[AsburyPark] Re: validity of the city's claim regarding a riparian grant

2006-07-23 Thread dfsavgny
--- In AsburyPark@yahoogroups.com, "wernerapnj" <[EMAIL PROTECTED]> 
wrote:
>
> 
> Right you are, I tend to think in present terms regarding the plan.
> The plan we have = current plan...The original plan = 1991 plan. 
> 
> I continue to believe the current plan was not arrived at legally.
> 
> Werner
>

Well it certainly wasn't adopted pursuant to NJ statutes. I think 
that has been proven. The city can't answer the question. It could 
be overturned on that point, but don't know if it should. With a 
willing council the current plan could be amended to have the best 
of both worlds. Everything could be accommodated, Fasano developing 
and saving 4th Ave block, DePetro finishing Jersey apts, fair 
prices/or infill for condemned properties, etc. Fishman would make 
even more money. As you said, in return, it's nothing to add a 
couple of floors here and there. As with regard to asano and 
DePetro, these guys would start tomorrow. If the city was only 
willing to use the power it has. Aaron emasculates the Council. 
Fishman ill negotiate. Aaron - Weldo - Faiella. Same club.






 
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[AsburyPark] Re: validity of the city's claim regarding a riparian grant

2006-07-23 Thread wernerapnj
--- In AsburyPark@yahoogroups.com, "dfsavgny" <[EMAIL PROTECTED]> wrote:
>

> No to the 1991 plan, I can't find it. You said in your post 
> the "original" plan. Since 1984 was superceded by 1987, and the 
> latter by 1991, the "original" is 1984, or at least that is what one 
> would reasonably assume by that use. Next time use the yar of the 
> plan as a modifier. The 1984 plan shows both sites being developed.
>

Right you are, I tend to think in present terms regarding the plan.
The plan we have = current plan...The original plan = 1991 plan. 

I continue to believe the current plan was not arrived at legally.

Werner






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[AsburyPark] Re: validity of the city's claim regarding a riparian grant

2006-07-23 Thread dfsavgny
--- In AsburyPark@yahoogroups.com, "wernerapnj" <[EMAIL PROTECTED]> 
wrote:
> 
> Dan,
> 
> It appears that you are making the same error that was was made by 
the Council and 
> others when the Carabetta bankruptcy was settled.  That is, using 
the wrong plan. The 
> 1984 Plan is irrelevent as it was superceded by the 1987 Plan 
which was then superceded 
> by the 1991 Plan.
> 
> The 1991 Plan is the only document what carries any legal 
significance when comparing 
> what we have now 'After Fishman' (AF) versus 'Before Fishman' (BF).
> 
> The City/Fishman/etc were obligated under land use and 
redevlopment law to implement 
> the 1991 Plan. That document was the one legally in force at the 
time of the 
> redevlelopment rights transfer.
> 
> To determine what the intent of redevelopment was you need to 
compare the 1991 
> development controls to what we have today. I'm looking for it in 
my stack of paper. Do 
> you have an electronic version of that ?
> 
> Werner
>
No to the 1991 plan, I can't find it. You said in your post 
the "original" plan. Since 1984 was superceded by 1987, and the 
latter by 1991, the "original" is 1984, or at least that is what one 
would reasonably assume by that use. Next time use the yar of the 
plan as a modifier. The 1984 plan shows both sites being developed.







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[AsburyPark] Re: validity of the city's claim regarding a riparian grant

2006-07-22 Thread wernerapnj
--- In AsburyPark@yahoogroups.com, "dfsavgny" <[EMAIL PROTECTED]> wrote:
> Check the 1984 plan I sent you. It's around page 62 or so. The map
> shows high density residential on both the Marine Grill (probably the
> portion that goes west of OA) and the Triangle.
>

Dan,

It appears that you are making the same error that was was made by the Council 
and 
others when the Carabetta bankruptcy was settled.  That is, using the wrong 
plan. The 
1984 Plan is irrelevent as it was superceded by the 1987 Plan which was then 
superceded 
by the 1991 Plan.

The 1991 Plan is the only document what carries any legal significance when 
comparing 
what we have now 'After Fishman' (AF) versus 'Before Fishman' (BF).

The City/Fishman/etc were obligated under land use and redevlopment law to 
implement 
the 1991 Plan. That document was the one legally in force at the time of the 
redevlelopment rights transfer.

To determine what the intent of redevelopment was you need to compare the 1991 
development controls to what we have today. I'm looking for it in my stack of 
paper. Do 
you have an electronic version of that ?

Werner





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[AsburyPark] Re: validity of the city's claim regarding a riparian grant

2006-07-22 Thread dfsavgny
--- In AsburyPark@yahoogroups.com, "wernerapnj" <[EMAIL PROTECTED]> wrote:
> 
> Dan, The "real" Marine Grill site, the one East of Ocean avenue at the 
> foot of Deal Lake, was not even part of the original redevelopment plan.
> 
> Recall that the eastern boundry of the Redevelopment Area is Ocean 
> Avenue. Everything east of Ocean Ave was Public Property and was 
> designated a rehabilitation area.
> 
> Condos east of O.A. was never part of the vision. Recall also that the 
> redevelopment area boundries were incorrectly transcribed early on and 
> that is why the triangle came to be refered to as the "Marine Grill" 
> site.
> 
> With regard to the "Triangle" I beleive that it too was not slated for 
> development. Reason being that it is also Public Property.. I will 
> check my documents.
> 
> Werner
>
Check the 1984 plan I sent you. It's around page 62 or so. The map
shows high density residential on both the Marine Grill (probably the
portion that goes west of OA) and the Triangle.





 
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[AsburyPark] Re: validity of the city's claim regarding a riparian grant

2006-07-21 Thread wernerapnj
--- In AsburyPark@yahoogroups.com, "dfsavgny" <[EMAIL PROTECTED]> wrote:

> I think the 1984 plan envisioned high density residential on both the 
> triangle and marine grill sites.


Dan, The "real" Marine Grill site, the one East of Ocean avenue at the 
foot of Deal Lake, was not even part of the original redevelopment plan.

Recall that the eastern boundry of the Redevelopment Area is Ocean 
Avenue. Everything east of Ocean Ave was Public Property and was 
designated a rehabilitation area.

Condos east of O.A. was never part of the vision. Recall also that the 
redevelopment area boundries were incorrectly transcribed early on and 
that is why the triangle came to be refered to as the "Marine Grill" 
site.

With regard to the "Triangle" I beleive that it too was not slated for 
development. Reason being that it is also Public Property.. I will 
check my documents.

Werner 






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[AsburyPark] Re: validity of the city's claim regarding a riparian grant

2006-07-21 Thread dfsavgny
--- In AsburyPark@yahoogroups.com, "wernerapnj" <[EMAIL PROTECTED]> wrote:
> 
> The Triangle is clearly visible in the second image. What most people 
do not realize is that 
> the parcel was never developed or contemplated for development. it 
has, as far as I can 
> determined,  been public property. Another example of the lack of 
research and planning in 
> this redevelopment project.
> 
> Werner
>
I think the 1984 plan envisioned high density residential on both the 
triangle and marine grill sites.





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[AsburyPark] Re: validity of the city's claim regarding a riparian grant

2006-07-21 Thread apoojo
--- In AsburyPark@yahoogroups.com, "oakdorf" <[EMAIL PROTECTED]> wrote:
>
> -got to back even further to the mid 70's when the first deal to sell 
the boardwalk was 
> hatched to a guy from Red bank named robert Oberst or something 
close.  I don't have docs, 
> but perhaps werner could help pin down the time frame - 76-78 around 
there.
>
it was in the early 80s he and his partners wanted to redevelop entire 
bdwlk area, put on public display in the old senior center, his 
original renderings were not that bad, was thrown out  not sure think 
kramer was gone fiorentino mayor, supposedly, allegedly, not saying its 
the truth would'nt kick back hence we got caarabretta






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[AsburyPark] Re: validity of the city's claim regarding a riparian grant

2006-07-20 Thread wernerapnj
--- In AsburyPark@yahoogroups.com, "oakdorf" <[EMAIL PROTECTED]> wrote:
>
> from Peter lucia's amzing ap site:
> 
> http://homepage.mac.com/peterlucia/noweverthen/asbury/ap2fold/ap2.31.html
> 
> the old triangle and marine grill.
>

The Triangle is clearly visible in the second image. What most people do not 
realize is that 
the parcel was never developed or contemplated for development. it has, as far 
as I can 
determined,  been public property. Another example of the lack of research and 
planning in 
this redevelopment project.

Werner





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[AsburyPark] Re: validity of the city's claim regarding a riparian grant

2006-07-20 Thread wernerapnj
--- In AsburyPark@yahoogroups.com, "oakdorf" <[EMAIL PROTECTED]> wrote:
>
> -somewhere there was a once some proposals to develop the marine grill site. 
> At some 
point 
> in time, the DEP and or the city denied the proposal. I'll think about it. 
> Maybe it wound up 
in 
> the shredder.
>

The project was for the construction of a Holiday Inn.

Werner





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[AsburyPark] Re: validity of the city's claim regarding a riparian grant

2006-07-20 Thread dfsavgny
--- In AsburyPark@yahoogroups.com, "oakdorf" <[EMAIL PROTECTED]> wrote:
>
> the 2002 agreement and the master plan don't even agree over the 
marine grill site. 
> 
> Besides, in any other town, as it should be here - this is WETLANDS. 
Take the example from 
> Shark River and other little piece of water - 300' from the water 
THEN start your setbacks.
>
The Triangle is not wetlands






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[AsburyPark] Re: validity of the city's claim regarding a riparian grant

2006-07-20 Thread oakdorf
-got to back even further to the mid 70's when the first deal to sell the 
boardwalk was 
hatched to a guy from Red bank named robert Oberst or something close.  I don't 
have docs, 
but perhaps werner could help pin down the time frame - 76-78 around there.








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[AsburyPark] Re: validity of the city's claim regarding a riparian grant

2006-07-20 Thread oakdorf
the 2002 agreement and the master plan don't even agree over the marine grill 
site. 

Besides, in any other town, as it should be here - this is WETLANDS. Take the 
example from 
Shark River and other little piece of water - 300' from the water THEN start 
your setbacks.






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[AsburyPark] Re: validity of the city's claim regarding a riparian grant

2006-07-20 Thread dfsavgny
--- In AsburyPark@yahoogroups.com, "oakdorf" <[EMAIL PROTECTED]> wrote:
>
> -somewhere there was a once some proposals to develop the marine 
grill site. At some point 
> in time, the DEP and or the city denied the proposal. I'll think 
about it. Maybe it wound up in 
> the shredder.
>
I have it, it is in the 1984 WRP which I just found on line today. It 
specifically says that it will attempt to relieve the state's claim on 
the Marine Grill site, which it defines as both the Marine Grill and 
the Triangle. In 1985 the city and state entered into the settlement.





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[AsburyPark] Re: validity of the city's claim regarding a riparian grant

2006-07-20 Thread dfsavgny
--- In AsburyPark@yahoogroups.com, "wernerapnj" <[EMAIL PROTECTED]> 
wrote:
>
> --- In AsburyPark@yahoogroups.com, "dfsavgny"  wrote:
> >
>  There is going to be consequences to lying to the public 
> > if that is what occurred.
> 
> HA, HAHA, HAHAHA, AAA, ROTFL, LOL
> 
> No consequences yet to the many lies and misrepresentations handed 
to the public regarding 
> the entire Redevelopment.
> 
> Sorry I just needed a laugh, as i'm usually quite depressed over 
the "Replacement" of this 
> great City.
> 
> werner
>
You're excused and deserve a laugh. But this might be different.






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[AsburyPark] Re: validity of the city's claim regarding a riparian grant

2006-07-20 Thread oakdorf
open space map, 2005:
http://logan.west21.com/coap/MasterPlan/2005NovDraft/maps/
RecreationOpenSpace_maps.pdf







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[AsburyPark] Re: validity of the city's claim regarding a riparian grant

2006-07-20 Thread oakdorf
from Peter lucia's amzing ap site:

http://homepage.mac.com/peterlucia/noweverthen/asbury/ap2fold/ap2.31.html

the old triangle and marine grill.






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[AsburyPark] Re: validity of the city's claim regarding a riparian grant

2006-07-20 Thread oakdorf
-somewhere there was a once some proposals to develop the marine grill site. At 
some point 
in time, the DEP and or the city denied the proposal. I'll think about it. 
Maybe it wound up in 
the shredder.





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[AsburyPark] Re: validity of the city's claim regarding a riparian grant

2006-07-20 Thread wernerapnj
--- In AsburyPark@yahoogroups.com, "dfsavgny" <[EMAIL PROTECTED]> wrote:
>
 There is going to be consequences to lying to the public 
> if that is what occurred.

HA, HAHA, HAHAHA, AAA, ROTFL, LOL

No consequences yet to the many lies and misrepresentations handed to the 
public regarding 
the entire Redevelopment.

Sorry I just needed a laugh, as i'm usually quite depressed over the 
"Replacement" of this 
great City.

werner






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[AsburyPark] Re: validity of the city's claim regarding a riparian grant

2006-07-20 Thread dfsavgny
--- In AsburyPark@yahoogroups.com, "oakdorf" <[EMAIL PROTECTED]> wrote:
>
> 
> Did any of the appraisals note that in their report of the triangle.
>

Are you kidding? They didn't even include the street vacation areas 
which the sales agreement clearly defines as enlarging the premises. In 
the end, they didn't appraise the subject property. They could have had 
$50,000-$100,000 in services for free. Whatever it took for me to get 
money out of Partners. In the end their egos got in the way, and we all 
pay for it. There should be a revolution in this city over what is 
going on with the Triangle. It is as bad as coming in your house and 
stealing your furniture and jewels. The cards are stacked against the 
citizens of this city. We have a redevelopment attorney that works to 
the benfit of the master developer and a majority on the council that 
simply plays ball with him out of ignorance or complicity.








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[AsburyPark] Re: validity of the city's claim regarding a riparian grant

2006-07-20 Thread dfsavgny
--- In AsburyPark@yahoogroups.com, "oakdorf" <[EMAIL PROTECTED]> wrote:
>
> Dan,
> 
> That "problem" may have impacted the original plan to build on the 
Marine Grill site. I just 
> don't remember the details. I was a still a dumb kid then working 
on getting married.
> 
>  So you mean to say that in effect, The triangle comes with a 
beach (privatized) as well?
> 
> Did any of the appraisals note that in their report of the 
triangle.
> 
> The shifting of a vote date is nothing new in AP politics. From 
what I always heard, that was 
> the way to do it. Do it enough times, then no one shows up.
>
What I am saying is that it appears that the riparian grant is on 
the Marine Grill site and not the Triangle. In fact, the affidavit 
from NJDEP's engineer (for the settlement in court) delineated the 
grant to cover only a portion (27%) of the Marine Grill site as 
tidelands which was vested in the State. The balance (73%) was 
designated as uplands with title vesting in the City. The engineer 
simply put the wrong Block/Lot ID on the parcel, but the map clearly 
shows it NOT to be the Triangle. I have also seen a letter from a 
local engineering firm who is a consultant to the developer reaching 
the same conclusion as I do. I believe the City had these documents 
and should have also reached the same conclusion. I am contacting 
DEP just to make sure that I am right and if I am, then the hammer 
will drop. There is going to be consequences to lying to the public 
if that is what occurred.






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