Herald - Lantern - Dispatch 24 |yly '85 73

Subdivision Owners Ask Closed Meet Wall Must Fall

(From Page 1) Chairman A1 Karaso. "We would have to advertise a special meeting," he pointed out. The commission regularly meets every third Tuesday at 4 p.m. in the Township Building. "I don't know why they want a closed session, added Karaso. "If it has to involve some private personal matter that does not deal with the public, perhaps there could be a closed meeting to protect an individual. But if the discussion is to deal with public matters, then we must have an . open public meeting." Kerr's letter said that Romney East had received permission for a sewer extension from the previous commission on Sept. 1. 1983, and "all necessary permits and approvals from the New Jersey Department of Environmental Protection ... "RELYING ON both your resolution and state permits and approvals," Kerr continued, "we constructed the sewer main, water main, storm drain system, underground electric, telephone and cable TV, natural gas lines, curbs, streets and street signs at a cost of $129,000 or more, plus the subdivision purchase price of $171,000. "Also in reliance," he added, "we have sold several lots to other individuals. Moreover, the commission itself has granted sewer connection permits for seven lots. We believe you have no authority to refuse the application for connection permits required for this subdivision." Kerr's letter commented that "if the daily effluent flow to the treatment plant exceeds plant capacity, we believe you have an affirmative obligation to take whatever corrective action may be necessary to accommodate the current daily average flow and any additional projected flows from prior approvals such as our subdivision." "THE COMMISSION has the responsibility to the rest of the town to maintain our (DEP) permits," responded Karaso, "and our permit clearly states that the maximum flow from the plant is 100,000 gallons. Just because an extension was approved by the DEP doesn't remove the commission of its responsibility to uphold the permit. "Conditions have changed drastically since the DEP first approved that extension," said Karaso, "but the DEP only deals with extensions. Individual connections and the monitoring of the plant are entirely up to the sewer commission. "We recognize an obligation to do something affirmative," said Karaso. "We met with Township Committee to discuss expansion of the district to include a larger part of the township so we can implement a plan for increased capacity of the plant and ultimately to hook up the (MUA's) Seven Mile Region plant "Why expand the plant unless there's a larger district?" asked Karaso. "The town is at its maximum usage. That's the dilemma. We're trying to work out some type of the plan involving the commission, the committee, the MUA, whoever else is involved. If it's a little rough in the going, it's going to be rough." ROMNEY EAST Associates includes Repici, Kerr, William H. Tozour Jr., Marino Cosenza and Roger J. Soens. State Police (From Page 1) never complained to me yet. Why don't they call here and complain? We've got a book here for every call and we can give a response time on any given complaint " The State Police station number is 465-7141. O'Brien said he has "at least two troopers, in one car, in Cape May County around the clock, seven days a week." He said there often are four troopers in two cars "We're running classes through for new troopers as fast as possible," he said. "This station will grow with personnel." O'BRIEN SAID 11 recruits were added to the station in June, bringing its strength to 50. That includes himself and detectives, he said. By having no local police, the three municipalities save on what is one of the largest single items in many local municipal budgets. The group came to the freeholders since the roads are county and some of the truck traffic is headed for the county MUA. Freeholders advised them that "enforcement" is a local responsibility and suggested they ask local officials to put a referendum on the ballot to create local police tows.. . « K t

A grand jury presentment critical of the previous sewage commission said that, after years of not granting any connections. on Sept. 1, 1983, it approved the proposed 19-home subdivision. DEP approval came Nov. 17. 1983, the presentment said. At that time, the commission was claiming the plant had adequate additional capacity, an opinion the presentment said was based on the flawed advice of member Michael Vistenzo. Of the 19 lots, Repici has a finished home, and Philip Charles has moved a home from Main Street into the subdivision. The previous, lameduck sewage commission also gave permits to Tozour Soens, Kerr, two to Cosenza, and Pam Bond and Joseph Rich. A drive through the subdivision revealed four Avalon Real Estate "for sale" signs, one Lands End "for sale" sign one Garvey Real Estate "sold" sign and one Avalon Real Estate "sold" sign. That presumably is Stokes' lot. Two Avalon Real Estate signs advertising "Single Family HOMESITES" with "city water & "sewers" remain on the subdivision site. They were there in the spring of 1984. Election Board (From Page 1) tor Gerald M. Thornton told the board. "As with any computer changeover, there are glitches." Sturm told this newspaper "If the original data is bad. you'll be bad forever more." County Treasurer Philip A. Matalucci. saying he was speaking "as a private citizen" (he's also county GOP chairman), told the freeholders he anticipated "a big problem getting (voter) lists done for the general election in November." Kalbach told this newspaper both political parties will have that information, which is used by the parties in their campaigns, but "He won't have an entire computer list. He'll have what's in the computer plus what we do with the Addressograph." The computer list, she said, combines name and address. The Addressograph uses two lists — one alphabetical, one geographical — to provide the same information. KALBACH SAID the freeholders were "making a mountain out of a molehill. The job would have been done, but we had to redistrict Middle Township." "Two years ago," Kilpatrick told the board, "the county clerk offered to do all this with existing equipment." "The county clerk is an excellent office," said Kalbach, "but it simply does not - understand the work that goes on in this office." "I suggest they put on additional staff." Thornton said at the meeting, and the freeholders unanimously approved a resolution "strongly suggesting additional person nel" be hired "Additional staff is not necessary," said Kalbach. "Temporary help would have no one to oversee them because we'd be too busy..." •SOME PEOPLE." Sturm told this newspaper, "including the other free holders, don't realize the work the board does. They have to suspend work during elections, recounts, and that squeezes the time left for other functions They're good people." "The political people have a problem for the simple reason that the law only gives us 30 days to do what we have to do." said Kalbach "Registration closes 30 days before the election. The clerk has to draw up the ballot. We have to mail the ballots We have to make voter lists. And we have to wait until the Friday after the election for postcard < registrations) that also have to go on the list. We work overtime and we get the job done." Sturm said that, prior to being elected freeholder in 1971. he was an election board member for six years and chairman for four r ^ea^.Jle was .a Democrat in those jdays. ...

Something There Is ...

Before 1 feci ill J wall Id art to know Hhat I mat walling in or walling owl. And to whom I was like to give offense. Something there is that doesn't love a wall ... "Mending Wall" by Robert Frost DIAMOND BEACH - Lower Township's Planning Board "doesn't love a wall" that a contractor built at the beachfront here on Raleigh Avenue. "The Planning Board has recommended to council that this wall be torn down," Township Manager James R. Stump told councilmen last week. He added, however, that Solicitor Bruce Gorman "has requested that we put off consideration of this matter until the next meeting (Aug. 5)." In his July 11 memo to council, Stump wrote that DiDonato Construction "improperly" built a wall around La Quinta Del Mar condominiums into the township's Raleigh Avenue right of way. But, Stump said last week, council should await Gorman's advice on the Planning Board recommendation to tear down the wall "because I'm sure this is going to wind up in court." "I'D LIKE TO know why our solicitor thinks this could be a law suit," Councilman Joseph Lonergan replied. "Here's a man (DiDonato) who put up a wall where he shouldn't have put it," the councilman observed. "He got the Planning Board to approve this, and then he didn't build it according to the Planning Board approval." "I think we all agree that the wall's in the wrong place," said Mayor Robert Fothergill. But, he explained, Gorman wants to be present when council considers the issue so councilmen don't "muddy things up." Council asked planners for a recommendation on the matter and they voted 6-0 on June 20. with Councilman Robert Conroy abstaining, "that the wall should be removed and that the original site plan be followed." According to township planning director Harry W. McVey, the contractor's "saying it's an accident; that's what everybody believes here." "THE BUILDER LET his brother (build the wall) and he thought the stakes that were in there were for the wall," Lonergan explained, paraphrasing the developer. "Now those stakes were (actually marking) the center of the road." Since La Quinta's wall was built toward those stakes, it's about two feet from the center of Raleigh Avenue and perpendicular to the beach, said Lonergan. That location affords the "only access to the beach in this section of Diamond Beach," Planning Board Solicitor Paul Dare advised council in an April 19 letter.

Dare wanted council's reaction to the wall so planners could "act accordingly" and Lonergan was a little perturbed last week that council had yet to take formal action on the problem. "He really doesn't gain anything by it," McVey said of DiDonato, the wall, and its value to the three-story 24-unit condominium. And, the planning director added, "there's a great deal of expense in tak ing the wall down" because it houses electrical equipment that operates automatic gates for La Quinta. "HIS FEELING IS." McVey said of DiDonato, "the street's not going to go through — there's still enough room to get emergency vehicles through there" and provide access to the beach. "There still would be a 14-foot right of way" from the wall to the property line on the opposite side of Raleigh Avenue. McVey explained, and DiDonato is willing to build a concrete walkway for pedestrian access to the beach — if the wall's allowed to stand, that is. Lonergan, though, was concerned about the precedent that would establish. "What if the property owner on the opposite side of Raleigh also decides to build into the right of way?" the councilman asked. Developer Thomas DiDonato faces a smiliar turf battle farther up the coast. North Wildwood Mayor Lewis G. Vinci last week instructed resort Solicitor David DeWeese to consider legal action against DiDonato so he'll replace part of the 16th Avenue bulkhead. DeWeese was weighing a complaint against the developer, for destruction of city property, because DiDonato allegedly failed to restore about 100 feet of the bulkhead after he completed construction of a boardwalk mall two years ago. Asked why Lower's planners referred the Diamond Beach wall dispute to township council rather than dealing with it directly themselves, McVey replied: "Technically, they might be able to take them (DiDonato) to court. "But the quickest, easiest thing is to say to council, 'We recommend that it (the wall) come down; if you want to leave it up, that's fine.' " I See Coupon on ! I N. Classified ' I Page ! 50«\ :

Mystern Pilot Still Unidentified

(From Page 1) "That was a mosquito spraying contract (plane) put out by the county," he added, referring detailed questions to the Mosquito Extermination Commission. "Tliey notify us when they're going to be in the area because they know we'll get calls. "And it was six o'clock in the morning and he was ( flying) very low" because of recent wet weather and its affect on the antimosquito spray. observed Kotz, a pilot who once did aerial spraying According to the reader who wrote to this paper, the offending aircraft "buzzed the roof" of a Lower Township police vehicle while it was "patrolling a beach area " And Police Lt Charles Thornton confirmed a report that the aircraft was "a spraying plane " If it was. it wasn't from the Mosquito Extermination Commission, said its superintendent. Judy A. Hansen. "OUR PLANE WAS there and it was fly ing low (spraying)." she added "(But) the one they were complaining about was a green plane " The commission pilot was flying a silver twin-engine Aztec with its identification number ( 4555P) stenciled on the fuselage Hansen said she thinks the green plane woke up the bayshore residents but. when they looked skyward to find out what was making all the noise, they then saw the later arriving spray plane "Naw. believe me." said Kotz, "I've been flying around here for 20 some years and I Jwpy.iiif pewte ) pUqi# i ,TJwre .

airplanes doing any spraying in this area at all " So the plot thickens into an aerial who-done-it Maybe the plane wasn't green"' Maybe it wasq't spraying0 "AS FOR GREEN at six in the morning — there are no green airplanes around here." said Kotz, except for a "banner plane that takes off at 11 a.m." ^ One complainant, who said he was familiar with aircraft types, told Kotz that the noisy June 11 plane was definitely a DC-3. one of those durable two-engine workhorses from the qarly '40s. Councilman Joseph Lonergan. who lives in North Cape May. saw an airplane over his home around 6:45 a m Junell He said he thought it was a twin-engine craft. "If it was green, it was a very, very light green." he added "I thought it was yellow ." It was the second plane to buzz his neigh borhood in a week so the councilman calljed police, he said, "and they said it was the "Mosquito Commission." "The (commission's) Aztec was the only one working" that time of day. according to Kotz "As for a green airplane, it didn't come in ( land > here; my people would have told me." Perhaps, he said, it was a "scud runner" — a pilot, flying without instruments, and clipping the treetops or skimming the surf while looking for the Erma airport That theoretical flyer might have faced navigational problems with bayside fog, Kotz reflected, or the fog could have made observers mistake the aircraft's color , , v. ftboeyer K was^ou^know.wbq