26 Herald - Lantern - Dispatch 14 August '85

SAVE 20% RIGHT NOW ON OUR COLLECTION OF FALL SKIRTS IN CORDUROY, PAISLEY, TWEED AND WOOL. SIZES 8-18 reg. «21 .00-529.00 NOW S16.80-S23.20 810 ASBURY AVE., OCEAN CITY OPEN DAILY 9 5 FRIDAYS Til 9 PM STAINTON'S CHARGE • VISA • MC 399 551 1

FIFTY-EIGHT Cape May Beach (Tolz tract) property owners voted for, and nine against, township M U A installation of sanitary sewers in their Town Bank neighborhood last week, according to Lower Manager James R Stump's office. That means that Stump, as head of the MUA, will proceed with the proposed $210,000 project; propertyowners can expect to pay $1,400 a year each over sevfen years. "J DON'T SEE any problem with the situation as it was presented to me." Township Solicitor Bruce Gorman said of the propos ed county lease of municipal land beneath the Chamber of Commerce headquarters; Bayshore Road. Villas (see front page) Councilman Robert Conroy called for a closed meeting during council's work session last week to "see what the general feeling" was on a iW-year' lease at a dollar a year. ' Gorman said he didn't think a closed session was necessary, but that council should adopt a formal resolution, approving the proposed lease. Council had been scheduled last week to take action on the lease proposal If it isn't postponed again, formal action may be taken at council's 8 p.m. regular meeting Monday. Besides leasing the land, freeholders want to buy the one-story chamber building for $13,000 and convert it into a nutrition center. r i

BflCHTO SCHOOL. ' sale % , ulrymple'S HURRY! Aug. 26th -Sept. 2nd Only - ! 9n% 0FR | | SCHOOL SUPPLES ! | WITH TIBS COUPON ONLY j 1 ■ — . — » ' (Minimum Purchase $8.00) Every School Need - 1 Stop Shop! ,* • FULL LINE OF MEAD BACK-TO-SCHOOL SUPPLIES • • RAINBOW BRITE • CRITTER SITTERS AND • GARFIELD NOTEBOOKS • FLAIR • BIC • PAPERMATE PENS, and MARKERS • TRAPPER FOLDER ^PORTFOLIO • BOOK BAGS » AND MUCH MORE!

„ Lower Township 11 Q"Hy • _ _ 465-5055 . f L_ I I

) COUNCIL DID HOLD a closed session last week. Gorman said, to discuss fallout from the municipal I land auction last month. I He said he told council that the daughter of David ' Scott, purported owner of 22 E. Virginia Ave., Villas, contacted lawyer John LaGrosse. claiming that the township improperly foreclosed on the property. "Once the foreclosure goes through, and unless they can show a defect (in the process), they're out of luck" Gorman added. He said LaGrosse looked over the paperwork on the property and agreed with his conclusion that the foreclosure was in order. Gorman said he hasn't been able to locate Scott's reputed title to the property. According to the township's "July 5 Land Sale Report." Richard Scott, Elizabeth Scott and Marie Wojoik of 1008 Sycamore Ave., Croydon, Pa., bid $20,000 on the Virginia Avenue house and $8,000 on 13 Matthews Ave., an adjoining 50- by 100-foot lot. They deposited $2,400 on the former and $1,200 on the latter but the check bounced, Gorman said, so the two women have presented Municipal Clerk Claudia R. Rammer with a new check for $3,600. That was still in the hands last week of Lower Treasurer Wade G. Cooper, said Rammer, while Gorman explains "the situa tion." about the balance of the property payments to the bidders. Gorman said the Virginia Avenue house was the most attractive property to go on sale Bidders were only interested in nine of 39 properties on the block for total bids of $31,000 The Virginia and Matthews Avenue properties account for $28,000 of that total. "JT HAS NOTHING to do with the merits, you just don't have any authority over it." Gorman advised council last week He was referring to South Crest Realty 's appeal of a Planning Board decision, granting First Peoples Bank site plan approval and parking variances to open Enrico s restaurant. Diamond Beach Planners voted unanimously June 20 to issue a hardship variance to the bank so it can operate Enrico's for two years with 48 parking spaces Gorman advised councilmen to reject the appeal because they lack authority to hear it Up until July 1. 1984. council had that power, the solicitor explained. but the pertinent law | NJS 40 :55D- 17(a)] was changed then r- "In- other words." Gorman summarized in a July 15 memo to council, "the power to appeal the action of the Planning Board to the governing body, has been eliminated by the Legislature." Council voted unanimously to reject the appeal on that basis. James E. Webb Jr.. attorney for South Crest Realty, did not return Lantern phone calls last

week on the question of whether his client would take the appeal to Superior Court. COUNCILMEN LAST week were supposed to hear a Planning Board recommendation that they order DiDonato Construction to remove a portion of La Quinta Del Mar condominium's wall from the township's Raleigh Avenue right-of-way. Diamond Beach. Through an oversight, that topic was forgotten on last week's agenda. Manager Stump said, but will be listed next week. As reported here July 24, he told councilmen July 15 that Gorman wanted to be present when they discussed the issue "because." Stump said. "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," said Councilman Joseph Lonergan. "Here's a man who put up a wall where he shouldn't have put it. He got the Planning Board to approve this and then he didn't build it according to the Planning Board approval." Gorman, who was attending an American Bar Association convention in London at the time, said last week that "there's the possibility" of a township law suit, "but there's been no decision made" by council. "We would have to sue them to remove it," the solicitor added, repeating: "But nothing's been decided at this point." •THE INDIVIDUAL Homeowners of La Quinta Del Mar" complained to the condominium trustees Aug 1 that they "are appalled at the conditions of the common areas of the property "The building does not conform with all local and state regulations and this is a very serious problem." wrote the homeowners Copies of the complaint

were mailed to the trustees, the press, township and state officials, including Assemblyman Guy F. Muziani, and lawyer Louis F. Hornstine. COUNCIL VOTED unanimously last week to table action on Resolution 85-114, which would have accepted Timber Lane as a municipal street as the first step toward paving in between the feuding Breakwater Estates (Briarwood Drive) and Breakwater Village (Long. Bros.) developments, Erma. "At the last meeting, I was instructed to build this road," Stump told councilmen before their vote. He said he needed their approval to accept the street or "sue the developer" to pave it. "Jim, I don't remember that you were instructed to build the road," said Lonergan. "I think we (only) voted to keep the road open. "...I don't know why you have to rush in there and pave," the councilman added. He, Councilman Robert Conroy and Deputy Mayor Joseph Davis voted July 8 for "a full-size street through there, paved and all," with Mayor Robert Fothergill abstaining and Councilman David F. Brand Jr. dissenting. But the vote. Lonergan «and Stump conceded, left open the question of whom would pave Timber Lane. "Table it," Conroy suggested last week. "Yeah." Stump agreed, "we could stop and not vacate it and leave it as is." Brand and Fothergill on July 8 favored a Planning Board recommendation that the township allow only a four- to six-foot-wide pathway over Timber Lane. GRAVEL PIT licenses for Dennar Inc. and (Page 27 Please)

vVr AUGUST J CLEARANCE i CJO% k l/V OFF ALL SUMMER MDSE. SHOP EARLY WHILE OUR SIZES AND COLORS ARE STILL COMPLETE SIZES 4 THRU 18 112 So. Main St. .Cape May Court House • 465-7162