I wrote the following "letter" after the most recent contract to sell my parent's properties fell apart. I do not understand how something like this could happen. Don't we live in a Democracy..where freedom, disclosure and rights are supposedly protected? I guess basic human rights are not respected in the town of Califon, New Jersey:
The Merger Doctrine, first articulated by the Supreme Court in Loechner v.
Campoli, 49 N.J.504 (1967), governs if two separate but adjacent lots can be
deemed to be one merged lot. There have been successful challenges to the Merger
Doctrine such as Pribish v. Corbett, 105 N.J. Supr. 407 (App. Div. 1969),
Chirichello v. Zoning Board of Adjustment 78 N.J.544(1979),Jock v. Zoning Board
of Adjustment, 371 N.J. Super. 547 (app. Div. 2004) or N.J.S.A. 40:55D-72(a).
Chicalese v. Monroe Tp. Plan. Bd., 334 N.J. Super. 413, 423 (Law Div. 2000).
These cases are too complicated for me to summarize in this letter but in all
them it was clear that before determining that two adjacent non-conforming lots
are indeed merged, Municipalities must carefully consider the property owner's
rights.
In my parent's case the two adjoining lots are 1/2 acre and 1 acre
respectively. The one acre lot is a conforming lot. The 1/2 acre lot is short a
minimal amount of frontage, all that is needed a slight lot line adjustment to
make it fully conforming. The lot line adjustment will not adversely affect
either of the lots, the environment or the neighborhood. This minor change would
result in two perfectly conforming lots. The 1/2 acre lot was never considered
part of the main property, was never developed in any way ( Bridge v. Zoning
Board of Adjustment, 233 N.J. Super. 587 ). My parent's
never erected any structures on the 1/2 acre lot. It was always considered an
investment, an insurance policy of sorts, and I was instructed to sell the lot
if money was needed to help pay for my parent's care as they aged. This lot has
been for sale for the past three years. For two of those years we have attempted
to get the lot line adjustment approved by the Califon Planning Board.
I do not understand why a Planning Board would accept an interpretation of
a law made by someone who is not an attorney. This interpretation has resulted
in extreme financial hardship and emotional distress for my family. I understand
Ms. McKenzie made this interpretation, leaving notes in the files of property
owners who had two adjacent properties that she felt should be considered
merged. I understand that none of the property owners were notified of her
decision. They were not given an opportunity to appeal to the Zoning Board of
Adjustment (N.J.S.A. 40:55D-72(a). Chicalese v. Monroe Tp. Plan. Bd., 334 N.J.
Super. 413, 423 ). They were not given the opportunity to
formally merge their properties if they so wished, thereby lowering their
property taxes. In fact, it is my understanding that some elected officials
deliberately did not want property owners to know for fear of a lower tax base
in the town.
As elected/appointed Officials the Mayor and Planning Board have a moral,
professional and ethical responsibility to protect the rights of tax paying
property owner in the borough of Califon, New Jersey. My parents paid
separate taxes on the two properties for 53 years. In fact last year the town
of Califon had both properties reassessed; two separate assessments and two
separate tax bills. I truly believe that in the case of my parent's two
adjoining properties the Doctrine of Merger has been misapplied by Ms.
McKenzie.
My parents loved the town of Califon. My mother's Uncle Elston Beaty, was
the first Mayor of Califon. Her father, Harry G. Geist was also mayor for many
years. Her mother, Helen Haggerty Geist wrote The Califon Story. My
mother taught Kindergarten, music and reading in the Califon Elementary School
for over 33 years. She was Organist and Choir Director at the Califon Methodist
Church for almost 50 years. My father was a Scout Leader and member of the
Planning Board in Califon. My father was a member of the Califon Volunteer
Fireman Company. He taught Chemistry and Physics at North Hunterdon High School
for over 30 years. They believed in their community and helped make the town of
Califon what it is today. I do not understand how this can happen.
I urge the Planning Board of Califon to do the right thing and remove Ms.
McKenzie's note from my parent's file. Both lots can be made conforming with a
simple lot line adjustment. Please help us to move forward towards settling the
estate as intended by my parents.
Sincerely
Noel Dunn Brown"
It is interesting that the Mayor of Califon, after he found out he had chickens that were illegal according to a town ordinance, pushed to have the ordinance changed. He did not "vote" on the change, but he sure rallied behind it, so did the members of the Planning Board. They challenge the rights of chickens, but not the rights of property owners!
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Tossing my bridal bouquet in the back yard of my family home June 9, 1973. The home holds so many wonderful memories!
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