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Building to be torn down
(by Karen F. Mrnarevic - May 21, 2008)
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Photo By Karen F. Mrnarevic
It has been more than two years since a fire ravaged the building at the corner of Third Avenue and Elm Street in Westwood, destroying what had been the Cup and Saucer restaurant, at ground level, and the apartments above it. Now, the borough and the owner may have reached an agreement to have it demolished and rebuilt.
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It has been more than two years since a fire ravaged the building at the corner of Third Avenue and Elm Street in Westwood, destroying what had been the Cup and Saucer restaurant, at ground level, and the apartments above it.
The owner of the property, Richard Schmidt, had been reluctant to demolish the building because the property is currently zoned for two-family housing, and his nonconforming use of the structure as a restaurant and apartments had been “grandfathered” in and was subject to forfeiture if the building were torn down.
The issue is complicated and goes all the way back to January 2006. According to Borough Administrator Robert Hoffmann, shortly after the building burned down it was inspected by the borough engineer and found to be at least 50 percent structurally sound. In accordance with state law, Schmidt would have been able to submit plans to the borough within 12 months of the fire to repair the building.
However, says Hoffmann, Schmidt waited nearly a full year before submitting plans, and incomplete plans at that. “We approve plans that adhere to the code and are safe and responsible,” Hoffmann said, “The plans did not meet code.” As a result, Schmidt’s plans were denied, and Schmidt responded by filing a lawsuit against the borough, demanding the borough approve his plans for construction.
Hoffmann stated that the most important thing right now is that the building is torn down, as the structure has deteriorated due to exposure to the elements and is now a hazard to the surrounding community. “Residents complain on a regular basis,” he said. “It’s an eyesore, it smells after a rainstorm, and it’s a blight on the borough.”
But there seems to be hope for both the borough and Schmidt. According to Borough Attorney Russell Huntington, the borough has worked out a compromise that will allow Mr. Schmidt to retain the building’s grandfathered nonconforming use status as long as he demolishes the building in a timely manner. “We believe that we have effectuated a method of resolving the case,” said
Huntington .
The borough issued a consent order on May 8, the basic purpose of which is to memorialize the agreement between the borough and Schmidt. The order stipulates that Schmidt must take steps and secure permits to demolish the building, “to be completed within approximately 30 days from the date that all utilities have been disconnected.”
Huntington confirmed that Schmidt has already applied for permits to disconnect the utilities.
Furthermore, the order states that the demolition shall be made “without prejudice,” meaning that the borough cannot “assert claims with respect to the lawful status of the building… and the validity of the pre-existing non-conforming use.” In other words, because Schmidt has agreed to demolish the building, the borough will allow him to submit an application for site plan approval to the Zoning Board of Adjustment for an identically sized (or smaller) non-conforming use structure.
“Within a matter of weeks it should be torn down,” said
Huntington . “We hope that this will break the log-jam and lead to the end of this.”
Schmidt’s attorney, David Watkins, is also hopeful that the situation will be resolved, but the satisfaction of his client is paramount. “I’m hopeful that the board of adjustment understands the new plan is substantially better than the original plan,” he said in a phone interview. “It’s a cleaner plan.” However, he said, if the board does not approve the plan, Schmidt will proceed with the suit.
Karen F. Mrnarevic's e-mail address is Mrnarevic@northjersey.com.
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