By josh davidson
Staff Writer
MATAWAN — A former borough resident has had trouble selling his property due to a zoning change.
Patrick Gorman, Greensboro, N.C., appeared at the July 15 council meeting to tell the governing body of problems he has had selling his house at 268 Main St. Gorman lived in the house for 15 years.
When he tried to sell the house, Gorman said, he could not find his certificate of occupancy to give to the new owner. When trying to obtain new ones, he found that the borough did not recognize his property as a two-family property, because the borough had changed the zoning from R50 II zone to R50, Gorman said.
Selling his house as an R50 zone would cause him and surrounding properties hardship, Gorman said.
He said he has provided the borough with proof that the house previously was a two-family home. This includes letters from utility companies and testimony from the previous owner, from whom Gorman purchased the home, that it was a two-family residence in 1954 and sold in 1965 as the same.
Gorman has asked the borough for proof of the zoning change, but has not received anything, he said. After researching the change, Gorman said he found no record of the rezoning. This either means, no change was made or it was made without being properly advertised, as required by law, he said.
When asking for the certificates of occupancy, he was directed by Borough Clerk Jean Montfort to call the building department, which informed him that the property was rezoned, he said.
Gorman told the building department he was not aware of the zone change and was sent back to the clerk when he requested proof of the change, he said.
Gorman said he then went to a Unified Planning and Zoning Board meeting on June 3 and was told he would be issued two certificates of occupancy by mail.
He said the certificates never came, and he sent his sister to the July 1 Unified Planning and Zoning Board meeting where she was told no certificates would be issued.
"My heartache is that I don’t understand why they won’t just give me the proof [of the zone change]," Gorman said.
After numerous correspondence by Gorman and other of his family members, he wrote a letter to Mayor Robert Clifton requesting to be reimbursed for his costs in the matter.
The total cost of $10,726 includes charges for registered letters, rental cars, air fair, legal counsel and his own labor, Gorman said.
"The request was for proof of documentation and all they have to do is give me that and they don’t owe me a thing," Gorman said.
Borough Attorney Brian J. Mullen chose not to talk about the issue at the meeting after hearing Gorman request the money from the borough. The amount mentioned suggests that potential litigation by Gorman, is a strong possibility, Mullen said.
Gorman said he will wait and see how the council responds before deciding whether or not to take legal action. So far he is not pleased with the attention his problem has been given.
"It’s really astounding that you can go through so many avenues, give them proof and not have them respond," Gorman said.