Attorney gains approval for office use in home

BY CLARE MARIE CELANO Staff Writer

FREEHOLD — If you wait long enough and try hard enough, sometimes things do indeed turn out the way you want them to.

Such is the case for attorney Veronica Davis who, after trying unsuccessfully for almost two years to obtain a use variance that would permit a professional use in a home in a residential zone at 68 Court St., finally received the approval she was seeking from the Freehold Borough Planning Board.

In September 2009, board members denied Davis’ plan to use the home as a law office. The home at 68 Court St., which she owns, is next door to the headquarters of the Monmouth County Historical Association and across the street from the Monmouth County Court House and Monument Park.

Following the board’s denial, Davis filed suit in state Superior Court, Freehold, in October 2009. The matter was heard in May by Judge Lawrence Lawson, who remanded the matter to the board for reconsideration on whether the application deserved the variance.

No additional testimony was permitted to be given. The board was instructed to review the existing record.

On Aug. 25, voting on a motion to approve Davis’ application, board members voted 5-3 to grant approval for the professional use.

Voting yes on the motion to approve the application were board members Hank Stryker, Marjorie Goetz, William Butch, Robert Oaks and William Barricelli.

Of that group, Goetz, Butch and Oaks had originally voted to deny the application. On reconsideration, they changed their stance to approve Davis’ request.

Goetz said that after reviewing the file, she believed the positive criteria required for the variance had been met.

“She (Davis) has been doing a good job maintaining and keeping up the property and she has been a good neighbor as well,” Goetz said.

Messages were left for Butch and Oaks were not returned.

Stryker said he has always believed that although the Court Street area is residential, it has “traditionally been more commercial in nature.”

He noted that many law offices as well as the Monmouth County Court House are in close proximity to 68 Court St. He said he did not believe another law office with a small staff would have a negative impact on the area.

Councilman George Schnurr, who is the Borough Council’s liaison to the board, was not allowed to vote on the matter because Planning Board appeals are reviewed by Borough Council members.

Board member Danielle Sims recused herself from the application.

Planning Board Chairman Kevin Mulligan and board members Lillie Hendry and Adam Reich voted no on the motion to approve Davis’ application on Aug. 25. They had all voted in the affirmative to deny the application in the September 2009 vote (i.e., they voted to deny the application both times).

When the matter was initially heard by the board, several residents of Monument Street and Court Street objected to the request to permit another home in their neighborhood to have a professional use.

Davis told the News Transcript she is “extremely grateful” that the board has now approved the professional use for the home at 68 Court St.