I apologize if I come across as condescending. It wasn’t my intention. You might understand my frustration in that I am getting a ticket for cutting my grass when it causes no harm to anyone and is in fact how I read the requirements of the easement. No one from the Township spent this much time going after the contractor that stole over $100,000 from me and my neighbors earlier this year but cutting grass is a scandal. 

I was surprised by your comment that my easement doesn’t allow for maintenance when the language clearly says it does. You didn’t have the background or opportunity to know that so for that I am sorry. During my meeting with Mr. Howard it was clear that he didn’t take the time to read the easement language despite the fact that he was issuing a summons based on it and knew if my position. 

It’s for those reasons that I am beyond frustrated at this exercise. 

Thanks for your time. 

Sent from my iPhone

On Jan 4, 2019, at 11:20 AM, Jim Herrman <[email address]> wrote:

Mr. Leone,

I tried explaining our stance and how these easements came to be.  Your condescending tone is noted and now I see what my staff has been dealing with.  I’m sorry that you disagree with the Township on this and wish you good luck at the Zoning Board.  We will wait for direction from the Board should they decide that a change to your easement is necessary. 

Regards.

Jim

From: Julian Leone <[email address]>
Sent: Friday, January 4, 2019 10:55 AM
To: Jim Herrman <[email address]>
Subject: Re: Appeal of Decision Meeting

Did you read the easement? Not only does it allow for maintenance it requires it. Thanks for you time Jim but I can see that a meeting with you will be a waste of my time. I didn’t write the easement language (see below) but I can read and disagree with the Township on this issue. Does the Township have nothing better to do with their time? For who’s benefit does this easement exist? These are rhetorical questions. No need for a response.  

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Sent from my iPhone


On Jan 4, 2019, at 10:43 AM, Jim Herrman <[email address]> wrote:

Julian,

Your easement does not allow for any maintenance or intrusion at all.  This is a standard easement that is applied to hundreds of properties around the Township and you are not the first person that has ever brought this up.  Please understand that we did not make this rule but that prior Council’s and Planning Boards have required it to keep a natural buffer between new developments and existing properties that border it.    

 

You correctly received a violation whether you agree with it or not.  I do not have any leeway that I can grant you as our enforcement of the conservation easement is standard across the Township.  There is no disturbance that can occur and it must be left in its natural state.  I understand your frustration, but my staff is just doing their job.  I don’t believe there is any need to invite your neighbors. 

 

I’m actually booked on the 10th all morning.  I am available all day on the 7th, from 11:30-4 on the 8th, and all day on the 11th. 

 

 

From: Julian Leone <[email address]>
Sent: Friday, January 4, 2019 10:05 AM
To: Jim Herrman <[email address]>
Cc: [email address]
Subject: Re: Appeal of Decision Meeting

 

Hi Jim,

 

Thank you for your quick response. In available to come in on January 10th at any time before noon. Let me know if that works. 

 

The issue that is common to me and my neighbors is that we were issued a notice for maintaining the easements eking the rear of our property, specifically watering and cutting existing grass.  My argument is that the language of the easement requires that same maintenance. 

 

I am more than happy to bring this issue to the zoning board but was instructed by a member of that board to try and work this out with you first. My neighbors and I were all given until January 15, 2019 to fix the issues. 

 

Because this is a common issue, please let me know if you would like me to invite all of my affected neighbors to this meeting. 

 

Thanks,

Julian

Sent from my iPhone


On Jan 4, 2019, at 9:50 AM, Jim Herrman <[email address]> wrote:

Julian,

I received your email over linked in.  I am aware of your case and your desire to appeal my Land Officer’s decision to enforce our ordinance.  If you want to come in and speak to me you are more than welcome to do so.  When would you like to come in?  Let me know.

Thanks.

Jim

 

James R. Herrman, P.E., P.P., C.M.E.

Deputy Township Manager /

Director of Community Development

 

Township of Howell

4567 Route 9 North, 2nd Floor

Howell, NJ 07731

P: (732) 938-4500 x2315

 
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This message, including any prior messages and attachments, may contain advisory, consultative and/or deliberative material, confidential information or privileged communications of the Township of Howell. Access to this message by anyone other than the sender and the intended recipient(s) is unauthorized. If you are not the intended recipient of this message, any disclosure, copying, distribution or action taken or not taken in reliance on it, without the expressed written consent of the Township, is prohibited. If you have received this message in error, you should not save, scan, transmit, print, use or disseminate this message or any information contained in this message in any way and you should promptly delete or destroy this message and all copies of it. Please notify the sender by return e-mail if you have received this message in error.