Board rules concerts are permitted as house party
BY CLARE MARIE CELANO
Staff Writer

FREEHOLD - Mark and Elaine Costanzo will continue to host concerts in their home now that the Zoning Board of Adjustment has determined that the concerts are private parties and not a home business.

A lengthy discussion took place at the zoning board's July 24 meeting to determine whether a group of people listening to a live performance of music in a house is a business or a private party.

A 5-2 vote eventually determined that what the Costanzos host in their Jackson Terrace home are parties, not a business.

The couple appeared before the zoning board because they had received a notice of violation from the borough that charged them with operating a commercial photography studio and holding concerts in a residential zone without a prior approval (use variance).

Mark Costanzo said that is "certainly not accurate."

The couple have lived in their Jackson Terrace home for 14 years. Costanzo makes his living as a commercial photographer and had the garage converted into a storage space for his equipment. He said he is an on location photographer and does not have any clients coming to his home.

Several years ago the couple decided it would be a good idea to host concerts in the garage. Costanzo liked the idea of hearing live music in an intimate setting and of having guests bring food to share with one another and with the performer.

"The idea that this (the concerts) is a business is far from true," Costanzo told the board. "This is all because of a newspaper article that made it seem that way."

He said hosting the concerts is a lot of fun and he would hate to see it go away. Costanzo said he contacts artists who may be interested in performing in such a setting. He said he does not advertise the concerts and compared hosting a concerts to people who host Tupperware or other housewares parties.

Board member Danielle Sims had a different opinion about the advertising. She said Costanzo's Internet Web site includes information about the house concerts and states that the musicians receive a donation for their performance. Sims said she sees this as promoting a business.

Costanzo said the artists do receive a donation for their performance, but said he does not receive any money.

Code Enforcement Official Hank Stryker III, representing the borough, said he saw the concerts as a fire hazard and a safety hazard. He said the number of people attending a concert in the garage space could be a problem.

"But this is my home," Costanzo responded in a surprised manner. "It's a party in my home."

Among the people who have performed at the Costanzos' home have been John Eddie, Willie Nile, Marshall Crenshaw, Jim Babjak and the Gripweeds, Graham Parker, Garland Jeffreys and the Smithereens.

Board members asked Costanzo if there had ever been any complaints from neighbors about noise or the music. He said no one has complained about noise. The concerts, which are acoustic, are held on Sundays between 3-6 p.m.

Board member Adele Ehlin asked Costanzo if he would address the fire safety issues. He said he would add fire extinguishers, but is not in a position to make major changes to the structure.

Kevin Coyne is Costanzo's neighbor and has attended many of the house concerts. He offered support for the Costanzos and said the concerts bring new quality people to the borough. He said a new interpretation of the ordinance is needed because the current law did not anticipate house concerts.

"There have been many changes in the music industry. Musicians are looking for smaller venues to play. Like-minded souls want to hear this music together and it's a great cultural benefit for our town," Coyne said.

He said having a musician entertain in a house concert is no different than someone having a comedian or a clown come to entertain at a birthday party.

"We are looking at something unfamiliar here. It is different from anything we've seen, but it is clearly a private party, not a business," Coyne said.

Coyne told the board members that the only reason the Costanzos had to come before them was because "the Asbury Park Press wrote a story about the concerts that presented imprecise information. The News Transcript wrote several wonderful stories about the concerts and they were stories about hosting music in a private home setting, not a business."

After Coyne spoke, board Vice Chairwoman Connie Murray agreed that members were now dealing with an "unimagined use" in town. She suggested that the Borough Council be apprised of the situation and address some of these new situations that no longer fit the current ordinances.

Board member William Barricelli said it was "sad to think we would deny a person [the right] to use his home as he sees fit. I don't think this is a business, it's a party."

Board Chairman Kevin Mulligan said the ordinance does not "envision this unimagined use."

Stryker said if the board decided that the house concerts were parties and not a business, he would nonetheless be prepared to issue a Notice of Imminent Hazard because of his concerns about fire safety.

"I am responsible to protect everyone in this town. If this garage studio does not show proper egress, etc., it is an issue of safety and a fire hazard," Stryker said.

He said he wants Costanzo to have an architect determine how many people can safely be accommodated in the garage space. Stryker reiterated that it is his job to ensure people's safety.

Barricelli, Mulligan, Ehlin, John Newman and Lynn Cannon voted to interpret the concerts as a private party and not as a business. Murray and Sims voted no on that interpretation.