Lakewood board rejects plan for new units, then fails

On October 31, 2024By Karl

LAKEWOOD – A case that could set a new tone for the town’s ongoing housing boom pits a local resident against a major town developer.

The lawsuit alleges that the Lakewood Planning Board improperly approved an 18-unit development it had previously rejected due to “significant public safety concerns.”

Viggy Blech, who lives in a single-family home on Curtis Lane, filed her complaint in Ocean County Superior Court on Oct. 24, her attorney, Edward Liston, said.

The complaint accuses the board of caving in to outside pressure when it recently chose to drop an appeal of a court order that forced the board to approve the project near Blech’s home.

The project proposed by Besadar Holdings aims to build houses on a 3.2-acre parcel of 14 acres.^This Street near Curtis Place.

The suit alleges that the board was “subject to pressure” from Besadar and other influential people to reverse its decision and cancel an appeal of the court order.

“They were under pressure and they dropped the appeal, and I don’t think they had the right to do that,” Liston said. Briefings were written, expenses paid and completed.”

Board Chairman Moshe Neiman did not respond to requests for comment, while board attorney John J. Jackson declined to comment, citing ongoing litigation.

Jackson’s office wants the court to dismiss the lawsuit filed by his colleague David J. Burns, who argues there is no basis for legal action.

The motion filed by Burns stated in part, “In this case, the plaintiff has not demonstrated that any legal obligation exists requiring the board to pursue its appeal.” “There is no actionable claim against the board as no such obligation is imposed by law.”

Robert C. Shea, an attorney representing Besadar Holdings, said the board’s decision was not surprising.

“The judge ruled that he was wrong in his decision, and the board complied,” Shea said. “I think the board decided they didn’t want to spend any more taxpayer money.”

Liston believes the case could have a pivotal impact on the future development of Lakewood at a time when the town’s population and expansion is increasing.

“Lakewood has had terrible development advice. “They make a lot of changes and approvals,” he said. “People in these neighborhoods already have traffic problems, and they don’t want those problems to get worse.”

by numbers

Lakewood’s growth, whose population increased from 96,000 to more than 140,000 in 2010, makes it the fourth-largest municipality in New Jersey.

Latest data shows it is also among the most active builders in New Jersey, issuing 417 new home construction permits last year; It ranks fifth most statewide, after Newark, East Orange, Jersey City and Union Township.

The current dispute dates back to December 2021, when Besadar Holdings submitted its proposal to build nine houses on December 14.^This Street location. The plans show that a new cul-de-sac called “Charlotte’s Way” will be built and houses will be surrounded around it.

Each home will also include a basement apartment, which could bring the total to 18 units if the entire basement is used, Liston said.

Board hearings were held in April and June 2022, and the board voted to reject the project on June 12, 2022.

In its decision, the board stated that it had concerns about the project’s larger buildings and density, as well as drainage and stormwater runoff from the new homes. Board members are also concerned about increased traffic and have plans to expand part of the 14th.^This Street.

“The board ultimately denied the application due to serious public safety concerns regarding the lack of street parking and the significant density proposed,” the board’s rejection decision read. The statement was included. “Especially in light of the basement apartments mentioned in the plans.”

He later added that the project would have “significant detrimental effects on the neighborhood” and would not properly protect residents from “fire, floods, panic, and other natural and man-made disasters.”

At the last hearing, seven residents of the area spoke against the project and one speaker supported the plan.

The incident emerged with the following developments:

After the approval was denied, Besadar Holdings filed a lawsuit against the Planning Board on September 23, 2022, reversing the denial.
A Superior Court judge issued an order a year later, in December 2023, asking the planning board to reverse its decision and approve the project.
On March 3, 2024, the planning board appealed the judge’s decision, arguing that the board’s concerns remained and should be considered.
On October 8, 2024, the board filed a motion with the court to withdraw the appeal; This was a move that allowed the project to move forward.

Liston alleges that board member Yechial Herzl, who was appointed to replace Mayor Ray Coles in January, tried to influence the board against the appeal. He quoted the minutes of the board of directors dated February 20^This At the meeting, Herzl opposed the appeal, claiming that an appeal “would be expensive”.

Citing state law, Liston said Herzl had no right to participate in the discussion and final objection vote because he was not on the board when the application was first submitted.

He also argues that the board did not have the right to set aside the appeal once it had become effective, and that he believed the pressure was unfairly exerted by Herzl and, through him, Coles.

Coles declined to comment on the matter, citing ongoing litigation. Herzl did not respond to a request for comment.

“The board operates as a quasi-judicial body, like a court,” Liston said. “The court cannot decide halfway through that it made a mistake. Ultimately, the board says they don’t think they can win the appeal. Why are they pulling the plug now?”

Joe Strupp is an award-winning journalist with 35 years of experience covering Lakewood and various local communities for APP.com and the Asbury Park Press. He is also the author of four books, including Killing Journalism on the state of the news media, and is an adjunct professor of media at Rutgers University and Fairleigh Dickinson University. Reach him at [email protected] and 732-413-3840. Follow him on Twitter and TruthSocial at @joestrupp