Holmdel board unsure about Lily Tulip appeal
Waiting for developer
to act on court’s
unfavorable ruling
JERRY WOLKOWITZ Mountains of dirt cover the remains of what was once the Lily Tulip cup manufacturing plant. The Route 35 site in Holmdel is being cleared for adult housing and medical center components. A judge has vacated approval of a third retail component.
HOLMDEL — The Planning Board is taking a wait-and-see attitude about filing an appeal on the Lily Tulip property.
State Superior Court Judge Mark Sullivan vacated the board’s December 1999 approval of the retail component of the Lily Tulip plan at Route 35 and Laurel Avenue.
"We are going to wait and see what the developer wants to do before we decide if we are going to file an appeal," said Planning Board Attorney John Mamora of Kirkpatrick and Lockhart in Newark.
On Oct. 16 Judge Sullivan ruled in favor of an appeal by the owners and managing agent of the Holmdel Towne Center, located on the opposite side of the highway, according to Shrewsbury attorney James H. Gorman, who filed the appeal on their behalf.
The owners are TCW Realty Fund VIA Holding Company and TWC Reality Fund VIB, both of Boston. The managing agent, as listed in the appeal, is CB Richard Ellis Investors, L.L.C., also Boston.
According to Gorman, the judge, who did not issue a written decision, ruled that the Planning Board held unauthorized meetings with the applicant Caydenzar Associates, Rahway, and took unsworn testimony.
The Lily Tulip redevelopment project includes three major components, a 160-unit single-family senior adult resident community, an office/assisted living/nursing home component and the 235,000 square-foot retail area, known as The Commons.
The Planning Board approved all three components in December.
Holmdel Towne Center only challenged the retail portion of the site. The other elements still have approval.
Gorman argued that while the application was pending, the board improperly held special nonnoticed meetings with Caydenzar Associates without informing interested parties, thus failing to comply with municipal land use laws and denying the clients due process.
The judge agreed, and revoked the approval of the retail portion.
According to Mamora, the decision to revoke the approval was based on a previous case, Stewart vs. Manalapan.
According to Mamora, in Stewart vs. Manalapan, Judge Lawrence Lawson ruled that once an application is filed, all meetings between the developer and the Planning Board must be fully noticed to the public.
"The decision of Stewart vs. Manalapan was made after we had concluded the hearings and had given the approval," said Mamora. "When the appeal was filed, the owners of the Holmdel Towne Center argued that the decision applied to the Lily Tulip decision.
"Judge Sullivan said that he considered Stewart vs. Manalapan to be broad enough to encompass our case," said Mamora. "He also stated that any kind of meeting is subject to the Stewart decision."
Whether Caydenzar Associates will appeal the ruling is not known. Caydenzar’s attorney, Stephen Barcan of Wilentz, Goldman and Spitzer, Woodbridge, did not return calls.
Additionally, Stephen Denholtz, one of the principals of Caydenzar Associates, did not return calls.
Although the Planning Board has not made a decision, Mamora speculated on a possible appeal.
"It is my feeling that if Caydenzar Associates decides to file an appeal, the board will make an appeal of its own," said Mamora.