the
Council hopes deal can still be reached, but Brick now holds
the ‘hammer’
By Karl Vilacoba
Staff Writer
The hours are winding down for developer Preit Services, LLC, and Brick to agree on a purchase price for the vacant Foodtown property.
The Township Council passed a resolution July 29 authorizing Brick’s administration to seize the approximately 11-acre tract via eminent domain when it sees fit. The measure received a 6-0 vote.
Since the spring, Preit has appeared before the Brick Planning Board several times with an application to convert the property into a 104,695-square-foot Home Depot. The project faced heavy opposition from the outset by environmentalists, administrators from the neighboring St. Thomas Christian Academy, and from residents who simply objected to the idea of having three home improvement box stores in a 1.5-mile stretch of Route 70.
Several members of the council held out hope that they could come to an agreement, short of condemnation.
"This resolution would authorize condemnation only if negotiations fail," said council President Kimberley Casten. "We’d like to do this as amicably as possible."
"This is kind of like a hammer we’re holding up in the air, and hopefully, we won’t have to use it," said Councilman Stephen Acropolis.
Officials did not speculate on what the timeline is before the "hammer" drops. However, the next scheduled Planning Board hearing on the Home Depot project is Aug. 13.
Philadelphia-based Preit is the tract’s contract purchaser and a regional developer working on behalf of Home Depot. The group also applied recently to build Home Depot stores on Route 9 in both Lacey and Marlboro townships.
The vacant Foodtown property is owned by Food Circus of Middletown.
Although there are no definite, specific plans prepared, township officials hope to use the site for a community recreation center.
If Brick finally decides to condemn the property, located on Route 70 and Brick Boulevard, the site’s owners would have two chances to appeal the action. Under the first appeal, a judge would appoint a three-member commission to determine a fair purchase price for the site. That amount can also be appealed and decided by a jury in a civil trial.
Both sides remain far apart on a fair price for the commercial property. Business Administrator Scott MacFadden said recently that the township appraised the property at $5.75 million, but Preit’s estimate was far higher.
Residents heaped congratulations and thanks on the council for its action, offering a wide variety of reasons why it was important to them.
Among the speakers, kayaking enthusiast Darren Caffery applauded the council for protecting neighboring Forge Pond as a recreational site. The Rev. Jack Elstead of St. Thomas Lutheran Church said he and other members of the local clergy believe a recreational facility will improve the quality of life for the community. Concerned Citizens of Brick member Ernie Scherler spoke of the importance of protecting Brick’s drinking water source, Forge Pond, from pollutants that could runoff from the site. Dominick Rappoccio said he looked forward to the day the town would have a new, improved recreational facility to serve Brick’s seniors.
There were no speakers in opposition to the condemnation.
"What you did is terrific. You really ought to be proud of yourselves," said Janet Tauro, a member of the St. Thomas Board of Trustees.