payment of attorney fees, more landscaping
Settlement includes
payment of attorney fees, more landscaping
BY SANDI CARPELLO
Staff Writer
RED BANK — The condominium project that was just "too big" has also become too time consuming, too costly and way too exhausting, according to Oakland Street resident Michael Reeps.
At the Zoning Board of Adjustment meeting last week, Reeps agreed to withdraw his objection to the Monmouth Street condominium and townhouse project. In return he asked that the applicant, Building and Land Technology Inc., revise its plans and replace the proposed driveway and six parking spaces with 6,000 square feet of landscaping and greenery.
Patrick Nulle, the principal in Building and Land Technology, will pay the cost of Reeps’ legal fees, which he incurred while opposing the project, as part of the deal, Reeps said.
Thinner and much more weary since the start of the one-year-old application, Reeps said he and his wife Heather "no longer have the energy and the funds" to oppose the plan.
"Fundamentally, I still and will always feel that it’s too big," Reeps said. "I do know, and will always feel, that the majority of this board will be voting yes for this project, regardless."
According to Reeps’ attorney, Lawrence Carton III, Middletown, the settlement was probably the best deal the Reeps could get.
"I suggested the reduction of one townhouse and Patrick Nulle suggested suicide," Carton said.
Since February, Building and Land Technology has been seeking variances and design waivers to build 24 condominiums and five townhouses on a 53,000-square-foot property on the corner of Monmouth and West streets. A use variance allowing a much higher density than permitted in the borough’s master plan was approved by the Zoning Board last year.
Residents who have been rallying against the proposed development said the fight is far from over.
"The settlement doesn’t mean that the application is approved," said project opponent Gerald Haggerty. "I have asked other residents if they were interested in hiring an attorney. … without legal representation it appears to be impossible to convince Zoning Board members that this project is just too big."
Markus Meyenhofer, Rumson, who owns Microscopy Laboratories on West Street and whose building abuts the proposed development, has hired attorney Amy Burr, of Klatsky and Klatsky, to represent him before the board.
If the project is approved, some residents said they plan to file an appeal.
Although he received some donations toward legal fees, Reeps said he had been footing most of the bills himself.
"I am going to be returning any donations that were made. … the money for all of the signs, fliers, advertisements, Web sites, etc., will never be recouped," he said.
The revised plans will be submitted to borough hall 10 days prior to the next hearing, which is scheduled for Dec. 11 at 6:30 p.m.
Due to the fact that the terms of some Zoning Board members expire Jan. 1, board engineer George Whalen urged the board to complete the application process by the end of 2003.