HOWELL — A state Superior Court judge has cleared the way for the eventual construction of the Monmouth Athletic Center, five years after the principals purchased the site on Fairfield Road.
“We’ve been through the gauntlet with this case to try and build a recreational facility in Howell,” said T.J. Coan, one of the partners.
On Oct. 19, Superior Court Judge Lawrence Lawson, sitting in Freehold, approved settlements dealing with three separate lawsuits associated with the project, Coan said.
Attorney Edward F. Liston Jr. filed suit against the Howell Township Council on Nov. 23, 2009, on behalf of residents Thomas J. and Janice L. Romisoukas, Matthew Paterson and Norma Marino.
The objectors’ suit challenged the council’s adoption of a rezoning ordinance which changed the property where the athletic center was proposed from ARE-6 (agricultural-residential) to an SED (special economic development) zone. A commercial multipurpose recreation and sports complex would have been a permitted use in the SED zone.
“Basically we ended up paying a $25,000 settlement to Mr. Liston and his clients,” Coan said. “Like everything else, it just came down to money. Nothing surprises me anymore in the development process in New Jersey.”
Liston could not be reached for comment.
The neighboring property owners have long objected to the proposal for a commer- cial operation in a rural section of Howell.
Attorney Gerald N. Sonnenblick, who represents the developer, will prepare the consent order and submit it to Lawson for his signature and all cases will be settled without prejudice, Coan said.
The project has a complicated history.
It began in December 2006 when the applicant applied to the Howell Zoning Board of Adjustment for use and height variances to construct an indoor/outdoor commercial athletic complex on a 45-acre lot of the east side of Fairfield Road, 1,300 feet south of Route 33.
Portions of the property at the time were in an ARE-6 zone and an SED zone.
Zoning board members voted 4-3 in favor of the application on Jan. 14, 2008, but the application was denied because a supermajority of five affirmative votes was required.
The developer appealed the board’s decision and a Superior Court judge subsequently upheld the zoning board’s decision. The developer then appealed the trial court’s decision.
The zoning board then voted 3-1 on June 9, 2009, to consider the possible rezoning of the Fairfield Road tract. The Township Council approved the rezoning on Oct. 20, 2009.
The zoning board approved a settlement late this summer that called for the construction of the athletic complex with 1,645 feet of road frontage. The developer agreed to increase buffers, reduce the size of an outdoor field and dedicate a portion of the property as open space. The buildings will be placed farther back from Fairfield Road, according to the settlement.
But Liston let board members know at the meeting that the case “was not going to end tonight” and that he planned to appeal.
Coan said his partners decided to pay the settlement costs because the township was involved in the lawsuits.
“We felt it was kind of unfair to the township,” Coan said. “We didn’t want to pay it. I have other names for it. I guess settlement would be one.”
Coan and his partners purchased the property five years ago. He declined to discuss how much the company had spent in legal battles during that time.
“I can’t even begin to publicize that,” he said. “This is a lesson for all. This is why people do not want to do business in New Jersey. It’s not specific to Howell. We are the perfect case study.”
Gov. Chris Christie needs to work on the way development is done in New Jersey, to avoid “legal shakedowns,” Coan said.
“Other people will go to other states because it’s cheaper and easier,” he said.