Ross Gillan, left, and Timmy Vitella, both of Delaware, were among the amateur and professional skim boarders competing in SkimBash 2014, a points-accredited competition held Sept. 6-7 at the Sea Bright Municipal Beach. See more photos, page 3. A Superior Court judge has reversed the rezoning of a beachfront lot in Long Branch, blocking a proposal for a townhouse development from going forward.
Judge Lawrence Lawson reversed a decision by the Zoning Board of Adjustment ruling that the lot should remain zoned for recreational use as specified in plans for the Beachfront North II redevelopment plan.
In his Aug. 28 decision, Lawson also invalidated the City Council’s redevelopment agreement with TDB Associates, which planned an 11-unit, three-story townhouse development on two lots at Ocean Avenue and Marine Terrace.
Lawson said the zoning board acted improperly in approving the merger of Lot 4, which is zoned for residential development, and Lot 7, which is zoned for recreational uses.
“This court finds that allowing residential use on Lot 7 would undoubtedly be contrary to the redevelopment plan,” the decision states. “In order to permit residential use on Lot 7, the plan cannot remain as it is written.”
He said the zoning board’s actions in deciding that residential use was permissible on Lot 7 — without directing TDB to the City Council for amendment of the redevelopment plan — lacks “proper legal support.”
The ruling came in a lawsuit filed against the city of Long Branch, the Planning Board and TDB by attorneys for the neighboring Promenade Beach Club and the Seaview Park Condominium Association.
Thomas Hirsch, attorney for Seaview Park, said the suit argued successfully that the city acted in error by not amending the redevelopment plan to allow residential uses on Lot 7 on Ocean Avenue.
“The court agreed with our position that if they want to allow residential development on Lot 7, that should be done by way of an amendment to the redevelopment plan,” he said. “We are talking about the appropriate procedure as to an amendment to the redevelopment plan.”
Anthony Monzo, the attorney representing TDB, could not be reached for comment.
City Attorney James Aaron said the council would review Lawson’s decision and determine a course of action before the 45-day window to appeal the ruling is closed.
“The city will review the decision next week and make some policy determination as to if it should do anything,” he said.
Michael Leckstein, the attorney representing the Promenade Beach Club, said the court decision is not only a victory for his client, but will ultimately benefit the city.
“We think it is the right decision for Long Branch as well as our clients,” he said.
In 2013, the zoning board ruled that the two lots could be merged for the purposes of the proposed residential development. That decision was, in part, based on the fact that since the redevelopment plan was drawn, the section of Ocean Avenue fronting Lot 7 was designated as a trafficfree Green Acres park and there is no vehicular access to the lot, therefore limiting development.
That decision opened the door for the City Council to reach a redevelopment agreement with TDB that allowed the developer to seek final approval by the Planning Board.
Over the course of several meetings, residents of Seaview Park expressed concerns about the plan, including the issues of parking, emergency-vehicle access, drainage and density.
Members of Promenade Beach Club also raised concerns over privacy, noting that balconies for the townhouse units would overlook the pool area.
According to Aaron, there are several options open to the City Council. These include filing an appeal, filing a motion for reconsideration, beginning the process of amending the redevelopment plan or taking no action.
Lawson acknowledged in his decision that there may be a point at which residential use is permitted for the site.
“The holding of today’s opinion shall not be taken to mean that TDB may never develop Lot 7 for any purpose other than recreational use,” he wrote.
“In fact, this court is mindful that considering the closure of Ocean Avenue, recreational use on Lot 7 would seem utterly impractical.”