Critics express objections to new West End zoning

By KENNY WALTER
Staff Writer

 Some people are critical of zoning changes approved for West End, a neighborhood with many small businesses and events.  KENNY WALTER/STAFF Some people are critical of zoning changes approved for West End, a neighborhood with many small businesses and events. KENNY WALTER/STAFF LONG BRANCH — A group of property and business owners are opposing zoning changes that they say could open the door to three major developments in the trendy West End neighborhood.

Critics spoke out before the City Council adopted amendments to the zoning ordinance on April 28 that would add religious uses as a conditional use in the zone.

Citing an application by the Chabad of the Shore to convert the vacant West End movie theater into a school and community center, several residents said religious institutions should not be permitted in West End, which serves as a host to outdoor concerts, arts events, antiquing, shopping, restaurants and nightlife.

“We do feel like the town is trying to accommodate this litigation,” said attorney Scott Kelly, referring to a lawsuit brought against the zoning board by the Chabad after an application to convert the vacant theater was rejected. “I think many of us believe that this is something that is bringing damage to Long Branch’s diversity.

“We are talking about some of the most valuable land in Monmouth County, and it should be used to maximize ratables.”

The Planning Board recommended a set of zoning changes at the March 17 meeting that would create a C-3 West End Overlay District and permit both institutional and residential uses on the second floor of retail buildings.

The new zoning would also permit mixed-use development that is now prohibited in West End.

Under the new conditions, the Chabad would be permitted to have a religious use on the second floor of the theater, with the first floor occupied by retail.

Long Branch Mayor Adam Schneider responded to Kelly’s comments.

“In terms of diversity, I don’t know what this ordinance has to do with diversity because whoever chooses to take advantage of it, that’s up to them,” he said.

Under the ordinance, the Chabad would be entitled to occupy 15 percent of the first floor of the theater and the entire second floor as a conditional use.

According to Schneider, the city will not have control over what businesses can rent the first-floor space.

“Our ordinance is silent over whom they may rent to. We don’t have any control over that,” he said. “We have control over the use there.”

Schneider said the changes could lead to the rebuilding of a Brighton Avenue block that was destroyed in a 2012 fire, and the conversion of the West End Elementary School into a performing arts theater.

The new zoning would allow the New Jersey Repertory Company to convert the West End Elementary School to a performing arts theater without seeking a use variance

Others who spoke against the amendments cited issues such as parking, traffic and the addition of religious uses to a business district.

However, Schneider said the retail component of the Chabad could only be viewed as a positive.

“You realize the property will be a ratable,” he said. “The commercial space will, in fact, be more significant and larger than what is currently.”

He also said the theater proposal will benefit local businesses.

Mariann Ciampa, who works in West End, said parking could be an issue with the addition of two major developments.

The ordinance would require both the Chabad and New Jersey Repertory proposals to provide additional parking.

“If it is a parking issue, there is going to be so much more public parking down there than what currently exists — I just don’t see that as an issue,” Schneider said. “The Chabad House would provide as many as 120 spaces; the West End School is going to have a similar requirement.

“Some of it is addressed in the ordinance. Some of it will be addressed as a conditional use as they file an application.”

Changes in the zoning to allow mixed uses would mean the owners of the buildings, which housed the nine businesses and 14 apartment units destroyed in a 2012 fire, could rebuild without seeking a use variance.

The overlay zone is a result of recommendations in a previous rendition of the master plan.

“The ordinance and the planning for the ordinance started 10 years ago because it is an outcome of the master plan,” Schneider said. “That’s something that has been somewhat lost in the public debate.”