Freeholders will not expand West End Park

By KENNY WALTER
Staff Writer

 Proponents of extending the West End Park in Long Branch gather outside of the West Long Branch Borough Hall on July 23.  KENNY WALTER/STAFF Proponents of extending the West End Park in Long Branch gather outside of the West Long Branch Borough Hall on July 23. KENNY WALTER/STAFF A grassroots plan to extend West End Park in Long Branch with the county’s help was shot down last week by the Monmouth County Board of Chosen Freeholders.

During a July 23 board meeting held at West Long Branch Borough Hall, activists asked the freeholders to fund the purchase of a vacant movie theater property in Long Branch slated to be developed by the Chabad of the Shore.

The group of 70-plus people told the freeholders they want the property to be acquired by the county or the city of Long Branch to expand West End Park.

However, Andrea Bazer, counsel to the freeholder board, told the crowd of supporters that the county would not intervene in a municipal matter.

“The county has always taken a homerule position and they follow the guide of the municipality,” Bazer said.

“Understand it is not a county issue at this point; it is not county-owned property; it is not for us to make these decisions; this is a municipal issue at this point.”

The appeal to the board came after the Long Branch City Council amended zoning ordinances in April to create a West End Overlay District to permit the Chabad proposal for a religious community center.

Under the amended ordinance, the Chabad would be permitted to operate on the second floor of the theater with retail on the first floor.

However, a group of residents and stakeholders have been critical of the zoning change, citing concerns about a religious use in the center of one of the city’s most popular business and nightlife districts.

Patty Verrochi, of Oakhurst, said the city did not solicit public comment about the zoning change.

“There was no public input; whatever questions that were asked, they just dismissed,” she said. “They went ahead with this plan as if it was something we all wanted. “We want something that is for the good of all, for the quality of life for future generations.” Several people spoke during the meeting, requesting the county get more involved and citing reasons for the park expansion that include public safety and the need for larger community events.

“Every time West End Park has an event, the police have to close the roads,” resident Joseph Hornick said. “It’s a public safety issue.”

“So if you extended the park, not only would you have more swings for the children and more enjoyment, but it would be better for the children.”

CJ Rubin, a Rumson resident, also said the expanded park could host larger community events.

“There exists a great opportunity for all of Monmouth County,” she said. “Adding to open spaces by acquiring empty, neglected property in a prime location would be a win-win for everyone.

“The potential for even larger events would exist with an even bigger and better park.”

Residents also threatened to bring the issue to the state level if the county refuses to get involved.

Freeholder Thomas Arnone reiterated that the use of the property is a municipal issue.

“Right now the state cannot overrule our decisions; we can’t overrule ordinances or a decision made at the planning board,” Arnone said.

Despite the outcry from the public for the park, Freeholder Lillian Burry conveyed a phone conversation she had with Mayor Adam Schneider, saying the mayor told her the city has no intention of either purchasing or using eminent domain to acquire the property to add to the park. Burry, who is recovering from a fall, spoke by phone.

At past Long Branch meetings, Schneider has repeatedly said the park extension proposal has no merit

“That proposal is nonsense,” he said during a June meeting. “The county is not interested; they made that very clear to us.

“We’d be talking about acquiring something that is probably going to be close to $5 million. … I defy you to find me a way that is going to improve the business district.”

The Chabad application was initially rejected by the zoning board because under previous zoning, religious uses were not a permitted use in the zone. The Chabad subsequently sued the zoning board.

With the lawsuit on hold, the council opted to amend the zoning to permit religious uses and mixed-use projects in the zone.

Attorney Scott Kelly, who has an office in West End, filed suit charging the city engaged unlawfully in spot zoning by amending zoning ordinances to add religious uses to the conditional uses permitted in the West End zone.

The complaint was filed last month in state Superior Court in Freehold. The twocount complaint claims the city violated New Jersey Municipal Land Use Law by changing the zoning in West End without formally revising the city’s master plan.

Kelly also filed an injunction to stop the city’s zoning change from being enacted.

The complaint claims the city engaged in spot zoning by using statutory zoning power to benefit a private interest rather than to benefit the collective interests of the community.

Kelly also appeared at the meeting and requested the county to step in and override the city.

“At what point do you look at what’s going on in the city and say home rule is fine, but enough is enough,” he asked. “At what point do you say home rule is fine but we have to get involved.”

Resident Vincent LePore, who is leading the proponents for the park extension, predicted the group would succeed.

“We believe our mission is a benevolent mission, a legal mission, and we do believe that our goals will be accomplished,” he said. “We believe the fight taking place in front of you is a fight of David vs. Goliath.”