Adeveloper is suing Monroe Township and its Zoning Board of Adjustment in the hopes of building a retail center in a residential zone.
The lawsuit, filed by Schoolhouse Road Associates, comes after the board’s second denial in March of an application to construct a 30,000-square-foot shopping center at the northeast corner of Buckelew Avenue and Schoolhouse Road.
“The decision of defendant zoning board to deny the requested relief was arbitrary, capricious and unreasonable, and contrary to all of the professional testimony and evidence submitted to the board,” Millstone-based attorney Richard Tilton wrote in the lawsuit.
The developer is seeking to have the board reverse its decision, and to allow use and bulk variances on the property. It also seeks to have the zoning changed to allow the commercial use.
Tilton said because the site is located at an intersection with a stoplight and more traffic than would be found in other areas of town, the retail center would be an appropriate use.
Further, the developer’s representatives pointed out that other tenants at the intersection include a firehouse, a bus depot and a school administration building, not residences.
Still, the project would require changes to the intersection, including the widening of Schoolhouse Road to accommodate turning lanes. Despite this, Harvey Yesowitz, a traffic consultant for the township, said at the March hearing that he did not think the project would bring a significant amount of traffic to the area.
According to the lawsuit, while the property is zoned for residential use, the township’s master plan supports granting relief in areas conducive to commercial development. In addition, it meets with aesthetic criteria set forth in the master plan, Tilton wrote.
Mayor Richard Pucci declined to comment on the litigation, but expressed his thoughts on the denial of the application.
“As far as I’m concerned, the zoning board, I have all the confidence in the world in them … that the decision they’re making is in the best interest of the community,” Pucci said.
At the builder’s March hearing before the board, a standing-room-only crowd of residents packed the meeting room. Some supported Schoolhouse Road Associates owner Robert McDaid’s plans, saying the provision of such retail services would offer convenience while bringing revenue to the township. Others were staunchly opposed to the project, saying it would bring too much additional traffic, and disturb nearby residents’ quality of life.
A group of opponents to the development hired an attorney in an effort to block the developer’s plans. Michael Sinkevich, of Princeton-based Lieberman and Blecher, testified before the board, saying Schoolhouse Road Associates did not meet the legal criteria that would make land use variances permissible.
Zoning Board Chairman Alan Plans cast the only vote in favor of the project, and later said he was surprised at its denial since he saw it as a positive for the community.
The project, dubbed the Marketplace at Monroe, was slated to be four buildings housing a bank, retail stores, food services and offices.
McDaid’s application for a similar commercial project was denied in 2004. The following year, he obtained approval to build eight single-family homes at the site, but told Greater Media Newspapers in April that he had no intention of constructing residences there.
According to Zoning Board Attorney Karl Meyertons, board members were forced into a decision due to a 120-day deadline. Members of the public requested an adjournment of the hearing so that they could have additional time to consult with their lawyer regarding the application, but the builder refused, Meyertons said.
“They were being asked to decide upon open issues,” Meyertons said. “That would have been reckless.”
A case management conference took place June 26, and a court hearing is scheduled for Dec. 4.