UPDATE: FAMED LAND USE ATTORNEY JAN MEYER RETAINED AGAINST APPLICATION TO ADD 500 CARS ON CROSS AND JAMES STREET

As first reported here on FAA News (https://www.faanews.com/2022/07/500-cars-plus-2-schools-with-banquet.html), an application pending before the Lakewood Township Planning Board would add an additional 500 cars to the Cross and James Street traffic.


Application SD 2511, filed under the name Yeshiva Chemdas Hatorah, (and fully owned by developer Sharon Dachs of Deerfield Holdings), seeks approval to build a brand new residential development at the 17.5 acre parcel on the northeast corner of Cross Street and James Street with 125 homes plus basement apartments. That is 250 families, and approximately 500 cars.


(For a full background on how this application is being presented as a permitted use, read our in-depth story at https://www.faanews.com/2022/07/scandal-revealed-how-township-officials.html.)


The application is currently listed on the agenda for the Board's upcoming meeting on Tuesday August 9th.


Following our initial exposure on this application, neighbors retained Jan Meyer, a frum and famous land use attorney from Teaneck, to represent them in opposing this application.


Mr. Meyer wrote to the Board "The Applicant bases this application on the fact that they previously file an application for a Planned Educational Campus, under SP2291. Of note, SP2291 has never been heard by the Board, let alone granted, as a result of the inaction of the Applicant.  Moreover, it is noteworthy that the instant application no longer seeks to construct a school building on the above premises, as set forth in SP2291. 


"The idea that a developer can circumvent zoning laws, functionally rezoning an R-40 to  an R-7.5 simply by filing an application that is never acted or granted on is plainly improper and contrary to law and logic.  Accordingly, this application, which seeks to develop an R-40 zone to an R-7.5 standard, requires a D variance from the Zoning Board of Adjustment. Accordingly, the Planning Board does not have the authority or the jurisdiction to hear the above mentioned application. 


We intend to appear before your Board this coming Tuesday and hope that you will agree with the position that the Planning Board does not have jurisdiction over this matter, since it involves a use variance and therefore must be heard before the Zoning Board of Adjustment."


Several months ago Mr. Meyer was successful in getting Ocean County Superior Court Judge Marlene Ford to toss out a Lakewood Township Zoning Board approval of a Use Variance for homes on undersized lots on Spruce Street after the Board refused to postpone the hearing so the neighbors could have the opportunity to retain their own engineer to review the plans.


Mr. Meyer is currently suing the Lakewood Township Planning Board over their approval of a dormitory for Yeshiva Toras Chaim on Ridge Avenue. The lawsuit charges that the Board heard the application on the theory that the dormitory was an “accessory use” to the school building which is a permitted use (but which has already been constructed), however, dormitories are not a permitted use in the Township's R-15 zone and therefore, construction of a standalone dormitory would require a use variance, which must be sought before the Zoning Board of Adjustment, not the Planning Board.


In addition, the lawsuit charges that the Board refused to grant the objector's a reasonable postponement so they could retain a licensed Planner and potentially other experts to provide testimony about the jurisdiction of the board and to testify as to the plans in its design.


All parties involved in the case have submitted Pre-trial memos, and Judge Ford has scheduled a trial Readiness Conference for this case on August 22nd.


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6 comments:

  1. Yeshiva Chemdas Hatorah's Rabbi Pruzansky was shamelessly bought out by Dachs. Originally, Rabbi Pruzansky fought viciously against any homes being built near his yeshiva, but once Dachs offered him a piece of the pie (free land to expand his Yeshiva), he allowed his name to get shmeared into this bogus "Educational Campus" shenanigan so he could receive his slice of the pie as well.

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    1. Exactly. The site by Chemdas Hatorah has 15 acres but the builder only proposed building on 13 acres and gave 2 acres to CH. Right afterwards CH had a building expansion dinner. Follow the money.

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    2. Rabbi Pruzansky was aware of, and fully participated in, the filing of the original Educational Campus application adjacent to his Yeshiva. However, he was unaware, until now, of the filing of the second Educational Campus application at James Street. Both applications were filed together. He simply signed whatever affidavits Dachs gave him to sign.

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  2. Rabbi Pruzansky claims he was aware of, and fully participated in, the filing of the original Educational Campus application adjacent to his Yeshiva. However, he was unaware, until now, of the filing of the second Educational Campus application at James Street. Both applications were filed together. He simply signed whatever affidavits Dachs gave him to sign

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  3. Always follow the money-trail, it never failed yet.

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  4. Breaking: as per the official agenda, this application will not be reviewed tonight - August 9. The applicant has asked it to be carried.

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