Menachem Gutfreund and the PD Family Credit Shelter Trust, which own 118 Ocean Avenue LLC, has been working very hard for several years to get various land use approval on Spruce Street between Washington and Vine Avenue's (across from Beis Kaila), despite much opposition from the neighbors.
Now, things have just been cranked up a notch as Mr. Gutfreund has submitted an application to the Zoning Board for houses on one his lots, all while he still has an application pending before the Planning Board for a massive child care center on the second lot, FAA News has learned.
In January 2019, 118 Ocean submitted an application to the Zoning Board for 6 homes on one lot, and 4 homes on the other lot. The Township's zoning ordinances permit only 2 single family homes in this zone.
Numerous neighbors flocked to the Board's public hearing to plead with the Board to deny the requested Use Variance.
Board member Obed Gonzales worked very hard to approve the application, so much so that when Abby Hirsch, a neighbor who was opposed to the application, stated that Mr. Gonzales should recuse himself as he had just started working for a company which was under Mr. Hirsch's control, Mr. Gonzales immediately announced that he is resigning from working for that company!
The Zoning Board denied that application.
In October 2019, 118 Ocean submitted a "much reduced application" for only 9 homes on these lots. Immediately, the neighbors filed emergent legal action in Chancery Court objecting to the Board’s hearing the Second Application because, inter alia, of a conflict of interest involving Chairman Abe Halberstam and Mr. Gutfreund.
Subsequently, Mr. Gutfreund met with the neighbors and he agreed to withdraw the Second
Application.
Thereafter, in 2020, Mr. Gutfreund returned with a revised application to construct 6 single family homes on only one of the lots, Block 837 Lot 1. This is a 60,000 sq foot lot so Township ordinances would permit 1.09 homes on that lot.
The neighbors were represented by Attorney Jan Meyer who opposed the application and asked for a minor adjournment of the hearing so he could bring an expert to testify regarding the application.
The Board ignored this request, and approved a reduced plan of 4 single family homes on 15,000 sq foot lots each.
Due to his conflict with Mr. Gutfreund which was previously exposed in Chancery Court, Mr. Halberstam was not present at that application.
Subsequently, on December 8, 2020, Mr. Meyer filed a Complaint in Lieu of Prerogative Writs seeking to overturn the Board's approval. The four-count lawsuit included a charge that the Board violated the statutory requirements of notice and availability of documents set forth in the Emergency Remote Meeting Protocol for Local Public Bodies.
In January 2022, Judge Ford granted summary judgement to the neighbors and tossed out the Board's approval.
In February 2023, as first reported here on FAA News, Mr. Gutfreund again charged on with his development dreams for his property, with an application to the Planning Board for a 2-story plus finished basement child care center, with a capacity of 350 children. This application is for Block 837 Lot 1, which is the site of the overturned 2020 Zoning Board approval.
Child care centers are a permitted use in the zone and therefore don't require a Use Variance from the Zoning Board, however, the Township does not have a set parking requirement for child care centers, which gives the neighbors leeway to oppose the application.
As soon as the neighbors received notice of the application, they retained Attorney Jan Meyer Esq. to represent their opposition.
Back in March, as previously reported here on FAA News, Attorney Matthew Fiorovanti Esq. representing Mr. Gutfreund requested that the Board adjourn the hearing as so as to give some time to try to settle the matter with the neighbors.
Subsequently, in April, as previously reported here on FAA News, Mr. Fiorovanti again requested that the application be adjourned "until at least June." Mr. Fiorovanti did not give any reason for this request.
While this application remains pending, Mr. Gutfreund is not sitting back quietly.
FAA News has learned that Mr. Gutfreund has noe submitted an application to the Zoning Board for a Use Variance for 6 single family homes on Block 831 Lot 1, which is on the other side of the proposed child care center lot.
The application is listed as Appeal #4281 on the Board's June 12 public hearing.
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