JACKSON DEVELOPER RUSHES TO SCALE DOWN CHILD CARE CENTER APPLICATION AFTER NEIGHBOR WINS COURT ORDER

Jackson developer Michael Schwimmer was sued earlier this year by residents seeking to stop his planned child care center on Bennetts Mills Road. The neighbors obtained an initial victory in a court order ruling the lawsuit could continue, and the case has been readying for trial.

Feeling the heat of the upcoming trial, Schwimmer is now seeking to end his troubles by amending plans for his project, FAA News has learned.

This is not the first time that Schwimmer has cut down the project after intense backlash from neighbors.

Back in 2022, Bennett Mills Realty, LLC, which is owned by Michael Schwimmer, submitted plans to Jackson Township’s Planning Board for a massive Daycare and Medical Center. The child care center was to have a capacity of 450 children, and to include an after-school program which would keep the building in use from 7:45am to 5:00pm.

The proposal faced immediate backlash from many neighbors who argued that this is a "very residential area" and a child care center this size, especially with drop offs so early in the morning, would bring extra noise and traffic to the area.

As previously reported here on FAA News, at the first public hearing on the application, the developer agreed to eliminate the medical center.

Numerous neighbors still objected to the proposal.

Some frum neighbors suggested to the Board that they clarify the scope of the intended use and hours of use of the building, noting that our child care centers tend to be used "in many different ways over many different hours including off school hours."

The neighbors implored the applicant to consider selling the property so it could instead be preserved for open space.

As previously reported here on FAA News, in September 2023, the Board ultimately approved a scaled down plan for a 160 children capacity child care center.

A major contention at the Board's public hearing was regarding a proposed driveway on Johnson Lane. Johnson Lane is approximately 12 feet wide and only the first few feet is paved. After that, Johnson Lane is a dirt road with many potholes, mudholes, and sinkholes.

Board Engineer Erni Peters told the Board that a portion of the gravel road encroaches onto the adjacent property. He recommended that if any improvements are anticipated for Johnson Lane, at a minimum, the gravel drive should be realigned to be within the right-of-way.

Board Planner Douglas Klee also urged the Board to require the developer to pave Johnson Lane in its proper location.

Mr. Klee stated, “right now the plan is showing that the gravel portion Johnson Lane goes out of the right of way onto the adjacent property. Can we get a stipulation that we can at least put the road in the right of way?”

In response, Engineer Graham MacFarlane stated that they were seeking a design waiver from improving Johnson Lane. Ultimately, the Board granted the approval of the application, with a design waiver from improving Johnson Lane. The Board did stipulate that the proposed access to Johnson Lane be gated and permitted for emergency vehicles only.

Following this aproval, Nachman and Toby Landynski, the owners of the adjacent property retained Attorneys Nisan Zaghi and Avrohom Yankelewitz, Esq. to seek vacatur of this approval.

On January 29, 2024, Zaghi and Yankelewitz filed a 12-count complaint in New Jersey Superior Court in Ocean County seeking vacatur of the approval.

The lawsuit highlights the following:

• The Board Planner explicitly disclosed a fatal issue with the plan – that the emergency access road undeniably encroaches onto the Landynski's property line.

• Moreover, Mr. Alfieri, the developer's attorney disclosed the crux of the issue, which was simply that the Applicant did not want to “trigger Ocean County Planning Board potential road improvements to their standards." This is the entire reason for the Jackson Planning Board to approve a plan which encroaches on the Landynski's property!

"By approving the site plan, the Planning Board condemned Plaintiff’s property without just compensation. Further, the Applicant would be committing a trespass onto Plaintiff’s property any time the emergency access road would be used on Applicant’s behalf.

"In granting the Application, the Planning Board palpably abused their discretionary authority, in that the action takes was in all regards not based upon the facts in evidence. Moreover, the Planning Board palpably abused their discretionary authority by approving Johnson Lane as an emergency access road," the suit asserts.

Following initiation of this lawsuit, the developer retained Attorney Donna Jennings Esq.

Ms. Jennings immediately filed a motion to dismiss the entire complaint, arguing that the Board was well within their rights to ignore their professionals' expert opinions.

Judge Francis Hodgson was not fazed and permitted the lawsuit to continue to trial.

Ahead of the looming trial, Mr. Schwimmer is now returning to the Planning Board with an Amended Preliminary and Final Major Site Plan to remove secondary access and driveways from the Property to Johnson Lane and to reconfigure emergency access on-site to the rear of the property.

This move seeks to placate the neighbors, however it appears that the application is still not fully conforming as it appears to still require a design waiver from improving Johnson Lane - relief for which the neighbors can continue to object.

 This matter has been placed on the agenda of the Jackson Township Planning Board for September 9, 2024 at 6:30 p.m. in the Main Meeting Room at the Jackson Township Municipal Building, located at 95 West Veterans Highway, Jackson, New Jersey 08527, at which time you may appear in person or by an attorney and present any comments and/or objections you may have to the relief sought.

To join the FAA News WhatsApp Status, click here.