To much applause, on Tuesday night, Lakewood Township’s Planning Board announced that Menachem Gutfreund has adjouned application SP-2519 for a major child care center on Spruce Street between Washington and Vine Avenue's "until further notice."
Per the application documents, the 2-story plus finished basement child care center is anticipated to have a capacity of 350 children between the ages of 0-4. The center will include numbers special education and therapy rooms.
The Site Plan proposes 69 off-street parking spaces.
This site has quite a contentious history.
This is Mr. Gutfreund's fifth round of seeking land use approvals on this property. This is also the neighbor's fifth round of objecting to land use approvals on this property.
The saga began back in January 2019 when Mr. Gutfreund 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!
Despite Mr. Gonzales's zeal, the Zoning Board ultimately denied that application.
In October 2019, Mr. Gutfreund submitted a "much reduced application" for only 9 homes on these lots. Immediately, the neighbors retained Teaneck Attorney Jan Meyer Esq. to file 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.
Specifically, a corporation owned, operated and/or controlled by Mr. Gutfreund was, at the time, constructing a home for Chairman Halberstam’s children!
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 1.09 homes would be permitted on that lot.
The neighbors were represented by Attorney 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.
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, Mr. Gutfreund again charged on with his development dreams for his property, but as a different use and before a different board.
This application was to the Planning Board for a 2-story plus finished basement child care center, with a capacity of 350 children.
As soon as the neighbors received notice of the application, they retained Attorney Meyer to represent their opposition. Mr. Gutfreund ultimately adjourned this application.
However, relief was short lived, because, just a but later, Mr. Gutfreund submitted an application to the Zoning Board for a Use Variance for 6 single family homes.
After holding 3 hearings on the application in December 2023, March and April 2024, the Zoning Board ultimately denied the application.
Mr. Gutfreund then returned to the Planning Board with his child care center proposal.
This is Mr. Gutfreund's fifth round of seeking land use approvals on this property. This is also the neighbor's fifth round of objecting to land use approvals on this property.
At one point, Mr. Gutfreund was in talks with Township officials regarding the possibility of the Township swapping land so that the Spruce Street property can remain open space, and possibly even one day turned into a public playground, thus allaying the neighbor's fears of seeing yet anothet round of land use applications. Unfortunately, these talks have faltered.
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1 comment:
Gutfreund's motto is to screw the neighborhood by make tons of money. He enjoys fighting with them and gets his high that way. He has a long record of doing this throughout different areas in Lakewood.
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