LAKEWOOD DEVELOPER MENACHEM GUTFREUND RETURNS TO HIS APPLICATION FOR HOUSES ON SPRUCE STREET

Lakewood developer Menachem Gutfreund is again returning to the Zoning Board seeking approval for 5 houses on Spruce Street.

This site has quite a contentious history.

This is Mr. Gutfreund's sixth round of seeking land use approvals on this property.

The latest proposal, which was submitted to the Zoning Board as ZB No. 4328, seeks conditional use and bulk variance relief to construct 5 residential dwellings on lots 12,000 sq feet in size (the earlier applications sought approvals on 10,000 sq foot lots).

It's unknown exactly how many rental apartments are proposed as the developer is seeking a waiver from submitting architectural drawings.

There are several changes in the new application:

• Five lots proposed under Appeal 4281 would have had access off of Vine Avenue, and one lot would have been accessible from Washington Avenue. Under the proposed design, three lots will have access from Vine Avenue and two lots will have access from Washington Avenue.

• For Appeal 4281, off-street parking and a retaining wall were proposed within a New Jersey American Water (NJAW) sanitary sewer easement. For Appeal 4328, the proposed off-street parking have been relocated outside of the sewer easement and the retaining wall is proposed was relocated along the northerly limit of the sewer easement (i.e., further away from the existing sanitary sewer within the easement).

• For Appeal 4281, all stormwater management measures were located within previously proposed Lots 1.01-1.02 (which fronted Spruce Street). For Appeal 4328, proposed measures are depicted within the same area as well as within the easterly shoulder of the Vine Avenue right-of-way (adjoining proposed lots 1.01, 1.03 and 1.05).

The application still requires a “d(5)” Use (Density) Variance as well as lot area relief.

This site has quite a contentious history.

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!

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. However, seeing continued objections from the neighborhood, Mr. Gutfreund pulled the application.

This new house application is Mr. Gutfreund's sixth round of seeking land use approvals on this property. The Zoning Board has placed the application on their public hearing agenda for next Monday night, November 18, 2024.

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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