UPDATE: JUDGE ORDERS LAKEWOOD PLANNING BOARD TO HEAR YESHIVA CHEMDAS HATORAH'S APPLICATION DESPITE PENDING APPEAL

As recently reported here on FAA News, the Lakewood Township Planning Board has formally filed an initial appeal from Judge Hodgson's ruling on Yehuda Dachs's application to add 500 cars to the James Street and Cross Street area traffic.

Judge Hodgson has just ordered the Board to consider the application on its merits already now, while waiting for the appeal process to complete, FAA News has learned.

Application SD 2511, filed under the name Yeshiva Chemdas Hatorah (but owned by Mr. Dachs) 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 duplex homes plus basement apartments. 

That is 250 families, and approximately 500 cars.

This zoning district does not permit duplexes. However, this particular application for duplexes was not seeking a Use Variance from the Zoning Board. As previously explained in a full background story here on FAA News, this is because the developer was demanding that he can rely on a loophole ordinance the Township Committee adopted in 2018.

At their public hearing on the application, held in December 2022, the Planning Board delved deeply into the nuanced wording of the 2018 ordinance, ultimately determining that Dach's application didn't comply with the 2018 ordinance and therefore they lacked jurisdiction to hear the new application for duplexes.

Subsequently, in February 2024, as previously reported here on FAA News, Yeshiva Chemdas Hatorah filed a lawsuit seeking to reverse the Board's denial.

As previously reported here on FAA News, last month Ocean County Superior Court Judge Francis Hodgson overturned the Board's ruling and remanded the application back to the Board.

Subsequently, numerous neighbors signed a letter urging the Board to appeal Judge Hodgson's ruling.

The Board agreed and filed a Notice of Appeal with the New Jersey Appellate Division.

The appeal process will likely take a full year or so.

Judge Hodgson has just ordered the Board to consider the application on its merits already now, while waiting for the appeal process to complete. (This means that if the Board wins the jurisdiction-based appeal, any approval of the merits of the application would also become null and void retroactively.)

The Board has placed the application on its December 17, 2024 public hearing meeting agenda.

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