Following oral arguments held on Friday morning, Ocean County Superior Court Judge Francis Hodgson ruled Aaron Hirsch's lawsuit against the Lakewood Zoning Board may proceed, FAA News has learned.
Back on April 1, 2024, the Zoning Board granted a Use Variance to Chestnut Equity to construct a four-story, 74 unit multifamily residential apartment building on Route 70 near Vermont Avenue.
At the public hearing, Aaron Hirsch, who was the sole objector, testified that Brian Flannery, P.E., the applicant's engineer, failed to provide the proofs required for the granting of a Use Variance for a non-inherently beneficial use.
Notwithstanding these objections, the Board approved the use variance.
As previously reported here on FAA News, back in August 2024, Mr. Hirsch filed legal action in New Jersey Superior Court in Ocean County seeking to overturn the Board's approval of the application.
The pro-se complaint highlights that the developer induced the Board to approve this major development based on a gross misrepresentation of the Township's 2017 Master Plan, and more specifically, the road improvements contingency that the Planning Board worked fervently to squeeze into the master plan which stipulated that certain road improvements be undertaken on all collector roads prior to the zone changes going into effect.
The suit demands judgment voiding the Board's approval of the application; vacating the Resolution of Approval; for costs of suit; and for any further relief as set forth by the court.
Zoning Board Attorney Jerry Dasti filed a motion to dismiss the lawsuit alleging that Hirsch's complaint "violated procedural requirements."
Following oral arguments held on Friday morning, Judge Hodgson rejected most of Mr. Dasti's arguments and simply directed Mr. Hirsch to refile an amended complaint.
It's highly unusual for the Lakewood Zoning Board to file such motions for dismissal. It bears noting that the Board's motion was essentially fighting - via taxpayer funds - on behalf of the developer who didn't pay a dime.
The motion filing underscores how threatened the Board feels by the weight and exposure of this lawsuit.
While Aaron is not paying for an attorney, he is paying for court costs and transcripts. Donations are welcome and appreciated. You can contact Aaron by email at Aaronhirsch2@gmail.com.
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3 comments:
NOW someone is worried about over development and traffic congestion! A little late for that don't you think?
Ummm, he's been fighting at these boards for years with success, otherwise this town would be a lot worse. We actually owe Aaron a thank you for taking his time over the years and his dedication for the Lakewood community.
Recently the boards approvals have gotten even worse, so he's now going to the courts to reign in the Planning and Zoning board approvals.
Aaron Hirsch, you’re an inspiration. Taking on a fight like this, especially on your own, shows just how much you care about fairness and doing what’s right for your community. It’s not easy to stand up against powerful boards and developers, but your determination proves that one person can make a difference. Your courage and persistence remind all of us how important it is to speak out when something doesn’t feel right. You’re not just fighting for yourself—you’re standing up for everyone who values honesty and accountability. We’re with you, cheering you on, and so grateful for all you’re doing. Stay strong!
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