For years, the Lakewood Township Planning Board has carefully navigated the complex legal and procedural landscape surrounding Yehuda Dachs’s controversial application to build 125 duplexes on James Street and Cross Street. Faced with strong opposition from area residents concerned about the impact of 500 additional cars on already burdened roads, the Board has fought tirelessly to uphold zoning integrity and resist efforts to exploit legal loopholes. Last night, after yet another intense public hearing, the Board once again stood firm, voting to deny the application despite previous court rulings favoring the developer.
Application SD 2511, filed under the name Yeshiva Chemdas Hatorah (but owned by 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, as previously explained in a full background story here on FAA News, the developer is relying on a loophole ordinance the Township Committee adopted in 2018 which permits applicants who previously filed a complete application for a planned educational campus to resubmit and apply for duplexes.
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 the previously submitted planned educational campus application was never deemed complete by the Board, therefore the developers now lack jurisdiction to reapply for duplexes.
As previously reported here on FAA News, back in October 2024, Ocean County Superior Court Judge Francis Hodgson overturned the Board's decision, agreeing with the developers that Board Administrator Ally Morris did deem the planned educational campus application complete (despite that Yeshiva Chemdas Hatorah never submitted proof of accreditation as required by the ordinance), therefore the Board did need to now consider the reapplication for duplexes.
At last night's public hearing which spanned over 2 hours, Board Member Bruce Stern noted that the Township's planned educational campus ordinance requires a "campus school" to be a "not for profit institution of higher education that is a not for profit entity that is fully accredited and licensed by the Office of the Secretary of Higher Education of the State of New Jersey and one that offers both undergraduate and graduate degrees and is devoted to higher education and no other forms of education," additionally, the land and all structures including dwelling units shall be owned and developed only by the institution of higher education and not by or in partnership or in other arrangement with any investor group, construction company, a not for profit entity or any other third party.
Mr. Stern suggested that although the current application is for duplexes and not for an educational campus, because the duplex application is a result of a "conversion" from the educational campus, the duplexes also need to be owned by a fully accredited and licensed not for profit institution of higher education.
After the developer's attorney John Doyle stated he could not answer whether or not he agrees with the Board, and also that he could not answer whether or not the property is currently owned - and will remain owned - by Yeshiva Chemdas Hatorah, and also whether or not the Yeshiva is fully accredited, the Board voted to deny the application, stating they are confident this denial is fully supported by the record and is a separate issue which is not in violation of Judge Hodgson's ruling that the planned educational campus was deemed "a complete application."
Quizzically, Bruce Stern - who is the one who laid out this prized solution to the Board - voted in favor of the application!
The developers are likely to return to court to continue their strong fight for this project.
At the same time, the Board has filed an appeal of Judge Hodgson's jurisdiction-based ruling, so if the Board wins the jurisdiction-based appeal, any vacatur of tonight's decision in Superior Court would likely be mooted by the Appellate Division's ruling.
The Planning Board’s decision marks yet another chapter in its long-running battle to uphold local zoning laws and protect the community’s interests. While the developers are expected to continue their legal fight, the Board remains equally committed to defending its authority and challenging judicial rulings that have sought to override its determinations. With an appeal of Judge Hodgson’s prior ruling already in motion, this legal standoff is far from over. However, for now, area residents can breathe a sigh of relief knowing that their concerns were heard, and their opposition was not in vain.
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