APPELLATE DIVISION SCHEDULES ORAL ARGUMENTS ON LAKEWOOD’S BESADAR HOLDINGS MATTER

The New Jersey Appellate Division has scheduled oral arguments to be held later this month on Viggy Blech's contentious appeal of the Besadar Holdings matter.

As first reported here on FAA News, back in June 2022, Solomon Halpern of Besadar Holdings, represented by Attorney Robert C. Shea, Esq. and Engineer Brian Flannery, presented a "mostly conforming" application for 9 new single family homes on a cul-de-sac road along the southwest side of Fourteenth Street, southeast of Curtis Lane.

Many neighbors, represented by Attorney Ron Gasiorowski Esq. and Engineer Gordon Gemma, opposed the application.

The Planning Board typically approves new developments easily, especially if they are technically fully conforming. However, this application got very special treatment.

The Board cited concerns that there would be insufficient parking both off and on-street due to the "possibility" that there would be basements.

Board Chairman Moshe Neiman explained that his hesitations with this application were due to the "uniqueness" and "specific clientele" of the Fourteenth Street neighborhood.

Ultimately, the Board voted nearly unanimously to deny the application. Only Chairman Neiman and Mr. Yair Stern abstained from voting.

As previously reported here on FAA News, back in August 2022, the developer returned to the Board seeking reconsideration.

Despite renewed pushback from the developer, the Board again uncharacteristically advocated strongly on behalf of this "unique" neighborhood.

Chairman Neiman uncharacteristically sided strongly with the neighbors, stating, "yes, the application is conforming, and therefore, in a court of law a judge might side with you, however, this board needs to take into account the exclusivity of this neighborhood."

"We can't deny this application solely due to traffic, and if we could do that, we would deny every application because there is traffic everywhere in Lakewood. However, this is a very exclusive neighborhood, with neighbors who have lived here a long time and there are no basements in this area, therefore, this application would change the look of this whole neighborhood and that's why the neighbors fought so strongly against this application," Chairman Neiman added.

The Board voted to deny the reconsideration request.

As first reported here on FAA News, represented by Attorney Shea, back in November 2022, the developer filed a lawsuit seeking to overturn the Board's denial, asserting that "though there was one single design waiver, the application was "effectively as of right."

As previously reported here on FAA News, following the filing of the lawsuit, Viggy Blech retained Attorney Ed Liston Esq. to join the lawsuit as intervenor and help defend the Board.

Ultimately, as previously reported here on FAA News, at a plenary hearing held on November 2, 2023, Judge Wellerson overturned the Board's denial, saying that he is constrained and compelled to reverse the Board's denial of the application because "the Township Committee is the one with the authority to look at an undeveloped piece of property and determine what the appropriate use of the property should be. Unfortunately, it's not in the Planning Board's discretion to question the density permitted by the Township Committee."

"I'm not substituting my own judgement for what is best for Lakewood. I'm saying that I need to consider what is reasonable under the circumstances. Was the reason for the denial based on the waiver or based on other reasons, such as the "uniqueness" and "specific clientele" of the Fourteenth Street neighborhood.

"There is no record before the Board that an approval of this application would create a dangerous situation. Therefore, the question here simply is 'does Lakewood permit this type of development?' That is the question. The answer is yes. Therefore, the Board simply can't enact its own zoning plan," Judge Wellerson concluded.

Subsequently, Blech filed an appeal, arguing that the Township's Ordinance requires developers to prove either a hardship or that the property is peculiarly shaped in order to be granted the design waivers the Besadar Holdings application sought - and the developer failed to comply with this Ordinance requirement, thus the Board properly denied the application and Judge Wellerson's ruling should be overturned.

The Appellate Division has scheduled oral arguments to be held on Tuesday, April 29, 2025.

The Planning Board originally joined in with Blech's appeal. However, as previously reported here on FAA News they subsequently bowed to pressure from Yechiel Herzel and withdrew from their appeal. The Board has also just asked the court to waive their appearance at oral arguments.

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