Application SD 2511, filed under the name Yeshiva Chemdas Hatorah (but owned by Yehuda 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, therefore the developer now lacks 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.
As previously reported here on FAA News, at their public hearing held in March 2025, the Board steadfastly denied the merits of the application based on Board Member Bruce Stern's suggestion 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, and because they are not, the Board has legal grounds to deny the application.
As expected, the developers have just now returned to court to continue their strong fight for this project
"Permitting the Board to deny the Residential Application on grounds that Plaintiffs did not meet the “conversion criteria” lends the Board a proverbial “second bite of the apple” and flies in the face of the Law Division’s ruling. In turn, the Board’s denial of the Residential Application is without merit," wrote Attorney Donna Jennings in a just filed complaint in lieu of prerogative writs.
"The Residential Application required no variances, design waivers, or submission waivers and therefore was fully conforming. The evidence submitted to the Board by Plaintiffs’ expert witnesses was overwhelmingly in favor of approving the fully conforming Residential Application. The evidence submitted to the Board by Plaintiffs’ expert witnesses refuted the testimony provided by the Board Engineer and the Board Traffic Engineer. The Board’s denial was arbitrary, capricious, and unreasonable, and otherwise wrongful, improper, and in violation of applicable law, and is entitled to no deference and must be reversed," the suit alleges.
"The governing body is the sole municipal body empowered to adopt zoning ordinances in Lakewood. The Board has acted so as to prevent the approval of a permitted use without any required variances or waivers. The Board’s denial usurps the zoning power of the Township Committee by arbitrarily prohibiting a fully conforming application to approve a permitted use in violation of N.J.S.A. 40:55D-62(a)," the complaint contends.
The Board has 35 days to answer the complaint
The Board has filed an appeal of Judge Hodgson's jurisdiction-based ruling. If the Board wins the jurisdiction-based appeal - which remains pending - any vacatur of their denial in Superior Court would likely be mooted by the Appellate Division's ruling.
Overall, this legal standoff is far from over.
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1 comment:
For the love of all of us, please deny this and hold any future applications. The traffic is insane and the evelopers make money on destroying our town. How about changing the ordinance , that only single homes with 40FT in between can be approved.
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