Since learning last week that the NJ Superior Court and Judge Lawrence Lawson, overturned the decision of the Middletown Planning Boards to deny the fast food chain White Castle from building a restaurant on an undersized lot located between Main Street and Wilson Ave., on highway 36 in Port Monmouth, I’ve been in contact with Chestnut Street resident Shannon Ecklof. Ecklof has been leading the fight against White Castle sliding into the lot that butts up to his back yard and wrote the letter, ”They can’t fit 10lbs of White Castle in a 2lb bag” that appeared on this blog back in March of 2012. He has informed me that he and his neighbors haven’t given up on their fight against the White Castle.
Shannon informed me that he and his neighbors knew of Judge Lawson’s decision on the day it was handed down last month and that their attorney attended the April 3rd meeting of the planning board in response to discuss it.
At the planning board meeting, their lawyer asked the board if they had any plans to appeal Judge Lawson’s decision. After a brief discussion, it was decided by unanimous vote that the planning board would appeal.
I was also informed that they (Shannon and others) have since met in the Mayor’s office, where they were told by mayor Scharfenberger, the township would not appeal unless they thought they had a good chance of overturning Judge Lawson’s opinion. They would not waste tax payer’s money fighting a lost cause because of public scrutiny over township spending, but they were confident in a positive outcome and an appeal should be forthcoming.
For Shannon Eckof and others that live in the vicinity of where the White Castle wants to build, the news that the township and planning board are planning to appeal is welcomed. As a matter of law (and common sense in my opinion), it would seem that the planning board was right to deny White Castle’s application, it just doesn’t make sense to cut corners in order to squeeze a site plan that would normally require a 3 acre parcel of land onto a lot half that size.
Depending on the courts, the appeal of Judge Lawson’s decision could take anywhere between 6 months to 2 years to be heard according to Ecklof’s attorney. So don’t expect to be driving into a White Castle location in Port Monmouth anytime soon, it could be awhile or not at all.
We’ll keep you posted.
6 comments:
It doesn't make sense to put 245 housing units on Taylor Lane, but this Planning Board and out illustrious Township Committee approved to change that zoning.
It doesn't make sense to rezone commercial property along Rt. 36 to residential, but our town has gone and done that too.
It doesn't make sense to build a 180 unit apartment building on property purchased with open space funds, but Middletown obtained "special permission" to build that in Navesink. This resulted in a lawsuit filed by At. Highlands that Middletown lost, having to pay $330K for a ballfield Middletown was supposed to build.
The only thing that makes sense is that all of this has kept all of these attorneys employed.
Anon 12:30
You're correct, a lot of what the Middletown Planning Board or the Township Committee does doesn't make sense.
Poor planning and a lack of foresight on their parts lead to reactionary decision making, but to be honest this decision is the right decision, White Castle should not be allowed to build a restaurant at this location.
These republicans fought Mr. Azzolina in building the Town Center project after Rosemarie Peters as mayor proposed the idea. As Mike recently pointed out the Azzolina family has won that battle in court and may build it yet. This town wastes so much money on these issues. Then they tell the residents they won't challenge the White Castle ruling. Only after a showing by the residents at public meeting did they change their mind. Let's hope they give it there all in fighting this. Plenty of $$ for lawyers but no money to televise their committee meetings. Meanwhile Peters becomes the county surrogate and pads her pension. Once again the taxpayers lose.
Township can allow a sonic to be built on heavily congested 35 but when it comes to helping the water side of Middletown they just sit on their asses. We need some businesses here desperately on 36. White castle would help bring in more businesses to help the residents in this area do some local shopping instead of traveling miles to do it now. I for one live here and am all for it. Before you know it they will slip affordable housing in this area instead which would be 10 times worse.
Anon 10:39
Where have you been? Affordable housing in the Port Monmouth and Belford areas already exist. They were built years ago and the funny thing is that people don't even know they're there.
I have no objections to a White Castle coming to Middletown or Rt 36 just as long as it isn't at this proposed location. The lot is too small and there is a school less than 50 yards away. It's not a safe design plan or location.
There is affordable housing on Rt. 36 in Navesink. 180 units built on land purchased with open space funds.
There is affordable housing built on Rt. 36 in Belford, at the corner of Rt. 36 & East Rd., formerly commercially zoned.
There is afordable housing built on Rt. 36 in Belford at the corner of Rt. 36 & Church St., formerly zoned commercial.
There is affordable housing built on Rt. 36 in North Middletown, next to the Guttenplan bakery. This, too, was commercial property.
There will be more afordable housing built on Rt. 36, right next to the VFW & a liquid propane distribution center. This was also commercial property and is also in a flood zone.
There is a lot, that is still commercially zoned, right next the the Road Runner driveway coating company that would be ideal for a White Castle. It is even on the right side of the highway to catch the out of town visitors on their way home from the beach.
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