American Properties Sues Middletown To Overturn Taylor Lane Denial

Interesting article in this week's Independent concerning the proposed Taylor Lane housing development that was turned down by the Middletown Planning Boarda few months ago.  The developer American Properties, is suing Middletown in Superior Court to overturn the ruling by the Planning Board.

After reading the article, a portion of which is printed below, I don't see how legally, Middletown has much of a leg to stand on and will surely lose in court.  Middletown's zoning process seems to be hap-hazard at times without a lot of thought placed into it.  The deficiency in the process then leads to court cases like this one which Middletown has a history of losing.

MIDDLETOWN — Iselin-based developer American Properties has sued the township of Middletown and the township Planning Board over the unanimous denial of the company’s plan to build 245 town homes on a 31-acre site. 

Citing “arbitrary, capricious or unreasonable” regulations and rulings by both bodies, American Properties is asking a state Superior Court judge to overturn the denial of its application and strike down a local ordinance cited in the decision.

The developer is also seeking a ruling on whether Taylor Lane is a public or private roadway, which could require the township to forcibly acquire any private ownership rights to the road that bisects the development site. 

Attorneys for the township and the Planning Board said no court hearings had taken place as of May 5. 

Ronald Shimanowitz, the attorney for the American Properties application and the appeal, did not return a call seeking comment. 

In the appeal, filed on Feb. 28, the developer states that the proposed development of 196 market-rate town homes and 49 affordable housing units fully complies with the township’s zoning for the vacant site. 

The Planning Board’s unanimous resolution of denial, which came after 11 lengthy Planning Board hearings spanning all of 2013, stated that Taylor Lane is a “collector road” according to local and state regulations. 

As a result, the board said the proposed development must be set back 50 feet from Taylor Lane, a two-lane road that runs south from Route 35 past a residential community. 

“The applicant’s plan is too crowded, too tight to a busy road,” read the resolution of denial. “Locating homes within 25 feet of a busy collector road is just not good planning. “
Professionals for American Properties testified that Taylor Lane is actually a local road that would require a setback of only 10 feet. The application called for a 25-foot setback. 

In the suit, American Properties officials say the Planning Board did not decide that Taylor Lane was a collector road until the 11th and final hearing for the application, and did not mention the need for a variance prior to that night.

The board’s determination was also partly based on a Middletown road ordinance that is “arbitrary, capricious, unreasonable and ambiguous” and needs to be voided, the complaint alleges. 

The ordinance, cited in the board’s denial, lays out specific criteria for a collector road, including the number of vehicles it carries, the number of lots it provides access to and whether it is “utilized by traffic other than residential in nature.” 

However, the board also recognized that the road ordinance “is not crystal clear,” referring at points to the township master plan, which does not designate Taylor Lane as either a local or collector road.

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December 18, 2013 Middletown Planning Special Board & Middletown Township Public Library Meetings

Here are a couple of videos that I had meant to post earlier in the month but due to the holidays I missed posting hem in a timely manner. Both videos are rather long and I haven't had time to review them completely. The Planning Board meeting however did receive a write-up on Middletown Patch. It was at this meeting that the Planning Board was to give final approval for or against the Taylor Lane housing development. I believe that approval of the site plan for Taylor Lane was turned down and the developer is appealing.



The Library Board of Trustees Meeting was held this same night as the Planning Board meeting. Some questions were asked about the new library budget and lively discussion was held about the purchase, rental and subsequent loss of various DVD's and audio CD's. The discussion turned somewhat petty and really was more about how the library spends its funds at year end rather than how the DVD's and CD's are borrowed. Here is a copy of the meeting agenda.

Four Ponds Appeal Will Reach Superior Court Judge February. 8

For those interested, the Independent is reporting today that the appeal of Four Ponds Developer's Avaya housing project, which was opposed by the Lincroft Village Green Association and the citizens group SONIC and subsequently and unamiously turned down last year by Middletown's Planning Board, will be heard in Superior Court next month on February 8th.

According to the Independent:

"The township Planning Board’s denial of the Four Ponds Center Associates’ application to build 342 units at the former Avaya site in Lincroft last year is still being contested by the developer.

In 2011, Four Ponds proposed building 64 low- or moderate-income housing units at the 68-acre site, alongside 278 market-rate units.

As part of an appeal initiated by the developer after plans were unanimously rejected last June, Four Ponds will have a conference with state Superior Court Judge Paul Kapalko on Feb. 8, according to Planning Board Attorney James Gorman.

Kapalko has signed an order allowing two objectors, represented by attorney Ron Gasiorowski, to intervene in that suit, Gorman said.

The Four Ponds application, which was decided over nine Planning Board hearings spanning nearly a year, concluded with hours of testimony delivered by expert witnesses retained by Gasiorowski on behalf of local opposition.

In its official verdict, published last August, the board cited that testimony as the primary factor behind its denial.

The site on the former Avaya property where Four Ponds proposed building is part of Middletown’s affordable housing plan, which would allow 375 units on the site, including up to 75 affordable units....  "

I'm sure that the ruling by the Superior Court in this case, will have a major impact on the Heritage at Middletown development that would bring 245 multi-family units to the track of land surrounding area of Taylor Lane. Two weeks ago, area residents packed the court house to attend the January 16th meeting of the Planning Board to voice their complaints about this planned development, which is also being reported on in this weeks edition of  the Independent.

I expect that the Superior Court judge that hears the Four Ponds case will ultimately rule in their favor  which will pave the way for the housing development continue as originally planned.