Lakewood Residents Get Rude Lesson in Land Use Laws

A group of Lakewood residents who are fighting against a developer’s plans for their neighborhood are now caught in a tough position after the developer turned the tables by using existing land use laws and ordinances against them.

Residents of the area around Spruce Street and Washington Avenue recently hired a prominent land use attorney to assist them in fighting against a developer’s submitted plan to erect a childcare center on Spruce Street between Washington and Vine.

Following the pushback, the developer pulled his plans prior to a scheduled hearing at the Planning Board, choosing instead to sit down with the neighbors and try to come to an agreement.

This development has been reported as a win for the neighbors, but a Lakewood Alerts look into the matter shows that it’s anything but that.

The developer originally wanted to build homes on the land, but it would have required a number of variances. Neighbors successfully pushed back against that plan, so the developer then submitted plans to put up a childcare center. This center was fully conforming – meaning it would not have required any variances from the township.

Thus, the neighbors’ complaint that the childcare center would dramatically increase the traffic in the neighborhood may be correct, but the center fully conforms with Lakewood’s master plan, and therefore the Planning Board does not have the authority to consider the increase in traffic – the master plan already does that and still gave a childcare center approval to move forward.

So, instead of having homes with minimal traffic added, the neighbors are now facing getting a busy childcare center in their neighborhood. And despite their hiring of an attorney, the Planning Board would have no choice but to approve it.

Now the developer pulled the plan, but that’s not because he wouldn’t have gotten approval for the daycare. It’s because he would rather put houses there rather than a childcare center, because there’s a lot more money to make by putting up houses. But being that neighbors would certainly want houses rather than a daycare in their neighborhood, they are now forced to come to an agreement with him simply to avoid having a daycare put up.

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9 COMMENTS

  1. This article was written up by someone who lacks an understanding of land use laws. Both of the greedy developers’ applications are non conforming. If he comes back with that which he is entitled for in the R-40 zone, then the neighbors wouldn’t oppose him. His need for greed (here and elsewhere in Lakewood) is what’s making the residents angry with him.

  2. Developer originally tried for 8 houses where by the zone he is only allowed 1 house. Neighbours offered 2 houses like the rest of the area. He tried to ram it thru the zoning board but He got turned down in court. He now proposed a 330 kid daycare with 56 teachers. By right he is allowed a daycare however legally the board can turn it down if there isn’t enough parking or for a safety issue. He proposed 69 parking slots, 56 for teachers and 14 for droop off and pickups for 330 kids in a 45 minute time slot which would get you about 1 minute per drop of where the standard is 8 minutes per drop off. So he is basically missing about 50 parking spaces and the planning board would have every right to turn him down. Lakewood commons 400 plus residents were coming out against the application because no one wants 400 card running thru their neighbourhood. so the developer knew he was going down so he pulled the application. So your article is totally miss informed. He would have never gotten the approval and the neighbours will continue to fight any down zoning in the area. He only option now is to actually build 2 houses.

  3. The day I back down and agree to build according to the code and not stuff as much as I can into that area so I can keep making lots of money oif yenem’s cheshbon, will come NEVER. You guys want a fight, that’s ok. My pockets are deeper than yours and I have a great track record in getting my way. You can even ask Halberstam.

  4. @ the real menachem. You forgot when they caught you selling to abes kids a house for much cheaper, the town banned Abe from voting on your applications. That’s why you went to the planning board because the gig was up at the zoning board.

    • I think the members on the planning board have also become aware of some of this developer’s gimmicks. He’s “developed” quite a reputation for himself recently. Residents across town haven’t taken kindly to his rama’us. You need to pay close attention to how he works his numbers. Don’t let him pull another quick one on the Board.

  5. There are too many housing developments going up all up and down rt 70 here in.Toms River.The traffic keeps increasing as the roads cannot handle all the extra cars coming and going from these.added homes….How is all this crazy building still allowed?

  6. Spruce Street between Washington and Vine??? There is aleardy crazt traffic there. Try making a left turn from Vine to Spruce at 9:00 AM.

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