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Here
is more of the same from our 'favorite' developer...
New Bruns. development
is delayed
Loews' parent company sues city, Planning
Board
Home News Tribune Online 09/27/07
By RICHARD KHAVKINE: STAFF WRITER rkhavkine@thnt.co
NEW BRUNSWICK — A solitary jogger ran the length
of the Loews parking lot off Route 1 under Thursday's
afternoon sun.
But for a thick canopy of trees hard by the theater
complex's westernmost boundary, he would have had
a clear view of the Raritan River below.
And, according to redevelopment plans for the sprawling
23-acre site unveiled two years ago this week, the
jogger should by now have had an unobstructed sightline
to the river, Donaldson Park across the river in
Highland Park, and beyond.
But the timeline for Raritan Heights, a proposed
development of more than 400 luxury condominium units
and about 40,000 square feet of retail space, was
set askew by a lawsuit initiated 14 months ago by
the theater's parent company, AMC Entertainment.
The suit seeks to invalidate the city's June 2006
designation of the site, excluding the theater and
a parking lot overlooking Route 1, as an area in
need of redevelopment.
The suit names 19 US Highway 1 LLC, which is associated
with Piscataway-based Edgewood Properties; the New
Brunswick City Council; and the city's Planning Board
as defendants.
According to initial plans, made public in 2005 by
Mayor Jim Cahill and Edgewood's principal owner,
Jack Morris, Raritan Heights would have welcomed
its first tenants this past summer.
But the theater company, claiming that its business
interests and property rights were infringed by the
designation, sued, putting the project on hold.
The theater opened in 1996,
having secured a 20-year lease and five 5-year
options from the site's previous
owner, Sheldon Elizabeth & Co, whose plans for
additional retail nearby never materialized. The
theater pays an annual rent of about $1 million.
Included in the lease was a
provision that precluded the site's owner from
building north of a so-called "no-build
line," which extends from just south of the
18-screen theater complex, without the theater's
approval. The theater's parent company considered
that restriction "an important bargained-for
consideration" when it signed the lease, the
suit contends.
But, according to conceptual drawings, some portions
of Raritan Heights, including condominiums and a
five-deck residential garage, would extend north
of the line and into the theater's rear parking lot.
The developer, though, would replace those lost parking
spaces with a 302-space, three-deck garage on the
slice of property nearest the Donald Goodkind Bridge.
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The
suit also contends that the city's redevelopment designation
did not follow a thorough investigation or statutory
protocols but was instead based on "assumptions
and anecdotal information."
The two sides, through their attorneys,
are attempting to resolve the issue before the suit
goes to trial in Middlesex County Superior Court early
next year.
The
parties are said to be close to an agreement. Citing
the sensitivity of negotiations, though, attorneys
for both sides declined to speak in detail about the
discussions.
"There's litigation, and the parties
are trying to address the issues," an attorney
representing the 19 US Highway 1 corporation, Robert
Beckelman, said Thursday. Beckelman, though, added
that he believed the discussions were "fruitful."
Robert J. Inglima Jr., who represents
the theater company, echoed his counterpart in declining
to address details.
But should the parties not arrive at
a resolution before early 2008, when the suit is scheduled
to be heard, a state Supreme Court decision this year
could have some bearing on the outcome.
The
court's ruling invalidated municipalities' ability
to seize property through eminent domain simply because
land was deemed "not fully productive." The
court also ruled that authorities must instead meet
a strict definition of blight.
While Morris still owns the property
he purchased for nearly $15 million in July 2004, the
city's action could still be subject to the mid-June
ruling. The Planning Board report that led to the redevelopment
designation cited "a lack of proper utilization
of the area resulting in a stagnant and unproductive
condition of the land."
Other than the 18-screen theater, Famous
Dave's Barbeque restaurant is the only other business
on the tract. Famous Dave's would be relocated to a
new building on the property, according to conceptual
plans.
Designating the site in need of redevelopment
ostensibly gave the city increased control over the
project, city officials said.
While the board already has amended
the tract's zoning to allow for Raritan Heights' mixed
use components, Edgewood still must meet requisite
approvals from the city's Planning Board.
Since Raritan Heights would be built
in a designated urban enterprise zone, Edgewood — which
has built several residential and commercial developments
in the city, including the Fulton Square town-house
development and the Brunswick Town Center at Jersey
Avenue and Handy Street — would be eligible for
a tax abatement. But Edgewood has been a good partner
as the city moves forward with its redevelopment plans,
city spokesman Bill Bray said this week.
"They do what they say they are
going to do," Bray said. "Edgewood is swinging
hammers in the city as we speak. When you have a developer
who performs you want to continue working with that
developer. The goal is to get the development project
done." |
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Petition
urges new boundaries for building near Lawrence Brook
Tuesday,
September
11,
2007
BY
NAWAL
QAROONI
Star-Ledger
Staff
A group of Milltown activists are petitioning state environmental
protection officials to reclassify the Lawrence Brook as a Category
One waterway, which would provide further safeguards for the Raritan
River tributary.
Milltowners for a Sensible Ford Avenue Redevelopment collected
signatures of nearly 700 people who hope to change the brook's
classification, forcing all development to move between 150 to
300 feet away from the water line instead of the usual 50 foot
buffer.
The petition is slated to be sent to the state Department of
Environmental Protection by the end of the month.
"Almost everyone we talked to say they want to protect
the drinking water and the fish," said Charles Jegou, president
of the group. "The residents of central New Jersey are surprised
this already hasn't happened."
The tributary, which runs about 20 miles long,
is a public water supply for the residents
of Milltown, New Brunswick, North Brunswick,
and Franklin Township in Somerset County through the New Brunswick
Water Utility. It has been used as drinking water since the 1860s.
Signers of the petition-- largely Milltown residents-- say development
near the water would cause harmful substances to seep in from
parked cars or excess construction. A variety of animals depend
on the water for survival, and fishermen frequent it throughout
the year.
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The
group's petition is supported by the borough's environmental
commission, the Lawrence Brook Watershed Partnership
and the Edison Wetlands Association.
In the past, concerned residents
have sent letters to the DEP about the designation
upgrade and received denials. "Rarely
does a day go by that people are not fishing in the Mill
Pond or Lawrence Brook-- a rare occurrence in Central
New Jersey today," said one letter to the DEP, written
by resident Ralph Miller. "Unquestionably, this
watershed is an irreplaceable asset."
Leslie McGeorge, administrator at the DEP, responded
to another resident-- Lois Schmidt's-- letter a month
ago.
"Upgrades to the anti-degradation designation
are accomplished through rulemaking. Lawrence Brook
and Mill Pond were not included in May 2007 proposal
for Category One designation," the letter stated. "Therefore,
these waters can not be upgraded at this time."
But Michael Shakarjan, vice chair of the borough's
environmental commission, said those who care about
clean water still have hope.
"At this stage, we see improved designation of
the waterway as simply a no-brainer, and any other
outcome would be just plain irresponsible," Shakarjan
said. "Those of us with a drinking water glass
in our hand know this makes the most sense."
Nawal Qarooni may be reached at nqarooni@starledger.com
or (732) 404-8082. |
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There's
a better way to save farmland
Home News Tribune Online 05/6/07
An
Appellate
Court
gave
the
state
an
important
tool
for
preserving
the
state's
farming industry last week when it unanimously ruled that New Jersey
need not match developers dollar for dollar when it tries to buy temporarily
protected
farmland. The court said farmers in the state's
temporary protection program — which
gives farmers access to state grants in return for voluntarily agreeing not to
sell their farm for development for eight years, and which gives the state the
right of first refusal if the farmer does sell within that time frame — must
sell his land to the state if the state's offer is "substantially similar" to
the developers'.
Click here for Home News editorial |
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2007/01/18 Builder's
projects get fed scrutiny -- Subpoena
seeks Jack Morris files
JOE TYRRELL STAR-LEDGER STAFF The U.S. Attorney's Office has subpoenaed all records
of Somerville's dealings with builder Jack Morris since 2003, when the borough
chose him to undertake its showpiece redevelopment project that remains stalled.
Mayor Brian Gallagher said he is unsure of details involving the probe, but the
borough will "fully comply" and meet the Feb. 1 deadline to turn over
voluminous documents. "We'll probably just dump the files and turn them
over" rather than... |
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Home News Tribune
Online 12/9/06
By DAVID STEGON STAFF
WRITER
dstegon@thnt.com
FRANKLIN — The Democratic
members of the Township Council and the "former head
of a local political party" are accused
of colluding with developer Jack Morris on
the affordable housing plan to build 600 homes
and a Home Depot on Bennetts Lane in a complaint
filed in New Jersey Superior Court.
The
complaint accuses the former party head, who
is not named in the suit, of holding secret
meetings late last year with the Township Council
and Morris, violating the New Jersey Open Public
Meetings Act, to persuade the council to approve
Morris, a contributor to the party, as the
developer for Bennetts Lane.
"
I
think that I can prove that the council violated
the Open Public Meetings Act and therefore
this project should be voided," said Stuart
Lieberman of Princeton-based Lieberman & Blecher
P.C., who is representing Franklin Residents
Against Improper Development, a nonprofit organization
against the development. "I believe very
strongly that we can prove there was a conflict."
Louis
Rainone, the township's attorney, said the
suit, which is the third amendment to an original
lawsuit brought almost a year ago, gives no
factual evidence backing the claims.
"
The
first two amendments were thrown out by a judge,
and this one will (be) as well," Rainone
said. "Each time they presented their
case, there has been no facts but just rumors,
and they are looking for anything they can
to get this project to go away."
The
second amended complaint was thrown out two
months ago but is under appeal. Lieberman said
the third amended complaint, which was filed
last week, is beginning the legal process,
but it may have to wait for the other appeal
to run its course.
"
Each
time we go to court, the judge throws out only
some of our complaint, so we are going forward
with the parts that the judge has yet to decline," said
Doris Bennett, a member of FRAID. "We
just want people to know that this fight is
not over, and this project has not yet been
approved."
The
suit claims that on July 1, 2005, the former
head of one of the political parties ordered
members of the Township Council and Planning
Board to act for the benefit of Morris. The
party head ordered that two Planning Board
members not be reappointed to the board and
be blacklisted for not going along with the
project, the suit alleges.
One
of the council members, who was not named but
running for office, was intimidated and pressured
to vote in support of Morris to repay a political
friend, the suit said.
On
Dec. 5, 2005, all but one member of the council
attended a meeting at someone's house, and
the business of both the council and Planning
Board were discussed, specifically the affordable
housing plan, the suit said.
Mayor
Brian Levine, a Republican, said he was the
one member of the council not at the meeting.
Levine is the only Republican in an otherwise
all-Democratic council.
"
This
concerns me a lot that there was a meeting
to discuss who would be the beneficiary of
a project worth tens of millions of dollars,
and it was not in a public forum," Levine
said yesterday, "especially with a person
who has given money to their party. It's bothersome,
and it violates the Open Public Meetings Act,
and these meetings should have been aired publicly."
The
suit also claims Deputy Mayor Ellen Ritchie,
then a councilwoman, met in secret with Morris
on Dec. 5, 2005 to discuss the project. Ritchie
said yesterday she did meet with Morris, but
she did not keep it a secret and was doing
so on behalf of the people of Bennetts Lane.
"
I
was there for them to request the project be
lower density and try to work with him for
the best thing for the community," Ritchie
said. "There was no secret meeting or
anything like that. This group is grasping
at straws and frankly this suit has been going
on for more than a year. I just wish it would
go away."
Bill
Grippo, a former head of the Democratic Party,
declined to comment on the suit, saying he
is retired from local politics and focusing
on his role as a middle school principal.
David
Stegon:
(732)
565-7251
The
05/31/05 home news article is just another
example of the political manipulation and
trickery that is prevalent with the Pulda
Farm topic. No where does the article
mention the NBRAHDH lawsuit, which is still
in effect. Both the township and the builder
want you to believe that we have gone away.
Sorry to disappoint them. WE ARE STILL
HERE! No decision or settlement of concessions
has occurred. We are about 6 months away
from going to trial. The builder has every
right to build if he wants. Only thing
is,
If we win our case, he has to tear it all
down! Note the back peddling of our administration
on the cost of these units!
There are other interesting articles related
to this issue. What amazes all of us is the blatant efforts
to manipulate the political field in this town. It's out in the open,
there is no effort to even try to hid it anymore. What is even more
amazing is so many of the citizens of North Brunswick do not seem to
care?? Read some of these articles. This is all real, we could not
make up this stuff even if we tried:
Lets spend our taxpayers money for polluted
property that we cannot use:
http://nbs.gmnews.com/news/20
05/0317/Front_page/017.html
Womack is using his 'own money' to pay for a trip for our seniors. Sound like
trying to buy votes to us!:
How about this letter mailed to
everyone's home? Remember to ask
where does the money for this mailing come from??? We
especially like the line "By controlling the party, a
small group of men were able to control our town government".
Pulda Farm -We rest our case....
Democrats in Support of Open Government
Letter
from: Mayor Francis "Mac" Womack
Council President Carlo Socio Council
Vice-President Bob Davis Councilman Ralph
Andrews Councilperson Rhonda
Lyles
Dear Fellow Democrat:
There
is an important election for control of the
Democratic Party in North
Brunswick on June 7, 2005. Since there are
no presidential, gubernatorial,
mayoral, or other "glamour" races
on the ballot, the turnout will be small
and every vote will
carry great weight.
Why
is it important that you vote on June 7th?
Because this election
will select committee members to the North
Brunswick Democratic Organization (NBDO),
and it is the NBDO that controls selection
of candidates for mayor and township council.
Through this process oldfashioned party
bosses controlled North Brunswick's government
for years. Two years ago we led a movement
to reform the North Brunswick Democratic Organization
and make it an "open" organization
where candidates are selected in an open,
public process based on their ability and
their character. We believe that for too
long the North Brunswick Democratic Organization
had been a political machine. By controlling
the party, a small group of men were able
to control our town government. They collected
favors from friends while excluding all voices
of dissent.
For
the two last years, we have been true to
our promise
to make government in North Brunswick an
open, transparent process. We believe that
our Democratic
Party should be no less open and no less
responsive to residents. ANTHONY DIDOMENICO & CAROL
WOMACK stand with us in promising a political
process that remains open to all people,
not just the select few. They will work
with you,
and with us - your elected officials - to
put in place procedures and policies
ensuring
that your Democratic Party, and your elected
Democratic officials, are responsive, professional,
and accountable. Gone are the days when you
have to know a politician to get something
accomplished in North Brunswick! Thank
you
for your continued support.
Womack, Mayor Carlo Socio,
Council President
ELECT
ANTHONY DI DOMENICO & CAROL
WOMACK
DISTRICT 7 DEMOCRATIC COMMITEE
PERSONS, COLUMN' A' FOR AN OPEN DEMOCRATIC
PARTY IN NORTH BRUNSWICK POLLS ARE OPEN TUESDAY.
JUNE 7m FROM 6 AM TO 8 PM
Paid for
By Dems. For Coot. Refonn, C. Zangara, Treasur e
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July
4th, 2006
Don't let the newspapers, local politicians
or others fool you. NBRAHDH is still
around and fighting.
The Pulda farm is still growing corn. Building would have begun if our case did
not have merit. The developer does not want to restore the land to its original
state should they lose their lawsuit. Three new trustees are now in place: Khalid
Bajwa, Larry Witlen and John Calefato. The case is now progressing. Our primary
goal is to preserve this area situated on Farrington Lake as open space for the
enjoyment of current residents and generations to come. (click here to link
to our objectives.) We need your support. For questions or to receive updates
when they happen, please email Larry Witlen (lisawitlen@aol.com),
and ask to be placed on our email list.
Why
is
it
that
every
neighboring
town
to
North
Brunswick
is
constantly
adding
to
their
open
space
inventory.
Town
after
Town
are
putting
up
signs
proudly
showing
how
they
have
saved
a parcel
of
land
for
open
space.
Every
town
is
working
on
adding
open
space
EXCEPT
North
Brunswick.
What's
wrong
with
this
picture???
Here
is
yet
another
example
of
land
being
saved: http://nbs.gmnews.com/news/2005/0526/Front
_Page/002.html
Transit village fixed with Pulda Farm
Home News Tribune Online 08/29/06
The Lawrence Brook Watershed Partnership, as stewards of the
watershed, are concerned about erosion of local water quality,
fragmentation of wildlife habitat, and loss of farms, open space,
and quality of life. We endorse the tenets of smart growth and
the recommendations for their implementation, as outlined in
New Jersey Future's "4 Ways to Genuine Prosperity." As
such, our organization supports the adoption of the Transfer
of Development Rights (TDR) option to the proposed North Brunswick
Transit Village.
The proposal to build a transit village at the current Johnson & Johnson
site on Route 1 in North Brunswick has drawn a great deal of
positive interest. Benefits potentially include an integrated
transportation center within easy walking distance of residences,
commercial establishments, plus modern community and municipal
services. This great increase in convenience should reduce our
dependency upon the personal automobile and could give North
Brunswick a world-class "Smart Growth" development
that is not only a model for towns in New Jersey but throughout
the entire country.
However, one serious concern with establishing a transit village
is the large number of residential units such a plan would add
in order for it to meet approval by the state Department of Transportation.
As proposed, this project would grow the population of North
Brunswick to levels exceeding the current build-out figures.
Along with these additional residents come the obligatory increased
costs to North Brunswick taxpayers for schooling and community
services. Net benefits of a transit village would be offset by
tax implications and an over-population of the town.
Yet there is a tool available to the town that could save it
from overdevelopment and has the added benefit of economically
preserving open space and environmentally sensitive areas.
Transfer of Development Rights is an option, recently approved
by the state, that allows municipalities to move development
from one area to another where it is more desired. For instance,
housing credits in "numbers of units" may be transferred
from a remote or environmentally sensitive parcel (sending area)
to a specially designated area closer to schools, transportation,
and community services (receiving area).
Where would development rights be transferred from? Examples
in the township include the undeveloped and environmentally sensitive
lands near Farrington Lake, such as the Skaritka, Johnkin and
Pulda properties. A TDR from the Pulda Farm alone, with its approvals
for 325 age-restricted units, would certainly help the transit
village proposal win acceptance without significantly adding
population burden to the town beyond that which has already been
approved.
While there are legal and administrative complexities to successful
TDR implementation, assistance from state and nonprofit organizations,
as well as grants from the NJ TDR Bank Board, are available.
Such a transfer could help protect Farrington Lake's already
compromised ecology and save one of the last working farms in
the town. If the transit village project includes TDR, it would
go from being a microcosm of well-designed development to true
smart growth for the entire township.
Mayor Womack has taken interest in the TDR concept. We encourage
him to seriously consider its benefits and we offer whatever
assistance and support we can provide. Addition of TDR to the
current Transit Village proposal would clearly represent a win-win
opportunity for residents of North Brunswick and should be aggressively
pursued.
Alan S.Godber
President, Board of Trustees
Lawrence Brook Watershed Partnership, Inc. MILLTOWN
The final decision of the Planning Board on the Pulda Farm:
http://nbs.gmnews.com/news/
2005/0505/Front_Page/002.html
It's the evil of men and isn't of God
Home News Tribune Online 08/29/06
In response to the article from Rick Harrison in his column:
God
does not
let bad
things happen.
It's the
fault of
the people — of
the people
who do
not live
up to
his commandments
which God
asked us
to follow.
If people
lived according
to the
commandants there
would be
no greed,
lust, murder,
wars, etc.,
and we
would have
a Garden of
Eden on
Earth.
It
is not
the work
of God
when
bad things
happen,
it is
the corrupt
souls
and minds
of people
who choose
to live
by laws
of their
own making.
Therefore,
Rick
Harrison,
let your
conscience
be your
guide.
God gave
us a
perfect
world
but mankind
is bent
on destroying
it. That
is where
you should
place
the blame.
Ann
Czok
EAST
BRUNSWICK
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NBRAHDH: North Brunswick Residents Against
High Density Housing
check back for updates
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