Hazlet's clash with developer continues

By TERRY GAUTHIER MUESSIG • STAFF WRITER • September 21, 2010

The Township Committee is continuing its battle to stop a developer from building up to 52 townhouses on Poole Avenue.

The committee is expected to discuss the dispute during its meeting at 8 p.m. tonight.

For almost four years, the township has been in court appeals to stop Sea Bright-based Elegant Properties from building townhouses on 4.5 acres of property. The site is situated between a single-family home on Poole Avenue and Walgreens on Route 36.

To date, the township has spent almost $100,000.

"This (the lawsuits) has never gone to trial," township attorney James Gorman said.

However, Jeff Tiger, an owner of Elegant Properties, said the township's decision to continue the lawsuits was "troubling."

"The township continues to spend taxpayers' money, and the results have not changed," Tiger said. In fact, the amount of townhouses the developer wants to build at the site has increased by double digits.

The developer's original plan was to build 27 townshouses at the site. When that plan was denied, the developer resubmitted a plan to build 11 single-family homes. And, although that plan was approved, the builder, again, resubmitted a plan to build 26 townhouses at the site.

Then, in March 2008 the builder filed a "builder's remedy" lawsuit to be allowed to proceed with a housing project on that site. The suit proceeded because the township was not protected under affordable housing regulations.

By July 2008, Superior Court Judge Lawrence M. Lawson ordered court-appointed Special Master Elizabeth C. McKenzie to work with the township and the developer to correct the township's affordable housing ordinance.

Within a year, McKenzie had deemed the site was suitable for 52 units, including 10 affordable housing units.

However, Tiger said the company would build 48 units rather than the 52 units.

"We will continue to fight any litigation, vigorously," Tiger said.

Terry Gauthier Muessig: 908-618-8795; terrygm@app.com