Neighbors Oppose 24-Unit Apartment Complex In Berkeley

BERKELEY, NJ — Neighbors gathered in a packed town hall to voice their opposition to a proposed development that would put a 24-unit apartment complex on Tallwood Way.

Developers came before the Berkeley Township Zoning Board of Adjustment Wednesday night to seek a use variance for the project. The complex itself was not up for discussion yet - rather, they needed the board's approval to subdivide the existing property and put the apartments on one half of the property.

The oddly-shaped property is split between the business zone and the residential zone. However, it's not zoned for multi-family dwellings. Developers were hoping that the board would approve a variance that would allow for apartments to be built on the property.

Representatives of La Pierre, LLC, the group seeking to build on the property, argued that an apartment complex would be an appropriate choice for the property. The project's engineer said that "this part of town is really devoid" of similar housing, and that an apartment complex would better fit the area instead of several single family houses.

But the variance was ultimately rejected, following a public comment session where several residents spoke out. Three "no" votes from the board meant that the proposal had failed before everyone even had the chance to vote.

Neighbors were concerned that existing drainage issues would be exacerbated by the development. Chairman Richard Elliott agreed with this concern but noted that would be addressed later on at a site plan review. This would be a long process, especially as the use variance was denied.

After a variance denial, developers have the opportunity to appeal the decision to the Superior Court of New Jersey. This is a process that will take at least several months.

Elliott told residents that the zoning board does their best to support the town but that land use law overrules everything else.

"Every time we go to court, we lose, because the laws that we have here, our ordinances, our people's hearts, the people that care about things, they're not recognized when they get to the upper courts," Elliott said. "The upper courts go strictly by land use law."

"We try the best we can with what we have," he said.