Hotel Plan Hearing Halted By Lawsuit Challenging Brick Planning Board's Authority

(Brick Township Planning Board attorney Harold Hensel explains a lawsuit brought that opposes the Ocean Pointe project. Credit: Karen Wall)

The Brick Township Planning Board suspended action on an application that proposes to build a hotel and retail complex near Route 88 and Jack Martin Boulevard, after an attorney for one person who opposes the project filed a lawsuit challenging the board’s jurisdiction over the application.

The application for a project called Ocean Pointe would include a 103-room extended-stay hotel, two strip malls and 66 apartments above those sites, as well as an additional retail space, would be built by Kamson Corporation on the triangle of land bounded by Jack Martin Boulevard, Route 88 and Burrsville Road.

The meeting Wednesday night was jammed with residents who oppose the project for a variety of reasons from added traffic to the additional retail space and concerns about the ability of the hotel to actually attract tourists and business travelers.

The property is in a hospital support zone, that also has a mixed-use overlay. Howard Hensel, the Planning Board attorney, said the hospital support zone imposes certain requirements on a site plan, while the mixed-use overlay imposes other bulk requirements.

Ron Gasiorowski, the attorney for one person opposing Kamson’s application, filed suit on Wednesday, saying the application is not in conformity with a mixed-use overlay, and that the variances sought mean the plan should instead be before the Board of Adjustment, Hensel said.

“I would ask the board not continue with proceedings until the litigation is settled,” Hensel said, because the Planning Board is named as a defendent in the suit. “Ultimately a judge will tell us whether we can proceed.”

Hensel said the lawsuit is not one seeking monetary damages, but simply seeks a determination of where the application should be heard.

How long it will take to settle the jurisdiction issue is unclear. Hensel said it would likely take a few months.

If the judge determines the project should be heard by the Board of Adjustment, the zoning board would be starting from scratch, officials said. Additionally, approving the application would require a supermajority vote -- three-quarters of the board -- to approve the project.

Testimony before the Planning Board will be preserved, board chairman Michael Troncone said, and if the judge rules the project can go forward before the Planning Board, it will pick up where they left off.

If the judge rules the Planning Board has jurisdiction, the Kamson Corporation would be required to send notices to those 200 feet from the project as well as publish a notice about the hearing date.

“We do not agree with the substance of the argument,” said Marc Policastro, the attorney for Kamson. He then asked township officials for their opinion on where the jurisdiction for the application lies, which officials declined to offer.

Policastro said Kamson would agree to a 30-day delay while the board responds to the litigation.

Edward F. Liston, an attorney who represents another person opposed to the project, called a 30-day delay “pitifully inadequate,” just because it will take much of that time for the legal back-and-forth to be conducted, and there is no guarantee that a judge will hear the case in that length of time.

“For Mr. Policastro to say we’ll give you 30 days is disingenuous,” he said.

The board agreed to delay action until a judge decided jurisdiction.