Planners OK eminent domain ordinance

Planners OK eminent domain ordinance
Board backs elimination of condemnation in Beachfront South
BY KENNY WALTER Staff Writer

Long Branch came a step closer last week to taking eminent domain off the table in the next phase of its oceanfront redevelopment plan.

The Long Branch Planning Board met on Dec. 15 and reviewed a proposed ordinance that would eliminate the use of eminent domain in the Beachfront South zone and unanimously recommended that the City Council introduce the ordinance and clarify zoning regulations in the zone at its Dec. 29 meeting.

At the City Council's Dec. 8 meeting, the council referred the proposed ordinance to the Planning Board, which is required to review the ordinance because it impacts zoning issues.

Robert Beckelman, of Greenbaum, Rowe, Smith and Davis, Woodbridge, the attorney who drew up the ordinances, explained some of the background work that led up to the ordinances.

"There have been meetings with the property owners over the past year, and some of the concern is that the redevelopment plan may have been unclear with respect to some of the uses and continuation of uses.

"This ordinance does not amend the redevelopment, but clarifies what is our position already," he added. "This addresses the concerns raised by the property owners."

Assistant Planning Director Carl Turner explained why the board is recommending the ordinances be adopted.

"We are not acting on it, it is something the council will be acting on," Turner said. "But we are joined at the hip.

"If the Planning Board approves this recommendation, then it goes to the City Council and they vote on it to make it official."

Beckelman also explained how the ordinances would affect future development in the zone.

"They can continue residential uses that are already there without the threat of eminent domain," he said. "As far as forward moving redevelopment, it just clarifies what those uses would be."

With no opposition from any member of the board, Building and Development Director Kevin Hayes Sr. moved that the board refer the ordinances back to the council.

"I would move the board recommend the ordinance to be referred to City Council with our blessing and our approval," Hayes said.

The ordinances are scheduled to be introduced at the Dec. 29 council meeting and could be approved at the Jan. 12 council meeting.

Beachfront South resident Harold Bobrow, who attended the Planning Board meeting, said he is pleased with the results and is looking forward to the ordinance being presented to the City Council.

Beachfront South residents and the city administration have met multiple times in the past year, including as recently as Nov. 5, to discuss issues and try to come to an agreement about redevelopment of the zone.

A major point of contention between the city and residents has been the specter of eminent domain, a tactic used by the city to condemn properties in previous redevelopment zones.

Tensions sometimes ran high at the meetings, and many residents called for the city to adopt a measure that would ban the use of eminent

domain in the zone

prior to any agreement.

Mayor Adam Schneider told residents last August the city would not use its power of eminent domain to condemn properties for the redevelopment as it had in the MTOTSA neighborhood. He said the city would adopt an ordinance eliminating eminent domain after residents reached an agreement with the city.

"At the end of this process, there will not be eminent domain," he said at the time.

Besides the issue of eminent domain, some residents have objected to the city's designating the zone as a redevelopment zone and the restrictions that involves,

City officials have contended that keeping their neighborhood as a redevelopment zone would protect residents from intrusive development. They also contend that clarifying the language of the zoning regulations allows residents a better understanding of what they can do with their properties.

Under the amended zoning ordinance, Beachfront South would remain a redevelopment zone, which means that property owners would be restricted from seeking use variances for any improvements.

The neighborhood was designated a redevelopment zone in 1996, and the threat of eminent domain has been a possibility since.

The Beachfront South zone extends from Bath to Morris avenues, between Ocean Boulevard and Ocean Avenue, and is one of the city's six redevelopment zones. Other zones include Beachfront North Phase II, Beachfront North Phase I, Hotel Campus, Broadway-Gateway and Broadway-Corridor.

Contact Kenny Walter at kwalter@gmnews.com.