watch live stream here
See Agenda Here
During the meeting, you may submit written questions and/or comments via email to the following email address: planningboardcomments@lakewoodnj.gov. You must include your name and address in your submission.
PUBLIC HEARING
1. SD 2441 Fifth Point Holdings LLC
120 Massachusetts Avenue Block 445, Lot 2
Preliminary and Final Major Subdivision to create 44 lots
2. SP 2360 Yeshiva Tora Chaim
999 & 1027 Ridge Avenue Block 190 & 190.03, Lots 57 & 31
Preliminary and Final Major Site Plan for a dining hall and dormitory
5. CORRESPONDENCE
SD 1511 Block 27 Lots 46.07 and 58, Kennedy Boulevard West – request to remove
previously approved landscaping
I am on the soapbox today. I write for informational purposes.
ReplyDeleteI bought my property in 1998 protected by the township's zoning laws. This is a chazakah.
To my dismay two weeks ago I found out that the planning board approved a subdivision on my eastern line (rather than a single neighbor, now I will have two) and will relocate a public walkway so that it will abut the edge of my homestead without any setback.
N.J. Stat. § 40:55D-12 allows notice only by certified mail. I have not received certified mail since we moved onto my estate twenty years ago, even though there is always someone home. Regular mail, by contrast, is ALWAYS delivered.
I had a right to be heard.
Londoner v. Denver, 210 US 373 (1908) stands for the right to an administrative hearing particularly when a property is significantly affected. Londoner can be distinguished from Justice Holmes's opinion in Bi-Metallic Investment Co. v. State Board of Equalization, 239 U.S. 441 (1915), which affected a large number of people, any one of whom could have come forward. Returned certified mail might be good enough for people within 200 feet but not for a party with a tangible loss of property.
It is my position that the rule in Jones v. Flowers, 547 U.S. 220 (2006), that notice is not served by undelivered certified mail, applies to a resolution of a planning board.
The Jones court held that returned certified mail without also sending regular mail (or calling up or emailing the ba'al davar) is not constitutionally required notice reasonably calculated to inform a party of a pending action. Although Jones dealt with an in rem tax foreclosure (meaning the state is taking your house, hence state action), we find in Shelley v. Kraemer, 334 U.S. 1 (1948) court enforcement of discriminatory restrictive covenants (which are illegal today even if privately enforced) was considered state action, and prohibited, even when someone else is the ba'al davar, not the state "taking" your property. At any rate, NJ case law already requires due process (notice) for planning board hearings, Stewart v. Plan. Bd. of Manalapan, 334 N.J. Super. 123 (1999), but the application of Jones to planning board resolutions would be a matter of first impression.
Perhaps the land use bar and planning board members will finally realize that their reliance upon notice by certified mail is their own risk.
Good facts make good law. It is the perfect opportunity to change land-use practice for the benefit of the people of New Jersey and most particularly, the homeowners of Lakewood.
Alas, I will likely not have the chance to argue for this universal change as we will make a p'shara.
I write this so that homeowners who have not been noticed should be aware that should they go into pashara with a developer that obtained a variance without their knowledge, that their ba'al davar and his land-use lawyers DO NOT have the upper hand just because they obtained a planning board resolution if notice was attempted only by certified mail and it was returned undelivered despite N.J. Stat. § 40:55D-12. Note this has not yet been argued (a chidush).
This is for informational purposes. An attorney seeking an action in lieu of prerogative writ, or whatever cause of action to overturn a planning board resolution, would research the case law carefully and might modify or refute the argument made this comment.
Go for it. You should absolutely protest what's happened. I certainly would if I were in your position.
DeleteIt won't even reach a pshara.
DeleteThey'll call a new hearing, send you a certified letter, and approve the variance de novo.
Just a six month delay.
They always send out 'certified' that dont get delivered and remain in the post office. The neighbors typically ignore the certified postcard and then the applicant can get what they want with the UNKNOWING neighbors not aware of the negative development in the neighborhood.
ReplyDeleteAlso, why are the planning and zoning boards meetings taking place by ZOOM??! Neighboring towns are open! All the Planning and Zoning board memebers are leaving their house to work and shop but yet when it comes to the public input they cany attend a PUBLIC meeting. We need to demand form the township committee to open town hall so the PUBLIC can have input in our LAKEWOOD! Let the committee members and the mayor know it is time to open up town hall or shut down the planning and zoning meetings. email rcoles@lakewoodnj.gov , mmiller@lakewoodnj.gov; mdelia@lakewoodnj.gov; aakerman@lakewoodnj.gov
pull this shtick with the mail all the time you should demand to see the proof that it was sent.
ReplyDeleteColes is up for reelection and doesn't want public neetings prior to November. The Township building will remain closed until after the General election.
ReplyDeleteAron Lang - All the respect to you!
ReplyDeleteAnyone who posts with their real name in Lakewood deserves everyones respect.
I am ready and willing to take on the land-use bar and their developer clients. I have gone against the Department of Education, gone against the State Police (Levine v NJ State Police) and going against a whole section of the NJ bar will be my most difficult fight yet. Just take care of the arkaos problem first. Of course, please do not interpret this as a solicitation for legal service as I think it is undignified for an attorney to advertise.
ReplyDeleteIs the fire tower on Massachusets coming down
ReplyDeleteEvery store camp yeshiva shul is open but the townshship building is closed. Obviously a smart way of keeping the public away hence all the major applications brought to the boards for approval.
ReplyDeleteOne house for 44 houses. What a great deal. Legendary.
ReplyDeleteAll for the public good.. There is NO traffic in Lakewood, repeat again - There is no traffic in Lakewood.
ReplyDelete