Development hits roadblock at Long Branch right of way

Park Avenue Estates
asks council to vacate claim on use of land
By carolyn o’connell
Staff Writer

LINDSEY SIEGLE Jim Quinlan, an officer with the traffic bureau of the Long Branch Police Department, hangs welcome signs around the city’s business district Monday.

Councilman Anthony Giordano is in no rush to see a developer get something for nothing.

At a workshop meeting of the Long Branch City Council last month, Giordano sought an explanation for a proposed ordinance that would vacate a city right of way known as Lakeside Avenue.

After first being brought up on April 8, the ordinance was again on the agenda at the council’s April 22 meeting at the request of attorney Michael Dupont, the lawyer for the developer of the Ranch, Park Avenue Estates LLC, Ocean.

The right of way is within the 28 acres of the Ranch, also known as the Homestead, upon which the developer has received approvals for a residential subdivision.

During the April 22 meeting, Dupont and a principal of Park Avenue Estates, Jack Silverstein, met with the council to answer questions on the matter.

Silverstein said the issue of the right of way had not been raised during the Planning Board hearings when the developer received the approvals for the project.

Giordano said vacating the road would create value for the property owner.

"If the road was not vacated, then at least three lots can’t be built on," he said.

The plan approved by the city calls for the construction of 35 homes.

Dupont responded to Giordano by saying that once completed, the project will add $30 million in value to the city’s tax rolls.

Dupont said he hired the firm of Hutt and Shimanowitz to conduct a title search.

They told the developer that a portion of the right of way had been vacated in the early 1960s.

Dupont said that because "today the road does not serve as a benefit to the city," it should have properly fallen under the ownership of the developer when he bought the 28 acres.

A detailed historical narrative on the history of the title to the property consisting of 25 different exhibits is available for review at the city clerk’s office.

Council President Michael DeStefano noted that the developer has been before the Planning Board for two years, and the fact that the developer has complied with requested changes to the plans that have received approvals, should be taken into consideration.

In favor of introducing the ordinance, DeStefano said, "we are not vacating a street, only our rights to a right of way which exists on an 1890s map but is not used by the city today."

Giordano said he still does not agree and would like to see some type of compensation before the city vacates the property.

"This is an interesting position we are being put into," said Dupont. "That we are asked to justify why we should give you [the city] something for what we own."

The city’s attorney, James Aaron of Ansell Zaro Grimm and Aaron, Ocean, (not present at the workshop), and the city’s engineer, Gerry Freda of Birdsall Engineering, were asked to review the matter, and they certified that the documents are complete.

The cost of the review by city professionals is to be paid prior to the adoption of the ordinance by the developer.

The ordinance notes that other city agencies were notified of the request to vacate Lakeside Avenue and have not rejected the request. The Long Branch Sewer Authority also granted its go-ahead with the understanding that the developer will comply with final site plan approvals and that they will maintain the existing sanitary sewer system service to lots three and four of the property.

Councilwoman Mary Jane Celli, Councilman David Brown, and DeStefano had no issue with vacating the right of way, which allowed the ordinance to be introduced. Councilman John "Fazz" Zambrano was not at the meeting.

The ordinance is slated for adoption at the next council meeting on May 8.