Judge upholds zoners' vote on Monmouth U center Council, neighbors sought to overturn board's approval of expansion BY SUE MORGAN Staff Writer WEST LONG BRANCH - The borough Zoning Board of Adjustment's approval of Monmouth University's plan to construct more facilities on its campus stands, thanks to a ruling by a state Superior Court judge. On Tuesday afternoon, Judge Alexander D. Lehrer upheld the Zoning Board's August 2005 approval of the university's use variance and preliminary site plan application that calls for construction of a 196-bed dormitory and 126-stall parking lot on its campus. Sitting in Freehold, Lehrer also upheld the zoners' granting of use variances to allow construction of six tennis courts, an accompanying 21-space parking lot and a detention basin on university-owned land between Beechwood and Hollywood avenues, a tract known locally as the former Kilkare farm. Because the borough's master plan shows that the land to be used for all of the planned facilities is located in a residential zone, university officials sought the use variances for their construction. Though the governing body and several neighbors argued that the university facilities were institutional and not fitting with the area's character, Lehrer disagreed. "The established character of the neighborhood is a residential area adjoining a university campus; the proposed facilities are commonly placed in residential zones and provide an excellent nonintrusive transition," Lehrer wrote in his decision. Neither did Lehrer agree that the zoners' approval violated the master plan by placing institutional facilities in a residential zone, as some borough officials and residents have contended. "This court holds that the university's application does not violate any express provision of the variation from district regulations which is sought," Lehrer wrote. For now, Lehrer's ruling in the complex and controversial matter essentially thwarts efforts by about 100 residents living near the university and the Borough Council to overturn the zoners' approval in the name of preserving the town's master plan. Nonetheless, Joseph and Pamela Hughes, the Pinewood Avenue couple who lead the charge to appeal the zoners' decision, are now gearing up for another courtroom challenge. Reached for comment on Tuesday night, Joseph Hughes said he and his wife are putting the wheels in motion to take their complaint to the state's Appellate Division. Though he had not actually seen Lehrer's ruling yet, Hughes, an attorney, said he was aware of its implications. "We're impacted by this emotionally, but strengthened in our resolve to get this reviewed at the appellate level," said Hughes whose home sits across from the site where the 126-stall parking lot is proposed. Since the university's application first came before the Zoning Board in early 2004, Hughes has been on record as an objector and hired his own attorney, James Siciliano of Long Branch, to argue against the building plan. As president of the West Long Branch Coalition of Neighbors, a grassroots group opposed to what it has described as the university's expansion into a residential neighborhood, Hughes said he will continue to advocate for keeping the R-22-zone free of institutional uses. "I'm disappointed in the decision, but it only strengthens my resolve to fight the university on this plan," Hughes said. Meanwhile, university President Paul G. Gaffney II promised to work with neighbors as the proposal moves ahead. "We are pleased with the decision and look forward to moving ahead with the project," Gaffney said in a press statement on Tuesday. "Monmouth University values its partnership in the West Long Branch community and its role of being a good neighbor."