Some object to sale of city parcels to developer Unger votes no on sale of lower Bwy. parcels BY CHRISTINE VARNO Staff Writer LONG BRANCH - City Councilman Brian Unger stood alone last week when he voted against the sale of city-owned properties to the redeveloper of the downtown Broadway zone. Despite Unger's no vote at the Jan. 23 council meeting, Resolution 10-07 was adopted after four council members voted to authorize the conveyance of seven city-owned parcels of land to redeveloper Broadway Arts Center (BAC) LLC. Although Unger offered no comment at the meeting to support his no vote on the resolution, he did voice an objection to another redevelopment project in the city. "I hope [state Public Advocate] Ronald Chen's brief succeeds in court," Unger said, referring to the amicus brief filed in support of residents in the Beachfront North, phase II redevelopment zone, known as MTOTSA. Members of the MTOTSA alliance are currently appealing a state Superior Court decision that said the city has the legal right to take their homes through eminent domain and proceed with a redevelopment project. "I hope [Chen's brief] helps overturn the case in the courts," Unger said. Prior to the vote on the Broadway resolution, several residents asked Council to hold off on passing it. "It is inappropriate and untimely to consider this resolution at this time," said Kevin Brown who resides in the Broadway redevelopment zone. Brown, who has been trying to establish a place of worship at the property he owns at 162 Broadway, along with Paul and Kavita Panday, who operate Rainbow Liquors at 141 Broadway, are currently challenging the city's right to take their property. Brown and Panday are being represented by Attorney Michael Kasanoff. According to Kasanoff, Dr. Carlos Rivera, who also owns property at 9 Memorial Parkway, has joined the suit. "[The city and the redevelopers] has not completed all the negotiations," Brown said. "They do not have all the parcels in the zone." A case management conference for the lawsuit in the Superior Court Law Division before Judge Lawrence Lawson is scheduled to be held Feb. 28, according to Brown. "They should have to acquire all the property in the zone first," Brown said in an interview after the council meeting. "The last transaction should be the city-owned property." Another resident said passing the resolution would be rash. "There are properties that are fighting you," said Michelle Bobrow, whose home on Ocean Boulevard is in the Beachfront South redevelopment zone. "It is not concluded," she said, adding, "It is totally wrong." According to Long Branch Tax Assessor William Fitzpatrick, all seven parcels of land being conveyed to the developer are either parking lots or vacant land. According to the resolution, the redevelopment agreement between the city and the developer provides that BAC is required to purchase certain city-owned properties at fair market value. But Brown said his concerns about the resolution were two-fold. Brown said currently his business and other businesses in the zone use the city-owned parking lots for customer parking. "They are giving away properties we need," he said. "It is going to adversely affect the value of the so-called holdouts' property. We need that property to function. "The developers could put up a gate now, we don't know," Brown said, adding, "Then we will have no access." Another issue is the property assessments on the city-owned parcels. "When assessors assess my property or anyone's property, we counter it with our own appraisal," Brown said. "Usually, [the city's] appraisal comes in low and ours comes in higher and then we meet somewhere in between. "Who is going to appraise these properties for the taxpayers?" Brown asked. According to the resolution, the city approved the Oceanfront-Broadway Redevelopment plan in May 1996. The redevelopment plan includes the redevelopment of the two-block zone that extends from Second to Memorial Avenues and from Union Avenue to the north and Belmont Avenue to the south. BAC plans to raze the properties in the 9-acre zone and develop an estimated $180 million project to be anchored by two performing art theaters. Principals in BAC are members of the Katz, Siperstein and Pereira families.