Broadway arts project approved by planners Plan faces court challenge by dissident property owners BY CHRISTINE VARNO Staff Writer Rendering of the Broadway arts district. LONG BRANCH - - The developer of the downtown Broadway arts sector is expected to break ground on the first phase of the mixed-use arts and entertainment project this fall. The city's Planning Board granted final site plan approval for the project to developer Broadway Arts Center (BAC), voting unanimously 6-0 at the June 19 meeting. "The next step is to begin our construction designs and start signing leases with the rental tenants that we have been talking with for the past 18 months," said BAC Principal Todd Katz after the meeting. "We plan to start demolition in the fall and begin construction after the new year. The first phase is scheduled to open at the end of spring - beginning of summer 2009." Although Katz said the redevelopment project includes national and regional retailers and restaurants, the names of the potential tenants will not be released until after contracts have been signed, he said. "We do have over 600 names on our VIP list of people who want to become a part of this project and live in the area," Katz said. "We are moving ahead now." Plans for the project call for BAC to develop the two-block downtown Broadway redevelopment zone, which extends from Second Avenue to Memorial Parkway and from Union Avenue to the north and Belmont Avenue to the south, bisected by Broadway. Principals in BAC are the Katz and Siperstein families, whose members are principals in the Siperstein's chain, and the Pereira family, which owns Pax Construction in Long Branch. The properties currently in the 8.9-acre zone are scheduled to be razed, with the exception of two performing arts venues, to make way for the residential, retail and arts and entertainment project. The two theaters will be renovated and incorporated into the project, according to the application. The project is broken down into three phases, with the approved first phase calling for the construction of commercial and retail areas as well as live/work units and parking. The first phase will consist of 77,000 square feet of commercial space, 41 office spaces, 641 parking stalls and 138 live/work units, according to the testimony of engineer Eric R. Ballou at the meeting. Plans include new five-story structures of variable heights fronting Broadway, with retail units at ground level and office and live/work units above, according to the application. According to Katz, BAC has acquired 90 percent of the properties in the zone. The developers have acquired some 44 of the 48 properties in the zone, according to Katz, who said BAC is continuing to negotiate with the remaining four property owners that have not sold. The property owner holdouts include the Rev. Kevin Brown, who has been trying to establish a place of worship at the property he lives in and owns on Broadway. Brown said at the meeting that he is opposed to the redevelopment project. "There are challenges to the [city's] 1996 redevelopment plan," Brown said, referring to a group of homeowners in the Marine Terrace, Ocean Terrace and Seaview Avenue neighborhood known as MTOTSA. Those property owners have formed an alliance and are currently challenging the city's right to condemn their oceanfront neighborhood to redevelop the area as a luxury condominium project. "Your approval tonight is based on certain requirements," Brown said. Currently Brown, along with Paul and Kavita Panday, who operate Rainbow Liquors on Broadway, are challenging the taking in court. Brown and the Pandays are being represented by attorney Michael Kasanoff. According to Kasanoff, Dr. Carlos Riviera, who also owns property on Memorial Parkway in the zone, has joined the suit. "If the [1996] plan itself is found unconstitutional, is [the BAC] plan going to get struck?" Brown asked at the meeting. "Absolutely," replied board attorney Martin Arbus. "A court is going to make a determination. If you are successful, there is a good chance this will not go through." Belmont Avenue resident James Keelen also contested the redevelopment plan at the meeting. "When I arrived in Long Branch in 1991, I was assured that I would have substantial parking," said Keelen, who owns a home and a bus company business on Belmont Avenue. "With this project, my parking lot of 50 to 60 spaces would be gone," Keelen said. "I am going to lose my parking lot and I am very concerned about it." Board member Kevin Hayes replied that the parking lot in question is owned by the municipality and not by Keelen. "Your concern is that you enjoy the use of a municipal parking lot," Hayes said, asking if Keelen had proof of an agreement with the city for exclusive use of the lot. "I have proof," Keelen replied. BAC attorney Anne Babineau said the parking lot is one of the city-owned parcels conveyed to the developer. "From the redevelopment perspective," Babineau said, "we are to implement the redevelopment plan. "There will be some public parking. We are still working on the parking management plan." The three phases of the BAC project call for construction of 138,000 square feet of commercial space, 543 residential and live/work units, 41 office spaces and 1,700 parking stalls, according to Ballou. Of the 543 residential units, 341 units are slated to be market-rate, 100 units for affordable housing and 102 units dedicated as live/work units. The second phase of the project calls for the construction of three parking decks to contain a total of 500 spaces and the third phase will entail construction on the corners of the project at Memorial Parkway and Liberty Street.