Residents lose bid to halt Monmouth expansion
Supreme Court won't revisit lower court approval for dorms
BY CHRISTINE VARNO Staff Writer

WEST LONG BRANCH - The state Supreme Court rejected a petition by a group of West Long Branch residents to overturn a lower court ruling that gave Monmouth University the go-ahead to expand its campus.

The court denied the petition of certification on Oct. 24, filed in July by some 30 members of the West Long Branch Coalition of Neighbors seeking to block the construction of another college student dormitory and related facilities.

The residents petitioned the court to look at the records of the case and grant oral arguments in the matter, according to Pinewood Avenue resident Joseph Hughes.

"This is the end of the road," said Hughes in an interview this week. "The Supreme Court usually doesn't take many [petitions of certifications] and I definitely appreciate their efforts.

"It was always our intention in forming this coalition to defend our residential zones, preserve open space and protect historical properties," Hughes added.

After losing their case in state Superior Court and then failing in the state appellate division, Hughes said the group turned to the Supreme Court to stop development of a dormitory at Monmouth University.

The residents were hoping to overturn plans that call for constructing a 196-bed dormitory residence hall at the corner of Cedar and Pinewood avenues near three existing dormitories.

"We are pleased with the decision and look forward to moving ahead with the plans approved by the West Long Branch Zoning Board," Monmouth University President Paul Gaffney II said in a prepared statement.

"Monmouth University values its partnership in the West Long Branch community. The plan for the Beechwood property will provide green space and recreational opportunities for use by West Long Branch residents and the University.

"The much-needed new residence hall will provide more on-campus housing for our current student population," Gaffney added.

The residents claimed that the potential for conflicts of interest existed with several members of the West Long Branch Zoning board who voted to approve the project.

They were asking the Supreme Court to determine whether the relationship of several of the zoning board members with the university are "personal involvements" that "might reasonably be expected to impair his or her objectivity or independence of judgment," according to the brief filed on behalf of the residents in the Supreme Court.

The residents were represented by James M. Siciliano of West Long Branch and Hughes, who is an attorney, said he assisted in preparing the brief for the case.

The conflicts charged include Zoning Board Chairman Rocco Christopher, whom the plaintiffs claim had a financial involvement by paying his daughter's tuition with the university at the time he presided over the hearings.

Another potential conflict, according to the brief, existed for board Secretary Irven Miller, who made contributions to the alumni association for the university in the past and continued to do so during the course of the hearings.

Additionally, the brief states that four members of Miller's family are graduates of Monmouth University. Miller was also once employed by the university and is a donor, according to the brief.

Further, board member Robert Springman, along with Christopher and Miller, are graduates of Monmouth University.

The Borough Zoning Board granted 5- 1 approval to Monmouth University in August 2005 to build the dormitory residence hall.

Plans also include a 21-stall parking lot, six tennis courts and a detention basin at the site of the former Kilkare Farm off Beechwood Avenue, which the university purchased to accommodate its planned expansion.

The site of the expansion lies within a residential R-22 zone.

In January 2006, the group of residents filed suit against the Zoning Board and the university, arguing the potential for conflicts and claimed that the expansion would have a detrimental effect on the quality of life in the neighborhood.

According to Hughes, the residents additionally recommended that rather than expand the university on its campus, it should construct satellite campuses.

Judge Alexander Lehrer ruled in October 2006, giving Monmouth officials the green light on the project.

The residents appealed Lehrer's decision in December 2006 and in July 2007 the Appellate Court upheld the trial court decision in favor of the project.