Eminent domain will not be used in BFS
Residents, city officials to meet to discuss neighborhood zone
BY CHRISTINE VARNO Staff Writer

It has been described as a dark cloud looming over a Long Branch beachfront neighborhood, but now with eminent domain off the table, some Beachfront South residents say they are hopeful that they can work with the city on future plans for their neighborhood.

Mayor Adam Schneider and a majority of the City Council have pledged that eminent domain will not be used to seize homes in the Beachfront South redevelopment zone in the wake of developers K. Hovnanian pulling out of a multimilliondollar redevelopment project in the zone.

The next step for Beachfront South residents is to come together with a plan for the neighborhood and sit at the table with city officials to brainstorm, Ocean Boulevard resident Harold Bobrow said.

"I think it is a good first step," Bobrow said. "I think they should remove the redevelopment zone designation completely, so that everyone can move on and be free from the whole thing.

"But the mayor has agreed to get together with Beachfront South homeowners and renters, and we can all sit down and brainstorm and come up with an idea that is a win-win-win," he said.

Schneider explained that there are a number of reasons the developers pulled out of the project, citing that the main reason is the current economic crisis the state and country are currently facing.

Doug Fenichel, the director of public relations and communications for K. Hovnanian, said Monday, "We are in the final stages of amicably ending the Beachfront South redevelopment plan."

He said he will not further comment until an agreement is finalized with the city.

Although Schneider promises not to use eminent domain in Beachfront South, he said removing the redevelopment zone status at this time would be premature.

"We will not use eminent domain, but taking it out of the redevelopment zone right now — I don't think it is a good idea.

"We need to decide what would be appropriate [for the neighborhood]," he said. "Let's spend some time thinking about that."

He continued, "If you take eminent domain off the table, then people can sell their properties to a third party if they want without the threat of eminent domain.

"What is more important right now is to decide what is going to be allowed there and how it is going to be controlled," Schneider said.

Several residents still question the fate of the Beachfront South area as long as it is designated a redevelopment zone.

"What if another developer comes in," Bobrow asked. "The [city] can come back and say we are going to use eminent domain. But I will take the mayor and the council for their words that they will not use eminent domain as long as they are in control of the situation."

But Bobrow did agree with Schneider that removing the designation without a plan could lead to "helter-skelter" redevelopment.

City resident Denise Hoagland, who lives in the Beachfront North, phase II redevelopment zone, questioned the mayor's "promise" not use eminent domain in Beachfront South.

"To me, this means that yes, eminent domain can and possibly will be used in the redevelopment zone in Beachfront South," said Hoagland, who, along with her neighbors, is involved in a lawsuit challenging the city's use of eminent domain in their neighborhood, known as MTOTSA.

City Attorney James Aaron explained at the meeting that eminent domain cannot be used until or unless an ordinance is in place to take the properties.

"So, yes, in all actuality, eminent domain can be used in Beachfront South if a developer comes in," Hoagland said.

Hoagland also criticized the mayor for saying that "he" will not use eminent domain.

"How you can put out there that you are not going to use eminent domain when for the past five years, you have said these five people [council] vote and these five people make the decision," Hoagland said.

As for Bobrow and his wife, Michelle, they want to see the redevelopment designation removed but are eager to have input in future plans for their neighborhood.

"Even though the mayor promises not to use eminent domain, we are still living under the threat of eminent domain with the redevelopment designation," Michelle Bobrow said.

"I urge you to consider removing the redevelopment designation," she said to council at the Oct. 14 public meeting.

Councilman Brian Unger said at the meeting that he was not consulted about Hovnanian pulling out of the project, or the mayor and council's decision to not use eminent domain in the neighborhood.

"I made no such decision," Unger said. "I read about it in the paper. Was there a glitch that I wasn't informed?"

Schneider replied, "You kick back all my e-mails, so I don't send them anymore."

Unger said he agrees with the Bobrows that the redevelopment status should be removed from the Beachfront South area.

"There are at least three property owners [in Beachfront South] who can't afford the $30,000 a year in property taxes," Unger said. "We need to relieve the tax burden on these people."

Harold Bobrow said that he is in the process of gathering Beachfront South homeowners and renters together who are interested in meeting and sitting down with the city to discuss ideas for the neighborhood.

Any residents of Beachfront South who are interested in discussing plans for the zone and meeting with the city can reach the Bobrows at 295 Ocean Boulevard, unit 5.

"We all need to sit down and brainstorm," Harold Bobrow said. "I believe a great deal of positive action comes out of brainstorming. Now that Hovnanian has pulled out, now is the time to sit down and come up with a plan.

"You don't want people coming in here who don't care about the neighborhood or about Long Branch."

Bobrow continued, "Beachfront South can be made into an extremely positive area. Now is the time to get a plan and a goal that is good for everyone.

"We are going to use every expert we find to make this a viable situation," he said. "I think we are on the same page and something really good could be accomplished by working together."

K. Hovnanian was planning to raze the 12-acre Beachfront South zone that extends from Bath to Morris avenues, between Ocean Boulevard and Ocean Avenue. Plans called for 350 luxury condominiums to be built throughout five midrise buildings at the site.

The developers paid the city $2.5 million upon the signing of the redeveloper's agreement. The city will be keeping $850,000 of the down payment, as well as engineering plans for the boardwalk.

Hovnanian's contract with the city called for the developers to construct an estimated $10 million-$12 million boardwalk as part of the Beachfront South project.

The city will keep the plans for the boardwalk, but the project is on hold until the city finds financing opportunities, according to Schneider.

A resolution finalizing K. Hovnanian's withdrawal from the project is expected to appear on the agenda at the Oct. 28 council meeting.

Aaron is looking into whether an ordinance had been passed by the council to authorize the use of eminent domain in the Beachfront South area, Schneider said.

If one was passed, another ordinance will appear on a future council agenda to undo it, Schneider added.