TOWNSHIP OF WASHINGTON—A Superior Court judge in Bergen County has set a March 28, 2024 trial date for a lawsuit filed by 660 Pascack Realty LLC against the township’s Zoning Board of Adjustment for denial of its application to build a 17,100 square-foot “Four Seasons Marketplace” at Pascack Road and Washington Avenue.
On Oct. 23, Superior Court Judge Christine A. Farrington issued a six-point case management order to attorney Bruce Whitaker, representing 660 Pascack Realty LLC, and Louis Lamatina, representing the ZBA.
The case management order requires:
- Plaintiff shall provide hard copies of all transcripts of proceedings before the Zoning Board of Adjustment within seven days of this order
- Plaintiff’s brief shall be filed on or before Feb. 2, 2024
- Defendant’s brief shall be filed on or before March 4, 2024
- Plaintiff’s reply shall be filed on or before March 18, 2024
- Trial de novo to be held March 28, 2024 at 11 a.m.
- No provisions of this order may be changed except by order of the court.
The civil action was filed Aug. 7 by Whitaker for 660 Pascack Realty LLC, which owns 660–682 Pascack Road and alleges the ZBA acted arbitrarily, capriciously and unreasonably.
The proposed site, Block 2110, lots 6 through 11, comprises 2.46 acres, and occupied by five houses, three of which were vacant and in disrepair for a decade. The three vacant homes were razed in late August.
660 Pascack Realty LLC’s complaint
“The actions and decisions of the Township’s Zoning Board of Adjustment relative to plaintiff’s request for variance relief together with preliminary and final site plan approval and soil movement approval were arbitrary, capricious and unreasonable and therefore should be declared invalid and should be set aside and reversed,” reads the first count of the four court Superior Court civil complaint filed by applicant attorney Bruce Whitaker, of McDonnell & Whitaker, Ramsey.
The complaint notes the board’s denial “was contrary to the sufficient proof provided by the Plaintiff’s expert witnesses to justify the use variances and related bulk variances and waiver requests.”
The second count cited in the complaint charges the Zoning Board’s procedure in denying the application “is contrary to the proper procedures to be employed by a Zoning Board of Adjustment for rendering a decision.”
The third count charges that the memorializing resolution that was adopted “is not based upon the proofs provided. The resolution adopted is not based upon the record that was established by the Plaintiff.”
Count four alleges “Board members’ actions and the resolution itself contradicts the proofs that were admitted which were not contradicted by any of the Board’s professionals. The board’s decision lacks any foundation or basis for a denial, and constitutes an arbitrary, capricious and unreasonable action.”
The civil complaint contains 28 pages of attachments, including the memorializing resolution approved on June 20. That resolution is on the Zoning Board’s website.
After six hearings over seven months, the ZBA voted, 6-1 on May 16 to reject the Four Seasons Marketplace proposal for a 17,100-square-foot retail shopping plaza at 660–682 Pascack.
The applicant, 660 Pascack Realty LLC, majority owned by Seasons Catering principal James Kourgelis, applied in October 2022 for a use variance on the 2.4-acre site to construct a commercial shopping plaza with two buildings holding up to 11 shops and a restaurant on land zoned for single-family houses.
Voting no were John Callandrillo, Anthony Capasso, Michael LaGratta, Sean Mahoney, Jeff Roberto, and Chairman Michael DeSena. Voting yes was Les Hanna.
No board member offered a public comment or explanation following their vote.
The ZBA approved a resolution of denial, 6-0, at its June 20 meeting. The 29-page document, Resolution 23-09, can be accessed in full on its website under 2023 adopted zoning board resolutions.
(“Mall would have been ‘substantial detriment’, township says,” Michael Olohan, June 26.)
In denying the application, the resolution notes the board found insufficient evidence that a use variance “would be a better planning alternative than what is permitted in the AA residential zone.”
The denial resolution noted that the relief requested by the applicant could not be granted “without substantial detriment to the public good and without substantially impairing the intent and purpose of the Zoning Ordinance.”A Superior Court judge in Bergen County has set a March 28, 2024 trial date for a suit snubbed 660 Pascack Realty LLC filed against the township’s zoning board.