Traders’ Cove hearings come to controversial end

Councilman Acropolis, objectors accuse board
of preferential treatment
BY KARL VILACOBA
Staff Writer

FILE PHOTO A restaurant, 52 condos and other features will replace this first view of Brick for motorists entering from Mantoloking under the approved Traders’ Cove plan.

BRICK — A string of contentious hearings going back to January 2003 finally ended last week when the Zoning Board of Adjustment approved Paramount Properties’ application to redevelop the Traders’ Cove marina.

Paramount attorney Mark Troncone declined to waive the date for a decision any further, and the board cast a unanimous vote after 11:30 p.m. Jan. 14.

Save Barnegat Bay long objected to the plan as a threat to the neighboring Edwin B. Forsythe National Wildlife Refuge and the bay’s water quality. The application was also a key political issue in the 2003 municipal elections, with all four Republican candidates coming out against it.

But in his closing arguments, Troncone urged the board to look past these objections and see the plan for what it is –– "an existing, rundown marina" that would now become an attractive gateway for those crossing the bridge into Brick.

"This is not a political decision. This has nothing to do with politics. This has to do with the law," Troncone said.

All four board members who voted on the project — John Rentschler, Harvey Langer, Thomas Leahy and Dennis Raftery –– agreed and unanimously cast votes in favor of the project. All, except for Leahy, read at least portions of their final comments on the case from prepared statements.

Board member John Rentschler said he would like to see a park there, too, but no township, county, state or federal agency expressed an interest in buying the property. He agreed with Troncone’s opinion that the development would be more attractive and cause less traffic than the types of commercial projects permitted in the property’s B-2 zone, like convenience stores and mini-malls.

Plans call for 52 luxury condos, a restaurant, public bathrooms and a revamped marina to be built on the 11.5-acre property. The existing docks will be renovated to provide 152 public-use boat slips, 36 more for condo residents and another five for restaurant customers. The applicant hopes to buy a liquor license from the township and operate an upscale seafood restaurant on the waterfront.

A few changes to the site plan were detailed. The easternmost tip of the hook-shaped property will be dedicated to the township as open space. A walkway will be built on this waterfront strip to connect the restaurant area to a sidewalk planned beneath the new bridge.

Paramount also agreed to pave a section of the parking lot around the restaurant and place cement dividers in the marina lot. The applicants previously planned to regrade and use the sand/gravel mix already there.

Vocal objectors

Township Council President Stephen Acropolis and Save Barnegat Bay President William deCamp Jr. criticized the board for giving preferential treatment to Paramount and denying new members a chance to vote on the case.Three board members on hand began their duties the week before the hearing, but were not given the opportunity to review the previous Traders’ Cove transcripts and cast votes. Troncone said he ordered transcripts for their review, but was not willing to waive a decision on the vote until a later date. The Jan. 14 hearing was scheduled before the new members were appointed.

"I believe that not allowing all of the members to vote is a clear indication that some of the members of this board have a preconceived disposition toward this case," Acropolis said.

"If we deny these new members the right to vote, we deny the voice of the people," Councilman Tony Matthews added.

Acropolis said the board’s refusal to memorialize its May decision to grant a use variance to Paramount — an official action which may have opened the door for Save Barnegat Bay to file a lawsuit — was done to keep the project quiet during an election cycle. Both Acropolis and deCamp said they believed the application was being hurried to avoid the activation date for a new group of state-mandated waterfront development rules.

"I think to say that you’re pushing this along is an understatement," Acropolis said.

DeCamp Jr. and a few other Save Barnegat Bay members engaged in heated exchanges with Langer and Troncone. DeCamp objected to the board’s decision to limit his questions to 10 minutes. He also said the board "took every effort to indulge the applicant" but refused to delay a vote until a night the group’s attorney, Michelle Donato, could be present.

"Don’t tell me I didn’t allow your attorney to be here — I take that as an offense. ... If your attorney walked through the door right now, I would extend to her the same courtesy as everyone else," Langer said.

"What, 10 minutes?" deCamp replied.

One member of the public, Ken Winter, owner of the nearby Winter Yacht Basin, spoke in favor of the application.

Save Barnegat Bay would "very probably" appeal the decision in court, deCamp said immediately following the hearing.

Acropolis said he would file a "friend of the court" brief if Save Barnegat Bay appeals the decision, and may ask Langer to resign his post.