NJ News & Views

[Editor's Note: At the February 4, 2010 meeting of the Lakewood Township Committee, members failed to motion a vote to adopt the ordinance on second reading reported in this posting, effectively killing it. The ordinance updated the definition of housing in the township's code book, referred to as the Unified Development Ordinance (UDO).

According to attorney Jan Wouters, members of the Lakewood Planning Board proposed so many changes to the ordinance after the committee's first reading of it that the ordinance would have been substantially changed.

Wouters said the ordinance would be reintroduced for first reading at a future date he did not disclose.

Less than a week after this story was posted on NJ News & Views, the Lakewood Township code book was removed from the township Web site. No updated version was posted to replace it as of January 23, 2010.

NJ News & Views continues to support the editorial opinions expressed in this posting.]

On February 4, Lakewood committeemen will hold second reading and possible adoption of an ordinance that would update the township's code book, referred to as the Unified Development Ordinance (UDO).

After that date, anyone looking for the new ordinance in the copy of the code book posted on the township's Web site still won't find it.

The online code book was last updated May 11, 2006.

The committee has made numerous changes to it since then.

Last week, committeemen began the legislative process to change the UDO once again, but the updated version will only be available at the township clerk's office during business hours.

At the January 14 meeting of the Lakewood Township Committee, members approved first reading of the ordinance, which includes an amended definition of all housing that will be built in Lakewood under the amended Smart Growth Plan that committeemen also approved at the same meeting.

The township submitted the Smart Growth Plan as part of the state Plan Endorsement process. If approved, Plan Endorsement would enable Lakewood to increase the percentage of impervious coverage permitted on environmentally sensitive areas, including the safety zone for Lakewood Airport, a publicly-owned business in the industrial park.

Under the proposed Smart Growth Plan, the airport would be continue to be included in an industrial node, but the entire township is zoned for mixed-use development.

In 2005, Deputy Mayor Marc (Meir) Lichtenstein volunteered to serve on a subcommittee of one to investigate redeveloping the airport for a different use.

After meeting with Federal and state officials, Lichtenstein said the township would have to reimburse $10 million in Federal and state grants the township used to buy the airport in the mid 1990s if it were redeveloped for another purpose.

According to a report in the Asbury Park Press, one of those alternative uses was residential development.

All residential developments consist of dwellings, according to the township UDO.

Chapter XVIII, Article II of the revised Lakewood UDO defines a dwelling as "a building having one (1) or more rooms providing living and sanitary facilities for one (1) family including cooking or provisions for the same."

The UDO definition of a dwelling does not include trailers or campers.

"…trailers or campers as defined herein shall not be or be considered as buildings or dwellings within the scope of this chapter," the ordinance also stated.

In early 2006, committeemen adopted an ordinance that permits installation of school trailers on school construction sites with only administrative approval of the zoning officer.

Township officials have reinterpreted the ordinance after its adoption to permit business owners to install trailers maintained in any condition on non-public school property, even if it is not a construction site.

Included in the amended UDO definition of a dwelling are several classifications of housing. The revised housing classifications consist of:

a.) Garden Apartments, described as "a dwelling unit which is designed for, and occupied exclusively as, the residence of one (1) Housekeeping Unit…above or below, or adjacent to them in the same building;"

b.) Multi-Family Dwelling, described as "two (2) or more dwelling units located within a single building, with a private entrance to each dwelling unit;"

c.) Single-Family Detached Dwelling, described as "a building containing one (1) dwelling unit…not attached to any other dwelling by any means and is surrounded by open space or yards;"

d.) Townhouse, described as "a dwelling which is designed for, and occupied exclusively as, the residence of one (1) housekeeping unit…attached by means of one (1) or more common fire walls to two (2) or more other townhouse dwellings in the same building. Townhouses may not have any other dwellings above or below them within the same building."

According to the amended UDO definition of a townhouse, any unit in excess of two units will be considered a multi-family dwelling.

e.) Two-Family Dwelling, described as "a building on a single lot containing two (2) dwelling units, one unit above the other, each of which is totally separated from the other by an unpierced ceiling and floor extending from exterior-wall-to-exterior -wall, with a common stairwell exterior to both dwelling units and having separate private entrances to each dwelling unit;" and

f.) Duplex, described as "a building on a single lot containing two (2) completely side-by-side dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof with both dwelling units and having separate private entrances to each dwelling unit."

Both Duplex entrances must face the street to meet the amended UDO definition. Front-to-back dwelling units will not be considered to be a duplex under the amended definitions.

For almost two years, Lakewood developers benefited from the committee's adoption of an ordinance that failed to also redefine all classifications of housing built in the township.

In August 2008, committeemen adopted an ordinance requiring annual inspections of most properties in town that have a basement that can be rented out as an apartment. Because the 2008 ordinance did not define all housing in town affected by the inspection ordinance, Lakewood developers no longer had to apply to the Lakewood Zoning Board of Adjustment for a density variance as long as the proposed housing met certain architectural specifications and had a basement.

The state Department of Community Affairs (DCA) Division of Codes and Standards established Residential Site Improvement Standards (RSIS) under New Jersey Administrative Code Title 5, Chapter 21. Adopted January 6, 1997 and last revised on June 15, 2009, the state RSIS classifies housing into the following classifications of dwelling units:

a.) Single-Family Detached Housing, described as "any single-family detached dwelling on a single-family lot;"

b.) Townhouse, described as "attached multi-family dwelling units where the only separation between dwelling units is vertical;"

c.) Apartment, described as "a dwelling unit located within the same building with at least three other dwelling units;"

d.) Low-rise Apartment, described as "an apartment in a building that has one or two levels (floors);"

e.) Mid-rise Apartment, described as "an apartment in a building that has more than two levels (floors) and less than ten levels;"

f.) High-rise Apartment, described as "an apartment in a building with more than ten levels (floors);"

g.) Mobile Home Park, described as "generally, trailers shipped, sited, and installed on permanent foundations and in areas that typically have community facilities, such as recreation rooms, swimming pools and laundry facilities;"

h.) Retirement Community, described as "residential units similar to apartments and condominiums, usually restricted to adults or senior citizens, and located in self-contained villages. Special services, such as medical, dining and retail facilities, may be available."

i.) Recreational Home are described as "dwellings usually located in a resort containing local services and complete recreational facilities. These are often second homes used by the owner or rented on a seasonal basis."

Applications for residential development in Lakewood must meet the state's minimum RSIS. Under the township's UDO, that has not always been the case.

In 2006, Fairways resident William Hobday sued Lakewood Township, the Lakewood zoning board and Somerset Development LLC. Hobday alleged in his lawsuit that the zoning board granted so many variances and waivers to the applicant of a neighboring site that approval of the application amounted to a zoning change, which only the township committee has the legislative authority to enact.

Hobday charged that the application, filed by Managing Partner Raphael (Ralph) Zucker of Somerset Development LLC, did not meet the state's minimum RSIS.

Hobday prevailed - at his expense to litigate the case and at taxpayer expense to defend it.

Three years earlier, the Fairways Homeowners Association first sued over a similar application filed by the same applicant and also prevailed - at homeowners' expense to litigate the case and at taxpayer expense to defend it.

Under the Lakewood UDO, developers are only required to meet the minimum RSIS standards for parking, which is based on the number of bedrooms in the classified dwelling unit. Since dwelling units in most Lakewood developments now being constructed are sold or rented to families with more members than the number of bedrooms in the dwelling unit, the developments provide inadequate parking for residents.

The problem is further complicated by the growing number of investors that have purchased single-family homes throughout Lakewood and rented them out to as many tenants as possible, creating multi-home buildings in neighborhoods not zoned for them.

In 2007, Lakewood Township settled a lawsuit filed in 2006 by the Lakewood Landlords Association, a group of property owners that sought to block unscheduled inspections of single-family homes they illegally rented out as multi-family dwellings. Residents living in rental homes owned by the landlords parked their vehicles on the lawn because there was insufficient parking for all vehicles on the property driveway or street, blocking access by emergency response vehicles.

Some property owners have paved over the front lawns of rental homes in order to provide overflow parking.

The committee's failure to legislate changes to the UDO that exceed the minimum requirements of the state RSIS benefits special interests, not the public committeemen were elected to represent.

On November 25, 2009, Moshe Zev Weisberg, chairman of the Lakewood Development Corporation (LDC) posted a comment on The Lakewood Scoop that acknowledged the township was attempting to address the parking problem, but not by legislating a solution.

"(The LDC does) pay for PUBLIC parking lots in the downtown area and ‘developers’ may benefit from that along with shoppers and other stores," Weisberg wrote. "We have bought and paid for about five lots. As you may or not know, the downtown zoning allows for building without regard to providing parking (sick!). As a result both businesses and customers run into major parking issues. That is the plain and clear truth. Until that is changed – by the Township Committee – not us, we need to live with that reality."

The LDC oversees the township's Urban Enterprise Zone (UEZ) program.

Weisberg is not just a township official. He is also a member of the Vaad, a political interest group that makes endorsements for elected office. Because the Vaad can coerce a large bloc of Orthodox Jewish voters to elect endorsed candidates, the Vaad is also an influential lobby group.

In 2007, Weisberg spoke in opposition to an ordinance that would have required annual inspections of all rental properties in town - not just those with basement apartments. The ordinance would have ensured the public's safety, as well as compliance with RSIS for neighborhoods in which the rented dwelling unit was located. The annual rental inspections would have been conducted at the property owner's expense, not at taxpayer expense.

Although four of the five committeemen were either Lakewood landlords or had business relationships with Lakewood landlords, none of the committeemen abstained from voting on the ordinance, which was defeated after Weisberg publicly questioned its fairness prior to the vote.

No member of the Lakewood Township Committee has been elected to the local governing body without the Vaad's endorsement since John Franklin was elected in 1993.

Franklin stepped down before the end of his 3-year term to accept the position of Lakewood Public Works Director.

In 2006, a reporter for NJ News & Views asked Mayor Marc (Meir) Lichtenstein why he appointed so many developers, attorneys and special interests, which included members of the Vaad, to the advisory committee that made recommendations to revise the master plan and the UDO.

Lichtenstein said their appointment was intended to reduce the number of applicants that had to ask for zoning board variances to develop residential properties.

Ironically, the more housing that township developers build or redevelop under the township's Urban Enterprise Zone (UEZ) program, the more money the state will have to pay in property tax relief to new homeowners that buy them.

Local taxpayers that shop in Lakewood's UEZ will be subsidizing a larger portion of the state's cost.

According to a discussion at the December 8, 2009 LDC meeting, LDC officials pledged to dedicate half-a-cent of each 3.5 cents collected on the dollar in reduced state sales tax for property tax relief.

Last year, the state Urban Enterprise Zone Authority (UEZA), which oversees the LDC, appropriated approximately $1.8 million in project funding for past property tax relief that was not paid to the state.

According to 2009 Mayor Robert Singer, a dual office holder that also represents Lakewood as its state senator, Governor Jon Corzine said half the amount taken would be returned to the LDC.

That didn't happen, according to the December LDC discussion. Weisberg said the UEZA kept all of the money taken for property tax relief.

Although the state approved the UEZ program to bring jobs and commerce to designated municipalities, Lakewood has increasingly used UEZ funding to finance projects that reduce availability of public information to those who work.

A decade ago, the township, the LDC and the Lakewood Industrial Commission funded the first Lakewood Township Web site. In 2005, committeemen approved funding requested by Mayor Charles Cunliffe for a more active Web site, which included current and archived meeting agendas and meeting minutes for the township committee, planning and zoning boards, LDC and the industrial commission.

Last year, a new administration hired a new Web master - Ben Heinemann of BP Graphics.

Heinemann is not just a local businessman. Like Weisberg, he is also a member of the Vaad, a political interest group and lobbyist.

Heinemann's services as Web master are funded through township property taxes, the sale of township land and a reduced state sales tax collected by members of the township's UEZ.

According to documents obtained from the LDC through the Open Public Records Act (OPRA), Heinemann signed an agreement with the LDC on April 13, 2009 - after he told NJ News & Views he was already responsible for maintaining the township Web site.

For weeks after the January 1, 2009 Reorganization meeting , the Web site's monthly calendar of meetings and events was not updated. The township also stopped providing a printed copy of the monthly calendar at the municipal building reception area.

Committeeman Menashe Miller, the liaison to the Web site in 2009, did not return calls for comment.

Under terms of the agreement, BP Graphics was tasked with negotiating Web hosting services by a third party, not providing them. The cost of Web hosting services was to be paid or reimbursed by the township.

"Following review of the above-noted proposals received, it was determined that BP Graphics, Inc., 315 Fourth Street, Lakewood, NJ 08701 was deemed qualified for appointment as a vendor of the Lakewood Development Corporation to perform such services as noted above," the agreement stated.

The agreement was signed by Heinemann and Weisberg - a conflict of interest since both are government lobbyists that belong to the same political interest group.

In 2006, Heinemann proposed that the township exchange a municipal parking lot across the street from his office building, which his business had outgrown. As part of the exchange, Heinemann proposed to build a parking garage inside his new office building that the township would maintain at taxpayer cost.

Area merchants opposed the plan.

In 2007, Heinemann proposed to exchange his office building for a portion of the municipal parking lot adjacent to the municipal building on Third Street. He offered to relocate LDC offices and the Lakewood Heritage Museum to his current office building after he moved out of it. Heinemann proposed that the township build a 6-story parking garage on another portion of the municipal building parking lot adjacent to the Inspection Department, which would be connected to his new office building by a separate walkway or tunnel.

That same year, Mayor Raymond Coles signed an affidavit included with a Smart Growth Downtown Parking Solutions Grant stating that no lobbyist had influenced the township's decision to apply for the grant or stood to profit from it, even though Heinemann had given a presentation at a committee meeting to discuss his proposal to the public.

Under the proposed Smart Growth Plan adopted by the township committee, municipal offices would be relocated to the proposed Cedar Bridge Town Center and the municipal building block would be redeveloped for retail use - not necessarily additional parking since the UDO does not require downtown property owners to provide it.

Weisberg as well as Heinemann is an unregistered government lobbyist. Although Weisberg is Chairman of the LDC, he is employed as Director of the Lakewood Community Services Corporation (LCSC), which receives UEZ funding through the LDC Job Link program.

A reporter recently contacted Weisberg for comment at his place of employment. A voicemail recording identified the business as Higher Education Management, not the Lakewood Community Services Corporation.

According to Ocean County online tax records, the LCSC is headquartered in a residential property located on Carey Street that is owned by Beth Medrash Govoha, described by many sources as the world's largest rabbinical college.

Aaron Kotler, also a member of the Vaad, is Director of Beth Medrash Govoha and shares the same affiliation as Weisberg and Heinemann as associates of a political lobby group with government influence from which its members benefit.

In 2009, Heinemann was contracted to be paid a total of $30,000 for his services as township Web master.

On October 21, 2009, BP Graphics submitted a proposal for redesigning the township Web site.

Instead of proposing that all ordinances be posted online, estimated two years ago at a cost of $5,000, or that the current UDO be posted on the Web site so that anyone could view it anytime, or that an e-mail address be provided for each committee member and all township officials, Heinemann proposed a redesign of the site's appearance in accordance with his stated budget - $6,000.

Heinemann also proposed creation of "a more engaging, dynamic (possibly Flash) header for the 'home' page," which he said would "enable the usage of multiple images and messages, while the animation keeps the attention of the end user."

Committeemen can provide visitors to their township's Web site with better value for taxpayer dollars.

Instead of hiring professionals to contract out Web design services that do little to inform the public, Lakewood's public and non-public school children could intern as the township's Web master. The experience would prepare students for a career upon graduation at little to no cost to taxpayers.

Adults with experience in Web design and Web hosting could supervise students' work. The arrangement would give adults supervisory experience they could put on a resume.

The cooperative venture would enable two generations of job applicants to find employment with a company or for themselves, while achieving the goal of the UEZ program - to bring commerce and jobs to town.

More importantly, it would also remove the township Web site from political influence and censorship.

No matter how it is disseminated, information consumed by the public is only as useful as it is complete and accurate.

In "Passages from the Life of a Philosopher," published in 1864, Englishman Charles Babbage, the father of the programmable computer, described his reaction after members of both houses of Parliament asked whether his proposed difference engine could compute a correct result using incorrect data.

Babbage wrote, "On two occasions I have been asked, 'Pray, Mr. Babbage, if you put into the machine wrong figures, will the right answers come out?'"

For Babbage, the answer was self-evident.

"I am not able rightly to apprehend the kind of confusion of ideas that could provoke such a question," he told readers.