It is back to the drawing board for the owner of the blighted area adjacent to the Ellsworth Center in West Windsor. The second meeting between Pereira Investment and the West Windsor Site Plan Advisory Review Board (SPRAB) on September 8 stalled at the outset as the development team presented a revised site plan that differed from the plans reviewed by the board. Pereira was ultimately able to receive feedback from SPRAB members and township professionals. In addition to its site plan application, Pereira has an ongoing lawsuit against the Zoning Board, whom SPRAB advises. A third SPRAB meeting is tentatively scheduled for October 27. No decision from the Zoning Board of Adjustment is expected until 2015.
The owner of the site, Jacinto Rodrigues, submitted a preliminary site plan to SPRAB on June 23. The development team wished to review the changes made to the preliminary site plan and discuss the reports and comments made by SPRAB and its professional staff.
Two members of Rodrigues’ development team presented the plan, attorney Jeffrey Baron of Baron & Brennan, based in Voorhees, and the development team’s architect, Noel S. Musial of the Musial Group, based in Mountainside. Rodrigues was also present.
However confusion ensued soon after Musial began presenting the revised site plans. Baron, Rodrigues’ attorney, admitted the wrong plans had been sent out but he maintained he had delivered the corrected plans in accordance with the submission guidelines. Township representatives did not want to proceed with discussion of the most recently revised site plan because they did not review them in advance.
When Baron pressed to continue discussion of the corrected site plans currently in front of everyone, township representatives criticized the outdated site plans they had reviewed. “I’ve been doing this for three mayors, and this is the worst set of plans that I have received,” said Ted Begun, SPRAB vice chair. Dan Dobromilsky, the township Landscape Architect, called the plans “not legible,” saying fair review was not feasible given the poor production quality.
At this point, Rodrigues stood up and apologized, saying his team had submitted the plans in good faith. He admitted that his professionals needed to revise the site plans, referring to his engineers and planners. “I pay them all,” Rodrigues said. “If I need to fire them I will. I didn’t ask for a halfway job.”
The development team was ultimately able to receive some feedback from SPRAB, who despite their frustration with the application expressed interest in the rejuvenation of the rundown retail center.
SPRAB members questioned whether the existing one-story structures could support second story residential additions. Rodrigues explained structural engineers have concluded the structural integrity of the property buildings, which are currently boarded up, is good. The development team also allayed concerns regarding the viability of retail shops at a site located behind another retail center, the Ellsworth property, revealing the intended commercial tenants occupying the first floors will be professional offices and not retail or restaurants.
The entrance road, traffic circulation, parking allocation, and design of the back section of the proposed site that abuts the train tracks were other issues raised by board. In addition the fire marshal had raised safety concerns in his report.
Baron repeatedly explained the most recent revisions have addressed the township’s stated concerns, but township representatives made it clear they were in no position to review them at the meeting.
“It was just a confusion with the submission,” said Rodrigues, who was reached by phone after the meeting. Rodrigues indicated he wanted to have a revised plan before SPRAB quickly. “We took some good and bad from the meeting and we think we can address their concerns.”
Rodrigues is the founder and chairman/CEO of Crown Bank in Elizabeth. According to press reports, Rodrigues is a major developer in Newark who has previously purchased large tracts of land from the city at below market rates. He has had a close association with former Newark mayor Sharpe James, having been a fundraiser for James. Crown Bank has also financed property acquisitions made by the James family.
Rodrigues stated his goal for the blighted property behind the Ellsworth center is to gain approval for a site plan that complies with redevelopment, and to build it in accordance with township standards.
“I think the biggest issue is the easement we have with Ellsworth,” said Rodrigues, referring to his property’s location behind Ellsworth Plaza. “I’m stuck with the access I have.”
When the township approved Ellsworth’s mixed-use site plan (WW-P News, December 6, 2013), Rodrigues argues, officials did not take into account his easement with Ellsworth.
Rodrigues has since filed a lawsuit contesting variances granted to Ellsworth by the township Zoning Board (WW-P News, April 18, 2014). “We filed in court that the approval should not have been granted,” Rodrigues said. “We are only appealing because we feel the application should be heard together. We only have one access. Ellsworth needs to connect to my water. He put a water line where I am proposing a building.”
A D-1 variance granted to Ellsworth would allow him to convert two residential properties into a parking lot and a stormwater management facility. Rodrigues’ argument is the Zoning Board lacked the authority to amend the zoning in such a way because the Ellsworth center is in a redevelopment zone and the variance drastically changes the uses of the properties included in the redevelopment zone.
While his site application is a process separate from the lawsuit, the concurrent actions put Rodrigues in a position where he is contesting variances granted to Ellsworth while applying to the same board for similar variances.
“It seems a little unusual. He’s arguing the zoning board did not have the jurisdiction to grant the variances it did in the Ellsworth application,” says Sam Surtees, the township land use manager. “If the court agrees with Rodrigues, it would seem to me that the Board can’t grant the variances he is seeking.” The lawsuit goes to trial in December.
Rodrigues’ contention with Ellsworth’s plan dates to Ellsworth’s application. When Ellsworth was applying for variances before the Zoning Board in late 2013, a lawyer representing Rodrigues was present for multiple meetings. A township resident who was present for the meetings, but does not want to be identified due to the ongoing litigation, characterized the attorney’s constant questioning as akin to a filibuster. “Rodrigues’ lawyer was drilling down into minutia of the Ellsworth application that no one else was concerned with,” the resident said.
The township has previously maneuvered in response to the ongoing development saga. An amendment to the Princeton Junction Redevelopment Plan passed in August paved the way for the township to exercise the right of eminent domain through condemnation and take control of the blighted property (WW-P News, August 8). A condemnation would require a separate ordinance.
At the same August council meeting, multiple township officials expressed impatience at the lack of progress. “This property has been in a blighted condition longer than any other property in West Windsor,” township planning board consultant John Madden told council. “Despite the fact that the developer has made some noises recently about developing the property, he has walked away numerous times from his development. The township needs eminent domain in order to ensure that the property gets cleaned up.”
Rodrigues does not think the township’s amendment is appropriate. “I don’t understand why they did it. The application was filed.”
