Judge backs Matawan in transit village lawsuit

BY KAREN E. BOWES
Staff Writer

FILEPHOTO The train station that borders Matawan and Aberdeen was the focal point of the shelved Transit Village project, halted due to a lawsuit that was recently dismissed. With the dismissal, Matawan is free to begin the redevelopment process all over again. MATAWAN - Back in 2005, a lawsuit brought plans to redevelop the train station area to a screeching halt.

Now that the lawsuit has been dismissed by a Superior Court judge, redevelopment plans for Matawan are "up in the air," according to the Borough Council.

On Jan. 8, Superior Court Judge Joseph P. Quinn dismissed the suit filed by Silver Oak Properties Inc., the would-be developer of the shelved Matawan-Aberdeen Transit Village project.

Originally, both Aberdeen and Matawan officials agreed upon Silver Oak's design as their choice for the large commercial and residential development, planned for the area around the train station that borders both towns. But Matawan officials later backed out of the interlocal agreement, choosing a plan designed by another developer, the Columbia Group, instead.

"I am satisfied, based on my view of [the] documents, that the action taken by the defendants was not arbitrary, unreasonable or capricious," the judge said while delivering his decision, according to the court transcripts. "Certainly the plaintiff may make arguments that theirs was better, that theirs was more in conformance, that theirs was better for the municipality. But those are arguments that really do not - the court doesn't find persuasive."

The judge used harsh words to describe the plaintiff's assertion that Sen. Joseph Kyrillos (R-Monmouth/Middlesex) had behaved unethically by getting involved in the redevelopment process.

"I guess before a public meeting Sen. Kyrillos introduced the defendants to some of the borough officials, and somehow this claim is being asserted as evidence of, I don't know, undue influence or corruption or some other impropriety associated with the action of the defendants," Quinn said. "I find that this claim itself is woefully lacking in any demonstrable way as a manifestation of either bad faith or fraud or corruption or undue influence or anything of the like. ..."

Although the case's dismissal now allows the borough to move forward with its own plans to redevelop the station area, much has changed since 2005. For example, a Republican majority has been replaced by a Democrat-controlled council. The real estate market has slowed, and with the addition of several downtown restaurants and other businesses, more attention has been paid as of late to the idea of sprucing up the downtown.

A small step toward choosing a new plan was made on Jan. 25 when the Borough Council met to appoint two new professionals: redevelopment attorney William Northgrave of the law firm McManimon & Scotland, and redevelopment planner Stuart Portney of the Metro Co.

Two Republican council members walked out of the meeting in protest of the new hires (see related below) while Mayor Mary Aufseeser defended her decisions.

"Everything I do, I do for Matawan," Aufseeser told the audience. "It's unfortunate what you witnessed tonight and I really regret it. These are the best firms I could find for Matawan."

As for the Metro Co., the mayor said she is confident in their abilities.

"They work for Asbury Park," Aufseeser said, "and goodness knows, if they can figure that out and turn that city around, they can handle Matawan."

Resident Agnes Falk questioned the mayor's choices, noting she hoped to have her taxes lowered through the redevelopment process. Falk said she pays roughly $10,000 a year in taxes. She and her husband had planned to retire in Matawan but now they cannot due to the high taxes, she said.

"What happened to the Matawan Transit Village?" Falk asked.

"That's up in the air for now," Councilman William Malley said.

The mayor noted that the transit village project would mean an additional 500 houses in Matawan, and with the new homes, an additional 1,000 cars would clog the roadways.

"And I'd like to know where their children will go to school," Malley said.

At times, the meeting took on a tense atmosphere, with officials becoming defensive and members of the audience speaking loudly and out of turn.

"We're not going to throw people out of their homes so Hovnanian can build 500 homes," Councilman Michael Cannon said when a resident questioned the council's decisions.

"You're trying to use eminent domain as a scare tactic," Falk said.

Visibly upset, Cannon replied, "I probably know more about the redevelopment process than you do because I'm the one who actually voted on it."

Borough Attorney Pasquale Menna noted that redevelopment hearings will begin as early as next week. At that time, the council will discuss its options, Menna said.