New Brunswick approves high-rise, but there might be a legal hurdle
NEW BRUNSWICK - The city Planning Board has approved a 23-story mixed use building on the site of the Elks Club despite a lawsuit filed by a neighboring property owner alleging that proper legal procedures were not followed.
The Planning Board approved The Liv, a high-rise with 407 residential units, a 6,000 square foot banquet hall for the New Brunswick BPO Elks 324, a 2,000-square-foot commercial retail space for the George Street Co-Op and 346 parking spaces.
Albish Associates, owner of the property at 83 Morris St., filed suit in Middlesex County Superior Court on Dec. 27 alleging it did not receive proper notice of the proposed city ordinance that included its property and the neighboring lots into the NB Downtown Redevelopment Area. That ordinance, the lawsuit said, "significantly" changed the zoning regulations on its property.
The ordinance was passed by the City Council on April 24, 2023.
New Street Associates, part of New Brunswick-based Weiss Properties which has developed apartment buildings in Somerville, submitted plans for The Liv in July.
At the Jan. 8 Planning Board meeting, Peter V. McArthur, attorney for Albish Associates, said the magnitude of The Liv on less than an acre of land will negatively impact the integrity, character and scale of the downtown central business district, according to a video of the meeting by New Brunswick Today.
McArthur said the project does not benefit the city or its residents, especially those using Livingston Avenue, or Morris, New or George streets.
But James Stahl, attorney for New Street Associates, said the project will be a beautiful addition to the city's skyline.
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During the public hearing several Elks members also spoke in favor of the application.
McArthur has not responded to a request about whether the Planning Board's approval on Monday will be appealed.
“The Liv epitomizes a new pinnacle of luxury living in New Brunswick, positioned in the heart of innovation, medical and education,” Robert Weiss, president of Weiss Properties, said in a press release after the Planning Board vote. “I spent the last 30 years of my career growing Weiss Properties from our New Brunswick office. We’re leaving our legacy in the city that’s been at the heart of our company.”
According to the lawsuit, prior to April 5, 2023, Albish Associates' property at 83 Morris St. was in a commercial zone and not subject to regulations in the New Brunswick Downtown Redevelopment Plan.
Last March the Planning Board approved amendments to the New Brunswick Downtown Redevelopment Plan. Those amendments, later approved by the City Council, meant Albish's property, along with the co-op site and the Elks property, were now included in the downtown redevelopment zone and subject to its zoning regulations.
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But Albish Associates argues in the lawsuit that it never received any notices about the board's public hearing to include its property in the redevelopment area.
The lawsuit states that a notice of proposed zoning changes must be given 10 days before a public hearing to all affected property owners.
The failure to send the notice required by state law invalidates any action by the Planning Board, the lawsuit argues.
The city has declined comment on the lawsuit.
Email: srussell@gannettnj.com
Suzanne Russell is a breaking news reporter for MyCentralJersey.com covering crime, courts and other mayhem. To get unlimited access, please subscribe or activate your digital account today.
This article originally appeared on MyCentralJersey.com: New Brunswick OKs high-rise, but lawsuit is pending
