BRICK – Overdevelopment has been a hot-button topic in town over the past several years, and the subject came up during public comment at a recent Township Council meeting.
Councilwoman Marianna Pontoriero said she hoped to clarify what the rights of property owners are after resident Charlie Bacon said a number of projects approved by the township Planning Board and Board of Adjustment should have been rejected.
He cited new Wawa convenience stores, a Dunkin’ drive-thru on Route 88 and a Dunkin Donuts on Herbertsville Road, which has resulted in “numerous accidents, people blocking Herbertsville Road, blocking the parking lot.”
Bacon said local residents are opposed to a proposal for a new drive-thru Dunkin’ on Mantoloking Road because there is an existing Dunkin Donuts less than a mile away and a school bus stop on the corner.
Also, the proposed Dunkin Donuts would be located across the road from Visitation Church, which would present hazards when parishioners try to cross over, especially if the drive-thru queue fills up, he said.
During the portion of the meeting where elected officials comment, Councilwoman Pontoriero said she wanted to address the overdevelopment issue, “that’s a constant argument in my own family.”
The councilwoman, who is an attorney and has served on the council for about 10 years, said she doesn’t believe any township residents want more development.
“We – no one – can restrict the right to buy a piece of property and to utilize it as they choose, unless there’s a violation of one of the zoning laws…that exists,” she said.
“We cannot say, ‘Hey, you want to buy that piece of property? No, you’re not allowed to.’ It would be an infringement of our constitutional rights…forget about the state rights, the constitutional, the oldest rights that we have here in America, the right to own property,” she said.
Pontoriero explained that no entity can restrict someone from buying a piece of property unless there is a violation of law that would occur. In that case, neighbors who would be directly affected receive a notice that someone wants to put a business there. They can attend hearings before the Planning Board and/or Board of Adjustment before the Board makes a decision, she said.
In New Jersey, if an application is denied by the municipal Planning Board or Zoning Board, the applicant has the right to appeal to the Superior Court since local Boards might be swayed by local public pressure, which is not grounds for a denial.
The Superior Court is more inclined to just follow the law and abide by specific legal criteria for denying an application.
Pontoriero continued, “It is so frustrating, as a council person…it’s the same phone calls every time of someone being irate that another piece of property was purchased and going to be used for some business.
“Again, we cannot stop that. However, what’s the key to stopping overdevelopment? Grabbing a piece of property by the town if it’s going to prevent development in an area where it makes sense,” she said.
In 2023, the township partnered with the county to purchase the 32-acre tract of Breton Woods, which Pontoriero called “the perfect example…so the town put the money where the mouth was, applied for a whole bunch of grants and aid, so at the end of the day, it really didn’t cost us as taxpayers anything.”
The effort preserved the wooded property, she said. “So if you want to stop overdevelopment, join the coalition that is looking at pieces of property, earmarking them and then coming to the mayor and saying ‘Hey, look, here’s a piece of property, it’s for sale, what do you think about preserving it?’ And then we look into it.”
Pontoriero was referring to Brick Open Space Savers (BOSS), a citizens advisory committee dedicated to evaluating properties for potential acquisition to support open space, conservation and recreation opportunities.
“Every person in our country has the right to buy their own property. What they don’t have is the right to infringe on somebody else’s rights or violate law. That’s what the Planning Board, the Zoning Board, the municipal court, that’s what all of that is for,” Pontoriero said.
For more information on BOSS, visit boss@bricktownship.net.
