LITTLE EGG HARBOR – The approval of a 415-unit age-restricted housing development on Center Street is now being challenged in court, with Save Barnegat Bay alleging that the project was permitted under zoning rules that conflict with the township’s master plan and before critical environmental and flooding issues were resolved.
The nonprofit organization filed suit in Ocean County Superior Court seeking to overturn the Little Egg Harbor Planning Board’s unanimous approval of Lennar Homes’ proposed “Venue at Summers Corner” development, which would replace nearly 100 acres of forest with single-family homes and triplex units.
“This complaint is not just about one development – all over Ocean County, planning boards are approving projects in a vacuum,” said Britta Forsberg, Executive Director of Save Barnegat Bay.
“What we’re seeing along the Route 9 corridor is development outpacing planning. Our communities are not prepared, our infrastructure is strained, and the rules meant to protect residents and the environment are not being applied rigorously enough. Slowing down and revisiting our Master Plans is not anti-growth – it’s responsible governance.”
In court documents, Save Barnegat Bay contends that the zoning provisions used to approve the project are legally invalid because the property was never designated in the township’s master plan for a planned retirement community or cluster development.
The group argues that state law requires zoning to be consistent with the master plan, and that Little Egg Harbor’s ordinance allowing this type of high-density senior housing on the site does not meet that standard.
The lawsuit also claims the planning board granted approval without having key information needed to determine whether the project actually complies with environmental and land use rules.
Among the issues cited include those related to flooding and stormwater management. According to the legal filings, the site lies in an area that drains toward Barnegat Bay, which is classified as Category One waters, meaning it receives the highest level of environmental protection under state law.
The complaint says wetlands boundaries, flood hazard areas, and drainage impacts had not been fully determined when approval was granted. Without that information, Save Barnegat Bay argues, it was impossible to properly calculate how many homes could legally be built on the land.
Concerns about wetlands and endangered species are also addressed in the complaint. The property contains streams and wetlands that the lawsuit describes as documented habitat for threatened and endangered species. The complaint states that the presence of such habitat affects how close development can be built and how much land must be preserved.
Save Barnegat Bay argues that approvals were issued before those constraints were fully mapped or incorporated into the project design.
Because wetlands, buffers, and flood hazard zones reduce how much land can be developed, the group claims the land use board could not lawfully determine whether the project met its own density limits without final determinations from the New Jersey Department of Environmental Protection.
Beyond environmental concerns, the lawsuit alleges that the resolution adopted by the planning board after the August hearing does not properly reflect the evidence presented during the proceedings.
Save Barnegat Bay claims the final written approval fails to fully address traffic, safety, and environmental testimony, and does not clearly explain how the board concluded the project met legal standards. The group also alleges that the approval was rushed after a meeting that ran past midnight, following weeks of hearings marked by crowd size issues and venue changes.
In a press release provided by the nonprofit, reference is made to community members who have also expressed significant concern about the proposal. “This is one of the last remaining tracts of mature forest in Little Egg Harbor,” said Peter Parrinello, President of the Four Seasons at Sea Oaks Homeowners Association. “Clearing nearly 100 acres of woods increases flooding risk and runoff pollution. It’s time to slow down and reassess density town-wide instead of approving projects one at a time.”
Save Barnegat Bay is asking the court to declare the zoning provisions used to approve the project invalid and to vacate the planning board’s approval. The organization is also seeking a ruling requiring future development decisions to strictly comply with state planning law and environmental protections.
If successful, the case could force the township to revisit both the project and the zoning rules that made it possible.
A judge will decide whether the approval stands, or whether the project must be reconsidered under stricter legal and environmental scrutiny.
Planning Board And Township Response
Two of the defendants have formally denied the allegations. In its answer to the lawsuit, the Little Egg Harbor Planning Board also asserts that Save Barnegat Bay’s claims are “frivolous” under New Jersey law and violate the state’s Frivolous Claims Act. The board is asking the court to dismiss the case and to order the plaintiff to pay its legal fees and costs.
The Township of Little Egg Harbor has also denied wrongdoing and is seeking dismissal of the complaint. Lennar Homes, the project applicant, is also named as a defendant. However, they had not yet filed an answer to the complaint at the time this newspaper went to press.
Project Background
The Venue at Summers Corner development would bring 199 single-family homes and 216 triplex units to a 146-acre tract off Center Street, along the Route 9 corridor. The plan includes a clubhouse, pool, and other amenities for residents age 55 and over.
The project was approved last summer after a marathon planning board hearing held at Pinelands Regional High School due to crowd size. Residents raised concerns about traffic, emergency access, stormwater runoff, and the loss of one of the township’s last large forested areas. The board concluded the proposal complied with local zoning and state planning law.
