Long Branch 10-story oceanfront condo tower has sat unbuilt for three years; here is why

LONG BRANCH - While a penthouse sold for $5.9M at The Atlantic Club, comprised of two opulent condo towers under construction at the beach at the old Seaview Towers site, another nearby luxury condo site sits idle, waiting for the conclusion of a lawsuit brought on by a rival developer which could go to court as soon as June 13.

Developer 290 Ocean LLC received approval three years ago to build a 10-story, 109-unit high rise on a two-acre site with an ocean view in the Beachfront South Redevelopment Zone. However, its neighbor Blackridge Realty, which owns a six-story apartment building next to the site, has been trying to flatten the project with a pair of lawsuits filed three years ago.

One lawsuit — which attempted to kill an amendment the city made to the beachfront south zone that changed the permissible building heights from 80 feet to 100 feet, increased the allowable building coverage from 35% to 50% and eliminated the density limits, thus clearing the way for 290 Ocean LLC — was dismissed by a state Superior Court judge in December.

In that suit, Blackridge Realty accused the city of "spot zoning" because it contended the amendment extended significant benefits to the owner of property in the redevelopment zone that were unavailable to others. In exchange, the developer argued the city received $2 million in a one-time redevelopment fee which it has used to renovate the city's Senior Center, ongoing now.

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Among her several points in the city's favor, Judge Linda Grasso Jones ultimately ruled that city was within its rights because the amendment was consistent with the city's master plan for the beachfront, which has seen several new and tall luxury condo developments constructed within the redevelopment zones on the beach that were established in 1996.

As far as the $2 million redevelopment payment, which municipalities are permitted to collect so long as the money is put to offset redevelopment costs, Jones said that while the money was used for the nearby Senior Center, the city did use the money to "effectuate and defray costs of improvements in the area and thus a rationale existed between the redevelopment plan."

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The Long Branch Senior Center is about five blocks north from the 290 Ocean Ave. site and on the opposite side of the street. The city is doubling the size of its 1950s-era senior center in a “beachy” style design keeping with new architecture across the street at the beach. The renovations are close to complete. The city used the $2 million fee plus over $5 million in federal grant money for the project. The $2 million would have to be returned if Blackridge is successful in its litigation.

It's second and final lawsuit seeks to overturn the Planning Board approval of 290 Ocean LLC's project, which was done in July 2021. In its rebuttal to this suit, 290 Ocean attorney Matthew N. Fiorovanti said Blackridge's motivation is to stifle competition in the mid-rise luxury residential marketplace in the city.

The suit is scheduled for a June 13 trial in Superior Court in Freehold.

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When Jersey Shore native Dan Radel is not reporting the news, you can find him in a college classroom where he is a history professor. Reach him @danielradelapp; 732-643-4072; dradel@gannettnj.com.

This article originally appeared on Asbury Park Press: Long Branch 10-story condo tower frozen by rival's lawsuit