Edgewater says no to new River Road big box store
Developer plans to file lawsuit after denial
EDGEWATER – A developer plans to sue after the borough Planning Board denied an application to build a big box retail store at the site of the former movie theater on River Road.
The 16-screen Multiplex Showcase Cinemas at 339 River Road closed in 2018 and has since been demolished.
Brian Chewcaskie, the attorney for the applicant, 339 River Road Holdings, said the proposal was for a free-standing commercial building, and the developer was in negotiations for a tenant.
“This was a conforming application. This site was a movie theater before and was zoned for the use,” he said. “The actions of the board were totally arbitrary, and we intend to file a lawsuit.”
A resolution of denial was approved by the Planning Board on Monday. In the resolution, the board cited possible traffic problems and safety concerns related to the plan for rooftop parking as reasons for the denial.
The board heard testimony over three meetings from a civil engineer, an architect and a traffic engineer about the proposal for the one-story building with 108,000 square feet of retail and about 50,000 square feet of space for grocery use. About half of the 755 parking spaces would be on the roof of the building.
Over the hearings, the board questioned whether two narrow streets leading to the property – Penny and Thompson lanes – were wide enough to handle additional traffic. Board members also questioned whether the roof could support the weight of that many vehicles and raised concerns about pedestrian safety.
The traffic engineer for the developer said last month that the site would likely be used for a discount retailer like Sam’s Club or Costco. The signal timing of traffic lights in the area would need to be adjusted to lessen traffic impacts along River Road, he said.
The board understands that the application was conforming, but “the lack of expert testimony” about the impacts to Penny and Thompson lanes and “the failure to address the safety concerns raised as a result of the rooftop parking and consider the numerous alternatives offered” compelled the board to deny the application, the resolution said.
The board was not satisfied with the testimony, the resolution said, and “determined the design of the structure, namely the rooftop parking, was not in conformity with the surrounding structures.”
The board had asked the developer to move the parking under the building or build a garage, but “the applicant refused to make any adjustments” or accept suggestions, according to the resolution.
The board understands that the application was conforming, but “the lack of expert testimony” about the impacts to Penny and Thompson lanes and “the failure to address the safety concerns raised as a result of the rooftop parking and consider the numerous alternatives offered” compelled the board to deny the application, the resolution said.
Craig Bossong, the Planning Board attorney, declined to comment on a possible suit.
“We will wait to see what they file and respond accordingly,” he said.