Monmouth County Judge Throws Out Developer's Lawsuit In Belmar

BELMAR, NJ — The town of Belmar is claiming victory over a developer in a battle to develop the St. Rose Catholic church parking lot, at Main Street and 8th Avenue.

Last week, a Monmouth County Superior Court judge threw out a lawsuit filed by Asbury Park-based Sackman Enterprises. Sackman tried to obtain a court order to force the town of Belmar to accept their development plan for St. Rose's.

Belmar Mayor Mark Walsifer called it a major win for the town. Walsifer said he and the town Council have rejected no less than six development proposals for the St. Rose parking lot, all because the buildings will either be too large or not have enough parking.

Belmar has long had a Seaport Redevelopment Plan, which allows development, but with the goal of maintaining Belmar's look and feel of a “true seaport village."

In 2021, Sackman Enterprises submitted a proposal to build 45 apartments and ground-floor retail in the St. Rose parking lot.

However, the Belmar city council rejected it, saying Sackman was not going to build enough on-site parking for the number of apartment units.

In response, Sackman sued the town in June of this year. The developer sought to trigger an exemption to the required number of parking spaces by using New Jersey's Electric Motor Vehicle statute, which permits a credit of one parking space for every electric vehicle parking stall provided.

Many New Jersey developers build electric vehicle charging stations, which sometimes reduce their parking obligations required by the town.

"Essentially, Sackman Enterprises believed it could construct a larger, denser structure than what was compatible for the site by filling in the lack of parking with electric vehicle stalls," said the town of Belmar in a press release.

On Oct. 28, Monmouth County Superior Court Judge Owen McCarthy categorically denied their complaint, throwing Sackman's lawsuit out of court.

Morgan Sackman of Sackman Enterprises said the judge's ruling is contrary to their understanding of how New Jersey's electric vehicle credits work. She said NJ's electrical vehicle credits are meant to be used as an incentive for developers.

"The fact that the state’s electrical vehicle incentives are not recognized on a local level is contrary to what Sackman Enterprises believes is a state-level program and should be considered," she said. "Furthermore, it is a sad reality that the town would not recognize a green initiative being promoted by the state. This is one of many obstacles we have had to deal with in delivering a beautiful project to the borough of Belmar and much-needed rental product during a housing shortage."

"Overall, this is an excellent win for the borough of Belmar and all its residents," said Mayor Walsifer. "It serves as a message that the Mayor and Council stand with all Belmar residents and will enforce the provisions of the Seaport Redevelopment Plan as they are written."