Wednesday night City Council formally joined the ligation against the
Market Street Mission's appeal....
Its NOT over yet folks......Here is APP article
ASBURY PARK The city is asking state Superior Court Judge Lawrence
M. Lawson to make it a full party to an appeal filed last month by
Market Street Mission, which hopes to overturn the Zoning Board of
Adjustment's denial of a 40-bed homeless mission on Memorial Drive.
Previously, the city was involved in litigation as a "friend of the
court" in support of a group of residents who successfully challenged
an earlier zoning board approval of the mission, which the Morristown-
based Market Street Mission named the Jersey Shore Rescue Mission.
After the zoning board last October reversed its previous approval of
the proposed homeless shelter, Market Street appealed to get that
setback overturned. The city is asking Lawson to be able to set forth
its own position along with the zoning board, which will defend its
decision.
Brendan Judge, attorney for Market Street Mission, said Friday that
one of his client's arguments is that the decision of the zoning
board was not supported by evidence in the record.
According to a copy of the mission's amended complaint, Market Street
argues that it was able to establish in the record that the new
mission can operate without "substantial detriment to the public
good."
Market Street argues that to make their decision, the city zoners
used external considerations that were not in the state Municipal
Land Use Law.
The zoners last October unanimously rejected the shelter, which had
opened for about four months, saying it was too large an operation
and could cycle up to 1,000 homeless men a year through the city from
all over the state with no program in place to help them. The mission
needed variances from the board to operate in a light industrial zone.
The seven board members who voted that night said Market Street's
plans to expand its operations on such a grand scale in Asbury Park
were detrimental to a city that works to take care of its own
homeless but should not be required to serve hundreds of homeless
people from elsewhere.
According to the latest appeal filed by Market Street, 27 of the 40
beds would be used by men needing emergency overnight shelter who
could not stay longer than seven nights. Another 10 beds are
designated for men who participate in a two-to-three-month life
change program. Three beds are for staff.
According to testimony last year, there was little programming in
place for the men using up to 27 beds a night. They had to leave the
shelter during the day and try to get help from the city's social
services department or other agencies.
City zoners first rejected the mission in 2005. Market Street
appealed, and in 2006 former Superior Court Judge Alexander D. Lehrer
reversed the zoning board's decision, saying the homeless shelter
served a beneficial use. The case went back to the zoners, who
approved it with certain conditions.
In 2006, residents appealed the zoners' approval.
After a decision against it, the mission was ordered closed by City
Manager Terence Reidy. Lawson upheld the city manager's order.
Article by Nancy Shields -2/9/08
Jessica 605 Langford
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