By Matthew Sockol
Staff Writer
FREEHOLD TOWNSHIP – Municipal officials are taking action to preserve a commuter parking lot for residents following the lot owner’s notification that an agreement with Freehold Township will come to an end.
On June 28, members of the Township Committee adopted an ordinance that authorizes the exercise of eminent domain, if advisable, to acquire a parking easement over approximately 355 spaces in the Freehold Mall shopping center, Route 9 north. Spaces at the lot are currently designated as commuter parking.
The Freehold Mall is commonly known as the shopping center that includes the Burlington Coat Factory and a Work Out World fitness center.
Eminent domain (condemnation) allows a governing body to take private property from its owner for a public use, with compensation paid to the property owner.
Mayor Barbara McMorrow, Deputy Mayor Lester Preston and committeemen Anthony Ammiano and David Salkin voted to authorize the use of eminent domain and allow the acquisition of the parking easement. Committeeman Thomas Cook abstained.
The committee’s desired acquisition of a parking easement follows the termination of the township’s lease for the commuter parking spaces in the lot by property owner Freehold Shopping LLC. According to a flier notifying commuters of the lease termination, the effective date of the cancellation will be Oct. 31 and commuters will no longer be permitted to park in the lot as of Nov. 1.
Municipal officials hope to obtain parking rights to the lot before Oct. 31, according to a notice that was posted by the township.
After the ordinance was introduced by the committee on June 15, it was met with opposition from Freehold Shopping LLC.
In a June 22 letter requesting the committee to withdraw the ordinance, attorney William Wolf, who represents the company, said the township’s move to acquire an interest in the property would have a disastrous effect on the shopping center.
According to Wolf, the spaces that are designated as commuter parking have prevented Freehold Shopping LLC from attracting national companies as lessees. Wolf said that situation would be compounded by the township seeking to control a significant portion of the site.
“The taking the township proposes will reduce the flexibility our client needs to attract and retain tenants and to modify the design and layout of the buildings that comprise the Freehold Mall,” Wolf wrote. “The taking, therefore, will materially reduce the value of the subject premises.”
He said Freehold Township would likely have to acquire the parking spaces by condemning a fee interest instead of an easement, which he said would increase the cost of the acquisition.
“The cost to the taxpayers to acquire an interest in the subject premises and the damage to the remainder will outweigh the public benefit the township believes will be associated with the taking of our client’s property,” Wolf wrote. “The expenditure of a significant sum of money to acquire that interest is, therefore, not in the public interest.”
Wolf appeared before the committee on June 28 and asked for the ordinance to be withdrawn, citing the impact its adoption would have on the Freehold Mall and on taxpayers. He said if the ordinance was not withdrawn, representatives of Freehold Shopping LLC would hope to have a dialogue with municipal representatives.
After the ordinance was adopted, Township Attorney Duane Davison said municipal officials intend to set up a meeting with the property owner and work to the benefit of all concerned in the matter. He said the parking easement was just the beginning of the process to allow residents to continue using the lot for commuter parking.
Salkin said officials have been cautious in the matter.
“We are merely protecting the interests of our community,” he said.
As stated in the ordinance, its intention is to allow, but not require, the exercise of eminent domain to acquire the parking spaces.
Following the ordinance’s adoption, the committee passed a resolution to enter into a contract with the law firm of McKirdy & Riskin, P.A., for the acquisition of the commuter parking spaces and the possible eminent domain proceedings. The law firm’s services are expected to exceed $17,500 and the anticipated term of the contract is one year, according to the resolution.
