Neighborhood Objectors Vow to Appeal
By John Burton
MIDDLETOWN – A state Superior Court judge has ruled in favor of the Trinity Hall—again. And it is not the final word on the plans for the future home of the all-girls school – again
On April 18, Judge Paul A. Kapalko in Freehold upheld the township Planning Board’s decision to approve the school’s plans to construct a permanent campus facility on Chapel Hill Road, rejecting the objections raised by area residents.
But, as has been case in past decisions on the part of the planning board and court, this matter appears destined to again come before the state court.
In a voice message this week, Ron Gasiorowski, the Red Bank lawyer representing the objectors, said after studying Kapalko’s decision and while remaining “always respectful” of the bench’s decision, “My clients plan to appeal this decision.”
James Gorman, planning board attorney, said in response to Kapalko’s ruling, “It was a well-reasoned and thorough decision upholding the board’s decision in this matter.”
Paul H. Schneider, with the Giordano, Halleran and Ciesla, Red Bank law firm, representing the school, said the decision was “A victory for the school. They once again won…We’re very pleased with the decision.”
But what this decision means for the school’s long term plans remains unclear. “You have to ask them,” was Schneider’s response, referring to Trinity Hall.
The school, as has often been the case during this lengthy, and often contentious, battle with objectors, is not commenting publicly on the court decision and plans.
Kapalko’s decision concerns the school’s proposal to construct a permanent, multi-building campus on Chapel Hill Road, using about 30 acres of the approximately 64-acre, undeveloped and largely wooded property that could eventually accommodate as many as 500 students, according to what school organizers had initially said.
Trinity Hall is a not-for-profit, private high school all girls facility offering a college-prep, Catholic-based education program and is currently operating out of the township-owned Croydon Hall, in the township’s Leonardo section.
The application process “was a matter of considerable public interest,” Kapalko’s decision noted, taking numerous, lengthy hearings, as area residents responded to professional testimony in support of the project and some area residents voiced vociferous objections to the plan, charging it was too big and expansive and would have a negative impact on the environment, traffic and quality of life for what is largely a residential area.
The planning board in August 2014 denied the application. Kapalko, however, set aside that denial and remanded it back to the planning board, with the court striking down a portion of a township zoning ordinance the board relied on to deny the application.
On the subsequent hearing the board voted to approve the plan. In response, a group of local homeowners took the matter to court, alleging technical deficiencies with the application and board procedures. The objectors charged the plan violated state and local storm water management regulations and that the planning board, by conducting long meetings that extended into the early morning, prevented the public from commenting on the application—allegations Kapalko rejected in his decision.
Trinity Hall is expected to vacate Croydon Hall at the end of the current school year. School representatives have purchased the former Fort Monmouth Child Development Center, a childcare facility, located off of Hope Road in Tinton Falls, according to information provided by the state’s Fort Monmouth Economic Revitalization Authority (FMERA), overseeing the fort’s redevelopment.
Trinity Hall paid $2 million for the site and is expected to do at least $500,000 worth of upgrades and renovations to the 20,000-square-foot, approximately 20-year-old structure situated on a 7.4-acre property—a facility considerably more modest than proposed for Chapel Hill Road.
According to FMERA, the school closed on the property in March and is expected to move in for the 2016-2017 school year.
“They’re definitely moving into the building,” said Tinton Falls Mayor Gerald M. Turning Sr., noting the renovations will likely cost upward of $1 million.
On the other hand, Turning added, “How long they stay and what they decide to do in the future is not something I discussed with them.”
Turning suspected if the Middletown project was to proceed “It wouldn’t happen for a few years,” given the scope of construction.
Middletown Mayor Gerard Scharfenberger hasn’t had any communications with the school on its future plans, other than its intention of vacating Croydon Hall. Hopefully, though, “it’s resolved now and everybody’s ready to move on,” the mayor said, unaware of the pending future litigation.
As part of its purchase of the Fort Monmouth site, Trinity Hall said it would incorporate its current 22 fulltime employees in this facility, as well as being contractually obligated to create an additional 100 fulltime positions. Failing to meet the requirements could result in Trinity Hall paying a financial penalty or even having to sell the property back to FMERA, according to the agreement.
The objectors have 45 business days from when Kapalko issues his final judgment on this matter to appeal to the state Superior Court Appellate Division. Kapalko has yet to issue his final judgment.
