By Allison Perrine
MIDDLETOWN – Plans to develop a $40 million luxury three-story sports, fitness and wellness center on Half Mile Road may resume after a Monmouth County Superior Court judge dismissed a lawsuit filed by representatives of a neighboring dentistry practice aiming to stop the project.
The lawsuit was filed Jan. 17, 2020, on behalf of the DiCesare & DiCesare periodontal business, operated by Anthony N. and Anthony M. DiCesare, located at 240 Half Mile Road. Its goal was to prevent future development of a Life Time fitness center to be constructed at adjacent parcels 230 and 250 Half Mile Road.
But the judge’s Feb. 16, 2021 decision left a bad taste in the dentists’ mouths. About two weeks ago, DiCesare filed an appeal, according to Ron Gasiorowski of Gasiorowski & Holobinko, Red Bank, the attorney representing 240 Half Mile Road, LLC.
“It’s just simply an ordinary citizen exercising his rights under the laws to protect his interests. He’s done nothing wrong. He’s paid his taxes. He’s built a beautiful building. He feels he’ll be harmed by this new approval,” said Gasiorowski.
Natalie Buschaw, senior director of public relations and internal communications with Life Time, said the company has not issued any statements following the lawsuit and had no additional comment to add following the judge’s decision. “But suffice it to say, this is a great market and one we’re excited about for our Life Time future,” she said.
Plans for the future Life Time were approved by the township in 2019, but not without initial hesitation. The township planning board first grappled with the potential traffic impacts the project could have on the already heavily traveled area during peak hours of the day. The plans first presented in 2018 were denied by the planning board. Revived and revised plans were submitted after consultation with the township committee.
As per the plans approved by the township in 2019, the future Life Time luxury fitness center will feature an outdoor ground-level beach club and bistro with leisure and lap pools; a whirlpool; resort-style seating; cafés; fitness studios for group fitness, cycle, yoga and Pilates programs; personal and small training groups; and over 400 cardiovascular and resistance training equipment pieces. It will also include a full-service salon and spa; saunas and steam rooms; a full-size basketball court with Ultimate Hoops leagues; a Kids Academy and more. The site will have a four-story parking garage to accommodate visitors and employees.
As a result, the existing structures at 230 Half Mile Road – owned by Red Bank HMS, LLC – and 250 Half Mile Road – owned by Mack-Cali Realty Corporation – will be demolished. The 120,423-square-foot facility will be constructed in its place. According to DiCesare’s lawsuit, the two buildings are “in good condition” and are “partially occupied.” Both properties are in the Half Mile Road Redevelopment Plan established by the township committee in December 2018.
The lawsuit claims the township failed to properly amend its zoning map to reflect the redevelopment plan for the properties. It claims state and township laws state that changes will not take effect until the zoning map has been amended, “with an entry bearing the date of adoption, ordinance number, a brief description of the changes and the name of the person responsible for the Zoning Map change.”
The lawsuit also states that “because the Zoning Map in Middletown does not show the new Redevelopment Plan designation… the new Redevelopment Plan Zone is not effective and was not adopted pursuant to the law.” However, state Superior Court Judge Hon. Owen C. McCarthy decided to dismiss the complaint “with prejudice and without costs or attorneys’ fees.”
Gasiorowski said, overall, his client does not want to be surrounded by this project and argued that the existing structures at 230 and 250 Half Mile Road are in fine condition. DiCesare is “simply exercising his rights under the Municipal Land Use Law to try to protect his property interest,” he said.
This article originally appeared in the April 15-21, 2021 print edition of The Two River Times.
