By STEVE PRISAMENT

Staff Writer

ABSECON – The developer of a proposed manufactured home park on the White Horse Pike at the entrance to the Absecon Shores neighborhood has received the go-ahead from the Appellate Division of the Superior Court of New Jersey.

The planned development was challenged in court by about 100 Absecon Shores residents. When they lost, an appeal was filed in their behalf Nov. 10, 2010 by attorney Frank L. Corrado of Barry, Corrado, Grassi and Gibson.

Defendants were 236 E. Absecon Boulevard Mobile Home Park, represented by attorney Stephen R. Nehmad of Nehmad, Perillo and Davis; the Absecon Zoning Board of Adjustment, represented by attorney John H. Rosenberger of Rosenberger and Wolf; and the city of Absecon, represented by attorney Michael J. Blee.

The unanimous decision was reached by Appellate Judges Francine I. Axelrad, Marie E. Lihotz and Jonathan N. Harris and issued Tuesday, Aug. 23.

The case hinged on two issues: whether the Zoning Board acted properly by granting variances, and whether the case should even be heard since the complaint was filed two years after the 45-day deadline for filing appeals of board decisions.

Corrado had argued the Zoning Board acted beyond its authority and that negated the validity of any time limits from its decision.

The appellate judges ruled that the plaintiffs “failed to provide any explanation as to how further discovery would justify an enlargement of the 45-day limitations period or what type of discovery is necessary.

“Nor have they presented any evidence supporting their claim of a ‘substantial deviation’ between the 2007 and 2008 site plans,” they went on. “Accordingly, we discern no error by the court in entering summary judgment in favor of defendants dismissing all counts of plaintiffs' complaint with prejudice.”

Paul Casaccio and his father-in-law, Ralph Clayton, are the principals of the developing company.

Casaccio said Thursday, Aug. 25 that the firm plans to move forward as quickly as possible with the project.

“We’re planning on being ready for the spring sales market,” Casaccio said. “It’s too late for the fall. But we’re definitely moving forward.”

The first step, he said, would be getting utility company contracts reinstated.

“Then we will commence with the construction – sewer and drainage,” Casaccio said. “We moved all of our supplies offsite so we have to move them back. That will happen right after Labor Day. I hope to have all site improvements done by March 31 and have two model homes installed.”

Absecon Shores residents had complained when trees hiding the area were cut down, revealing some dilapidated house trailers and an old building.

They told City Council that they weren’t as concerned about reports of narcotics and prostitution in the existing run-down neighborhood as the fact that a new, improved, but manufactured homes development would be visible from Route 30 at the access to Absecon Shores.

Casaccio said there was a landscaping plan which includes replacing trees that were removed.

“We will follow the landscaping plan,” he said. “The landscaping will be done with each home that is installed. As we complete a site along the White Horse Pike, the landscaping will be done in that area of the White Horse Pike.”

Councilman Chris Seher, who was chairman of the Zoning Board when it approved the project, said Thursday he hopes this puts an end to the developer’s problems and he proceeds with the plans that were approved.

“I’m sorry that the citizens of the Shores felt that this would be a detriment,” Seher said. “I hope when it’s finished it is a positive for the entire community.”

He said it was good news that the developer has the resources to move forward.

“It would be sad if the project were to lay fallow because of the delays,” Seher said.

Blee said the Appellate Division dismissed the complaint, “because it was untimely filed based upon well grounded statutes and case law.”

“The City of Absecon was named as a party by the plaintiffs as an effort to enjoin the construction office from issuing permits,” said Blee, Absecon’s city attorney. “The property owner voluntarily decided not to move forward with construction until a final determination from the court was rendered.”

An apparent option would be for the group to file a petition with the New Jersey Supreme Court. It would have 20 days from the appellate court’s decision to do that.

Gerald Greenberg, whose name is the one attached to the group of residents, chose not to comment for publication on Wednesday, saying he planned to meet with members of the group.

Likewise, the group’s attorney, Corrado, said he would have to meet with his clients before making any comment on the case.

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