Township Attorney Explains Why Beachwood Shopping Center Still Standing

By Patricia A. Miller

Although demolition day at the Beachwood Shopping Center has come and gone, Township Attorney George R. Gilmore has advised Berkeley officials to wait a little longer.

"I hope I'm not the only citizen concerned about this abomination of an eyesore," resident Maureen Hall said during the public portion of the Sept. 9 meeting.

Gilmore said owner Priscilla Oughton and the redevelopers of the site on Route 9 South are negotiating the costs of tearing down the multi-structure center and possible remediation.

"The mayor and the council have made it perfectly clear it's a top priority for the township," Gilmore said. "I don't want to increase the liability for the town."

There are a number of environmental issues with the shopping center - built by Oughton's father James E. Johnson decades ago, he said.

"The redeveloper wants to be sure he can recoup the costs of demolition," Gilmore said.

August 30 was the day Oughton was supposed to start demolishing the battered shopping center, the bane of more than one administration in the township's history.

Mayor Mayor Carmen F. Amato Jr. signed an order on July 15  giving Oughton a month and a half to tear down the dilapidated, dangerous shopping center.

Township officials said at the Aug. 26 meeting they would be back in court if Oughton failed to abide by the order and at least begin the demolition process.

But going back to court on the matter could mean months of extra legal expenses for the township, Gilmore said.

"We're trying to have this occur as quickly as possible, but at the least expense to the township," he said. "You could be talking six months. If the parties can agree amongst themselves, it's the best solution for the township."

So far - Oughton, who lives in Lauderdale by the Sea in Florida - has paid $65,000 in fines.

Berkeley began fining owner Oughton $5,000 for eight building code violations back in November, shortly a section of it caught on fire at the height of Superstorm Sandy.

Mayor Carmen F. Amato Jr., Councilmen Robert Ray and Kevin Askew and Councilwoman Fran Siddons did not attend last night's meeting.

But the battle to redevelop the shopping center on Route 9 South at the entrance to Berkeley Township goes back more than a decade.

The effort began during former Mayor Jason J. Varano's time in office. Berkeley began putting together a Town Center redevelopment plan and sought the state Planning Commission's blessing.

That approval finally came in July 2012, when commission members unanimously approved the plan.

The township had already named Donato J. Donofrio the redeveloper of record. But Donofrio backed out last fall, citing the poor economy and the cost of cleaning up the site.