Approval of 100+ Room Hotel Set Aside for Deficient Public Notice

The approval of a 100+ room hotel in Lakewood was set aside by the Appellate Division for material deficiencies in the contents of the public notice, forcing the developer to re-start the approval process from scratch.  The public notice of the application indicated that the plan was, "to construct a hotel as well as a bank," but omitted that the hotel was going to include a restaurant, bar and banquet facilities.  The trial judge did not take issue with the contents of the notice, and found them to be "common amenities" for a hotel.  However, the Appellate Division disagreed and remarked that, "[a] facility that is expected to be serving alcohol, and thereby inviting patrons who will drive to the location in order to consume intoxicating liquors, presents concerns of traffic and public safety that would reasonably be of concern to surrounding residents and property owners."  Consequently, the appellate panel found the notice to be materially deficient and the approval granted by the Township was set aside.  (Lakewood Realty Associates v. Lakewood Township Planning Board, et. al.)