A Gloucester County hotel developer has cleared a planning hurdle — again.
This $20-million project has been set back almost a year thanks to legal actions taken by neighboring property owners. But the developer, SSN Hotels, received unanimous approval from members of the planning board at a hearing Wednesday night.
SSN Hotels is attempting to add a Home2 Suites, offering 100 rooms, and a TownePlace Suites, offering 96 rooms, to the Deptford Township location.
Board members approved essentially the same project presented one year ago, only to see lawsuits in a state court unravel its decision. The opposition is from the owner of two existing hotels on land adjacent to the proposed building site and from nearby homeowners.
More: Another hurdle: Deptford hotels project trips over zoning issue
Mayor Paul Medany lambasted the owner of the existing hotels before voting.
'As testified, there's a need for hotels in Deptford and this property was selected by the master plan to fulfill that need,' Medany said. 'The existing hotel may not want the competition, but competition is not a basis for the planning board to deny the application.'
Earlier, in his final remarks, project attorney Damien Del Duca made the same criticism.
Attorney Jeffrey Baron — representing adjacent hotels Courtyard by Marriott and Hampton Inn and Suites — was present, but was denied a chance to respond to the attacks.
'Now naturally, when you own two hotels next door and you don't want competition, you're going to highlight what we don't comply with,' Del Duca said.
'Because let's face it folks, Mr. Baron's client doesn't want competition next door. That's what he's here for.'
Medany gave a lengthy list of reasons why he thought the plan deserved approval.
The list included significant plan revisions and downscaling. The final design, however, still required exceptions from the zoning code.
A detailed listing of reasons for a particular vote can be an important defense in the event of a legal challenge to a board decision.
The prospect of legal action also was reflected in the mayor's final remark that there is nothing 'arbitrary, capricious or unreasonable' about the decision. A claim of 'arbitrary, capricious and unreasonable' decision-taking is standard language in lawsuits against planning and zoning boards.
More: Why this South Jersey gubernatorial hopeful is walking away from 'Walk to Washington'
'I also think the applicant has met the burden of approval,' board Chairman Dave Wyatt said.
Baron was able to cross-examine project engineer John Kornick and planner Tiffany Morrissey. But he was unable to either to acknowledge possible flaws in the plan or in the application process.
Another attorney, Gary Zangerle, separately questioned the two professionals on behalf of Harmony Lane homeowners.
Joe Smith is a N.E. Philly native transplanted to South Jersey 36 years ago, keeping an eye now on government in South Jersey. He is a former editor and current senior staff writer for The Daily Journal in Vineland, Courier-Post in Cherry Hill, and the Burlington County Times.
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This article originally appeared on Cherry Hill Courier-Post: Two new hotels are planned in Deptford Township, NJ along Route 42
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