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Lodi Planning Board carries Union Avenue redevelopment hearing to March 11 after counsel flags notice concerns
Summary
Redevelopment counsel told the board that adjacent property owners using an access strip may need notice because of possible recorded or unrecorded easements; the board agreed to re-notice and carry the application to the March 11 hearing so professionals can prepare responses.
The Lodi Planning Board agreed to carry the Union Avenue redevelopment application to its next regular meeting on March 11 after redevelopment counsel raised notice concerns that could affect who must be included in the public hearing.
Douglas Doyle, the redevelopment attorney identified at the meeting, said the board had received a January 30 letter from outside counsel calling attention to property owners who use an access strip or driveway to the subject property. Doyle said those owners might have recorded or unrecorded interests (examples cited included an unrecorded or recorded easement or long-standing use) that could, under the municipal land use law, require that they be noticed for the hearing. "I would recommend that we carry this meeting for 1 month ... we should re notice and we should re notice and include these property owners," Doyle said.
Board members agreed. The board also directed staff to mark the new attorney letter and an updated Burgess report as exhibits and to perform a formal title search and related checks so the record will reflect whether adjacent owners must be noticed. A board member said professionals need time to review the updated Burgess report (dated February 5) and that those materials should be on file before the next hearing.
Why this matters: Doyle signaled potential legal exposure if notice was not provided to neighbors who demonstrate a property interest; the board’s decision to re-notice and carry the application reduces immediate risk of procedural challenge and allows more time to assemble complete records.
What’s next: The Union Avenue application will be carried to March 11; the board asked staff and counsel to coordinate on the title search, exhibit filings and updated reports so the item can proceed with clarified notice.
