Transactions
- Representing a national
commercial real estate developer in trial court and appellate court, Mr.
Beckelman successfully defended a challenge to site plan approval for the
construction of a retail establishment to be used as a Starbucks coffee shop in
Rio Grande, NJ. The challenge was brought by a neighboring commercial
property owner whose tenants included another Starbucks operation. At the
hearings, the objector argued, among other things, that once the Middle
Township Planning Board denied a parking variance, the entire application was
automatically denied as a matter of law and that therefore, the Board had no
authority to continue the hearing and change its interpretation of the zoning
ordinance. The objector filed a complaint with the Superior Court challenging
the approval. After a prerogative writ hearing, the trial court affirmed
the Board’s decision and the client’s site plan approval. On appeal, the
Appellate Division affirmed the trial court’s ruling on January 31, 2019.
- Represented the owner of a 236 unit, senior and disabled
affordable housing complex in the City of Orange, negotiating the extension of
a tax exemption and payment in lieu of tax (PILOT) agreement. A local
resident filed a lawsuit against the City and the owner, one of over a dozen
lawsuits by this plaintiff against the City, arguing that the PILOT extension
was not authorized under the applicable statutes and that the City violated
various municipal procedures in its approval of the PILOT. Mr. Beckelman
successfully defended the case before the trial court in Essex County, which
ruled in favor of the City and the owner and upheld the legality and the City's
approval of the PILOT agreement. The plaintiff appealed the trial court
decision, which Mr. Beckelman defended and argued on February 7, 2018. By
per curiam decision on August 2, 2018, the Appellate Division affirmed the
Essex trial court decision, upholding the legality of the PILOT agreement and
providing assurance to the owner and the residents that the complex will
continue to operate as a project-based affordable complex.
- Currently serves as special litigation counsel to the City of
North Wildwood in connection with complex, multi-party litigation with
proceedings pending before the Chancery Division and Law Division, and in three
matters pending before the Appellate Division. Also serves as special
redevelopment and housing counsel to North Wildwood. Previously served as
special redevelopment, housing and litigation counsel to the City of Long
Branch, the Borough of Flemington and the Township of Robbinsville. Has also
served as special litigation counsel to the City of New Brunswick and the
Borough of Belmar.
- As special redevelopment counsel to the City of Long Branch,
concluded negotiations for the final phase of the Pier Village
project. The already developed first two phases of Pier Village, a
mixed-use residential and retail development on Long Branch's shore front, and
the development rights for the third phase, were sold by Applied Development
Companies to Kushner Companies in 2014 for $200 million. Since that time,
Kushner substantially amended the approved phase 3 plans and the City
negotiated the details of this complex project, including substantial boardwalk
and public improvements and a $20 million redevelopment area bond.
Kushner partnered with Extell Development to develop the phase 3 project, which
is now under construction.
- As special redevelopment counsel for the City of Long Branch,
concluded negotiations for four separate residential redevelopment projects in
the Beachfront South redevelopment sector, for an estimated total of $200
million of new development for that sector. Three of these projects are
currently under construction.
- Has handled redevelopment counseling and litigation on behalf
of developers, property owners or municipalities throughout New Jersey,
including notable projects in Newark, Trenton, Asbury Park, Woodbridge
Township, Carteret, Wood-Ridge, Wildwood, Millville, West Orange, South Bound
Brook, Netcong, Emerson, Maplewood, Morristown, and Stanhope.
- Has provided counsel or litigation services to special
improvement districts throughout New Jersey, including Morristown, Red Bank,
Toms River, Livingston, Seaside Heights, Atlantic City, Keyport, Bergenfield,
Teaneck, the Wildwoods, Flemington and East Hanover.
- Appeared before the Supreme Court of New Jersey, authoring
and filing an amicus brief in the matter of
Gallenthin v. Paulsboro on
behalf of the New Jersey League of Municipalities, the New Jersey Chapter of
the American Planning Association, and Downtown New Jersey.
- Represented the New Jersey Association of Realtors in
connection with the development of its new headquarters in Trenton, a
transformative project at the site of a former industrial property. His
role included establishing and negotiating the City of Trenton's first
"Garden State Growth Zone" tax exemption under the Economic Stimulus
Act of 2013.
- Played a key role in the firm’s representation of the Camden
Redevelopment Agency in its negotiations with the Salvation Army for the
remediation, acquisition and redevelopment of a former 85-acre landfill in
Camden. The location is now the site of the 120,000 square foot Ray and Joan
Kroc Corps Community Center, which has brought employment opportunities, a
broad range of recreational facilities and numerous additional benefits to the
predominantly low-income local community since opening in October of 2014. Mr.
Beckelman negotiated the redevelopment agreement for the project. The firm’s
attorneys also negotiated an environmental remediation agreement for the
property and handled the closing for the sale of the property.