Developer sues to be heard

The Courier

March 27, 2003

MIDDLETOWN – On Friday, Superior Court Judge Lawrence Lawson heard arguments on a lawsuit filed by the developer of a proposed $170 million town square in Middletown seeking to force the Planning Board to hear a smaller version of the project.

Lawson’s decision in the matter is pending and could be rendered in approximately 10 days.

The developer the Mountain Hill Group, Middletown is trying to proceed with two applications before two separate boards at the same time.

Earlier this year, Zoning Officer Marianne Hanko withdrew an application by the Mountain Hill Group ruling that the proposed project would be larger than the zoning allows at the site.

The newest application contains less residential and more retail commercial space, according to Mountain Hill attorney Gary Fox.

Fox said Hanko, in her ruling added parking garages to make her determination that the second application is larger than the zoning allows.

Fox is also challenging a determination made by the Zoning Board in October that ruled that parking garages should be included in the calculations to determine the size of the property.

The proposed Town Square will be a mixed uses including restaurants, retail establishments, office buildings, an ice rink, movie theatre, health club, apartment/style lofts, parks and jogging trails.

The proposed Town Square is for a 137- acre site bounded by Route 35, Kings Highway East and Kanes Lane.

Principals in the Mountain Hill Group are Phillip Scaduto and Joseph Azzolina Jr., vice presidents of Food Circus Supermarkets of Middletown.