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Court Upholds Stone Harbor Planning Board Decision

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By Vince Conti

STONE HARBOR – The Stone Harbor Planning Board first gave its approval for variances and a subdivision on Sunrise Drive in February 2020. The controversial subdivision is being developed by Charles Street Developers. A principal of the company is Charles Krafczek, a member of Stone Harbor Borough Council. Krafczek recused himself at all Planning Board hearings on the matter. 

Litigation followed the initial variance decision, as a group of neighbors opposed the Planning Board’s action. The court remanded the issue back to the Planning Board for findings based on supplemental testimony. That hearing was held in January 2021 and ended with the board reaffirming its earlier decision (https://bit.ly/3qquvAS). Only one member of the board said that new testimony changed his mind. All exhibits and transcripts from the remand hearing were sent to the court. 

Following oral argument June 14, Superior Court Judge James Savio issued his final order and judgment, ruling that the determination by the Planning Board to grant the variances and subdivision was “not arbitrary, capricious, nor unreasonable.”  

He affirmed the board’s decision and stated that the order constitutes “a final judgment disposing of all claims under the consolidated docket.” 

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