Skip to content

A town square for an unsquare town

redbankgreen

Standing for the vitality of Red Bank, its community, and the fun we have together.

LAWSUIT DELAYS HAMPTON INN DECISION

hot-topic rightA possible vote on whether to allow the construction of a six-story hotel on the Red Bank anchorage of the Cooper Bridge was postponed Wednesday night after a borough resident filed a lawsuit challenging the plan.

After 40 minutes behind closed doors, the town’s planning board voted to postpone a scheduled hearing on the proposal for a 72-room Hampton Inn until September 19 so that its members could “digest” the lawsuit, filed in state Superior Court in Freehold Tuesday.

Meantime, Ron Gasiorowski, a lawyer representing Prospect Avenue resident Stephen Mitchell, hopes to persuade the court that the matter belongs before the zoning board, not the planning board.

Through Gasiorowski, Mitchell maintains that the hotel’s developer, Rbank Capital LLC, got off easy after zoning officer Donna Smith Barr determined that a hotel was prohibited at the proposed site, home to a disused Exxon station at the intersection of Route 35 South and Rector Place.

Smith Barr cited a 2009 land use law change that allowed only single-family housing along once-stately Rector Place.

Instead of seeking a variance within 20 days of Smith Barr’s decision, as required by law, said Gasiorowski, Rbank Capital sought a zoning board interpretation of whether the ordinance was intended to apply to the proposed hotel site. The zoning board ruled in May that the borough council had not intended to include the Exxon site, which has only about 40 feet of frontage on Rector.

Mitchell’s lawsuit, which names both boards as well as Rbank Capital as defendants, seeks to undo what Gasiorowski claims was a procedural error, and force the case back to the zoning board, where the standards for winning variances are stiffer than those for planning board approvals.

“The zoning officer determined they needed a use variance,” and Rbank had 20 days under the law to seek an appeal of that ruling, he said. But the 20 days had lapsed when Rbank asked for the interpretation, he said.

“My position is that if you don’t file an appeal within 20 days, then you’re precluded from asking for an interpretation,” he told a cluster of reporters after the aborted hearing.

“They have to apply for a use variance,” he said. “They can’t get in through the back door.”

Planning board attorney Michael Leckstein said the board could have proceeded with the hearing but decided it wanted time to study the claims in the suit.

Here’s the Mitchell filing: mitchell-v-rbzb-l-4210-11

Follow Red Bank Green on Instagram
@redbankgreen
Remember: Nothing makes a Red Bank friend happier than to hear "I saw you on Red Bank Green!"
redbankgreen Classics
Partyline
APOSTROPHE CATASTROPHE
As a curmudgeonly curator of terrible punctuation on public signs, I’ve seen and shaken my head at a lot of gratuitous quotation marks ...
DANE FOR DEMOCRACY
redbankgreen Partyline captures a great dane who, all signs indicate, has had enough.
SUNFLOWER GAUNTLET
On the Partyline: a sunflower guantlet on River Street.
VIGIL FOR 68 DEAD
About 100 people attended a Saturday vigil at Johnny Jazz Park in Red Bank as part of a nationwide series of events to mourn the lives of pe ...
LITTERBUGS HIT MARINE PARK
Partyline PSA: Please don't leave your trash in our nice new park!
PARKING SUCCESS AT RED ROCK
All these people found parking for the Cliffs at Red Rock!
SHO AND TELL
A peak inside Sho Asian Table a new restaurant still under construction and slated to open later this summer at 8 West Front Street in Red B ...
“Night of the Living Nick” Halloween Car Turns Heads
Nick Brown, a special effects artist from the Atlantic Highlands, was seen driving his creatively decorated Halloween car around Red Bank th ...
“HOLY F***!” LIGHTNING STRIKE FROM WASHINGTON STREET BACKYARD
Lightning struck during Saturday’s storms in the backyard of Washington Street resident Kimberly Johnson. The strike obviously caught ever ...
SMOKY NAVESINK SUNRISE
redbankgreen's partyline photographer Karly Swaim captured the sun rising through hazy, smoky skies above the Navesink River from NJ Transit ...
MAGGIE’S HEAT WAVE HAIRCUT
Maggie, a golden doodle who belongs to Sara Horan, shows off her new shorter-for-summer hair cut outside Fins & Feathers on Monmouth Street ...
PEACE, LOVE AND JUGGLING
Music and flow arts filled Riverside Gardens Park Friday night at the free flow arts meetup hosted by Cirque de Peace, with guest band Sweet ...
IMMIGRATION PROTESTS CONTINUE
Protests against a wave of immigration arrests in Red Bank and nationwide continued for a third and fourth straight day on Shrewsbury Avenue ...
CARS, BARS AND VANS
Middletown resident Rob King was cruising through the Red Bank municipal parking lot behind the Dublin House Saturday night in his 1969 Plym ...
TWO SHORTS IN FILMONEFEST
Leonardo Morales Pitalua, a 20-year-old animator who lived in Red Bank until February, will have two short films shown at FilmOneFest in Hig ...
LONG DOGGONE WAIT
Partyline photo: The driver of an e-bike and his human passenger wait at the Monmouth Street train crossing while a northbound NJ Transit tr ...
WE’RE LICHEN THIS FUNGHI!
A mushroom sprouts from the mouth-like hole in this lichen-covered tree on the grounds of Red Bank Primary School Tuesday morning.
HELL STRIP FIREWORKS
Revelers launched fireworks from the hell strip in front of a home on Drs. James Parker Boulevard on July 4, one of many impromptu and quest ...
SWIMMING, ER, SCULLING RIVER?
Partyline photo captures a single rower working their way up the Swimming River.
SUMMER SUNRISE
A stunning Sunrise on the Navesink River in Red Bank Tuesday June 30.