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.

Business

A CHANGE OF ADDRESS FOR PLANNED HOTEL?

Hampton Inn attorney Marty McGann cross-examines opposition witness Gordon Gemma, center, as lawyer Ron Gasiorowski looks on Thursday night. (Click to enlarge)

By JOHN T. WARD

The developers of proposed 72-room Hampton Inn in Red Bank insist the property on which the hotel would be built is not on Rector Place.

Problem: they previously agreed that it was.

Easily the most multifaceted and complex case to confront  borough land use officials in years, the hotel, which would be built on the site of a closed Exxon station at the foot of the Cooper Bridge, has spawned three lawsuits and long-running, simultaneous sets of hearings at the planning and zoning boards.

At issue at the zoning board is a challenge by borough resident Stephen Mitchell, backed by a competing hotel group, who has asked that the board determine whether the main case was mistakenly sent by officials to the planning board. By his reckoning, the proposed six-story hotel violates the height limits of the waterfront development zone, and thus needs variances from the zoning board.

Mitchell’s challenge has led to three sessions resembling a trial, with lawyers for the opposing sides frequently clashing over rules of evidence and the relevance of questions in cross-examination.

On Thursday night, the thing got even more bizarre, as a witness for the hotel testified its property is not in any way on Rector Place.

Though borough tax records, the post office and a flurry of legislative activity over the property in 2009 all identify the site as 80 Rector Place, an engineer for developer Rbank Capital LLC insisted Thursday night that not only does the site “front” on Route 35, but that it has no frontage whatsoever on Rector Place.

His proof: agreements between the borough and the state Department of Transportation, as well as a finely detailed roadway jurisdiction map. All, he said, show that a 40-foot stretch of the property long identified as being on Rector actually fronts on Route 35.

Exiting the property from that area would put a pedestrian smack on state property, not Rector Place, which is a Monmouth County road, says hotel lawyer Marty McGann.

The issue is key, McGann said, in  determining how to apply a measurement formula in a zoning ordinance to gauge whether the proposed hotel is too tall.

To prevail, though, McGann will have to overcome a wealth of contradictory evidence, including borough tax and other designations.

He’ll also have to reverse the stance taken by of his own client three years ago.

That’s when Rbank Capital sought, and obtained, a decision from the borough council that, despite its street address, the property had previously been included by mistake on a list of residential properties along Rector Place in an ordinance that aimed to preserve old homes. At no time, however, did Rbank representatives claim that the property had no Rector Street frontage.

McGann said the existence of the documents cited Thursday night was unknown at the time.

But Mitchell’s lawyer, Ron Gasiorowski, made clear he regards the frontage issue as a red herring. The ordinance, he maintains, makes no reference to frontage in its formula for determining where to measure a building’s height. Instead, he said, it requires a line be drawn between the river and “the nearest parallel roadway,” which he says is Rector Place.

And just as McGann maintains that the post office designation “is based on public convenience” and has nothing to do with zoning, Gasiorowski claims the highway jurisdiction agreements have nothing to do with zoning, either.

The hearing was tentatively scheduled to resume May 17.

Remember: Nothing makes a Red Bank friend happier than to hear "I saw you on Red Bank Green!"
redbankgreen Classics
Partyline
“That should be on Red Bank Green!”

If you've ever thought that, join the 24 readers who've signed up to post their own stories on Red Bank Green.

Become a Partyliner
Partyline
LET’S SEE YOUR KINDLE DO THIS
A stack of books served as a chock while a motorist changed a flat tire on Branch Avenue Wednesday afternoon. Submitted by John T. Ward 20th ...
NEW WELCOME SIGN INSTALLED
A new "Welcome to Red Bank" sign has gone up at the northern Route 35 entrance to town at the foot of Cooper's Bridge.
JUNIOR BUCS WRESTLING WELCOMES YOUNG ATHLETES FOR 22ND SEASON
Junior Bucs Wrestling is preparing for its 22nd season, offering boys and girls from Red Bank, Shrewsbury, and Little Silver an opportunity ...
TIME FOR SCHOOL, DEER
Fall has arrived and so have the middle school loving deer!
JUST IN TIME FOR THE FALL CLASSIC
Just in time for the start of the World Series later this week baseball-themed paintings by artist Max Maxon hang in the windows of the Art ...
DINNER PLANS?
Chipotle in Red Bank Sunday evening will donate a quarter of proceeds from sales Sunday to the volunteer Red Bank Fire Department auxiliary.
KENNY KATZGRAU TEACHES VIBE CODE SESSION AT LOCAL NEWS CAMP
Kenny Katzgrau, publisher of Red Bank Green, is running a vibe code session, teaching other publishers to vibe code at Blue Engine Collectiv ...
Her Majesty visits Red Bank
Navesink Queen docked at the Molly Pitcher Marina. (Photo and text by Partyline contributor Boris Kofman)   20th Anniversary Become a G ...
RED BANK DINER MONEY TREE
On the redbankgreen Partyline: sunshine and a money tree at the Red Bank Diner.
NAVESINK LIGHTS
Riverview Hospital lights up the Navesink. (Text and photo by Partyline contributor Terry Franco)   20th Anniversary Become a Guardian ...
HALF BAKED BROAD STREET
Broad Street repaving begins with road subject to overnight closures.
COLOR RUN AT RED BANK PRIMARY SCHOOL
redbankgreen Partyline happens upon a cloud of color at annual color run event at Red Bank Primary School.
I’LL EAT IT HERE, THANKS
A squirrel goes all-in for a popular autumn flavor on Madison Avenue in Red Bank Sunday morning.
POP UP TACOS DRAW CROWD
How’s this for a train station redevelopment idea? The pop-up taco vendors Tacos Los Mandones, known on social media as El Mandoon, dr ...
LONG LIVE LOCAL NEWS!
"Long Live Local News" flags from redbankgreen's 20th anniversary celebration in Marine Park Tuesday prove to be the perfect compliment to s ...
MUMS AND WITCHES
17 Prospect Ave (Photo by Partyline contributor Chris Havens)   20th Anniversary Become a Guardian of the Green Guardians of the Green ...
KAYAKERS CLEAR RIVER JUNK
Partyline photo: "The Navesink Nymphs" clear floating tires from the river.
PAINT IT PURPLE?
Caption: ‘Should it be done purple?’ Perfect day. (Photo and text by Partyline contributor Chris Havens)   20th Anniversary ...
MANTIS (PRAYING) AT CHURCH
Partyliner photographs praying mantis at church.
SOMEWHERE OVER THE RAINBOW
Stunning rainbow over Red Bank as a big weekend storm approaches.
Become a Guardian of the Green. Help redbankgreen stand for 100 years. Help us get to our first 100 Guardians · joined by Alan Fisher and 7 others
Become a Guardian