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.

LAWYERS SQUARE OFF OVER 24/7 7-ELEVEN

The Welsh Farms store on East Front Street, site of a planned 7-Eleven, would be banned from opening all night under a law passed Wednesday night. (Click to enlarge)

By JOHN T. WARD

In a contentious exchange that appeared to foreshadow a lawsuit to come, a lawyer for a Red Bank convenience store challenged the rationale for a new local law that banned all-night businesses Wednesday night.

Squaring off against three lawyers sitting on the council dais, store attorney Philip San Filippo said a revision to a noise ordinance passed by the governing body just moments later was overly broad in scope and designed solely to torpedo his client’s plans, now pending at the borough planning board, to convert the store to a 24-hour 7-Eleven.

The law, cast as an amendment to a noise ordinance, was “absolutely” designed with his client’s plans in mind, San Filippo told reporters afterward.

“It absolutely was not,” insisted Councilman Mike DuPont, even as he touted the hastily enacted law as a “creative” response to a problem.

Welsh Farms owner Dina Enterprises is scheduled to return to the planning board on May 21 for what is expected to be a vote on its proposal, which calls for a small expansion and changes in signage.

The plan, however, has met fierce opposition by neighbors. They say allowing the store, which now closes at 10 p.m., to operate all night raises security and quality-of-life issues.

At the council’s April 26 session, Mayor Pasquale Menna, who is an attorney and a member of the planning board, introduced the noise ordinance amendment. The item was not on the agenda, and no written copies were available. Afterward, asked why the council was acting in such a rush, Menna told redbankgreen: “Get it done now.”

The law doesn’t affect existing businesses, only those within 100 feet of a residential zone that are not already open after 11 p.m. Restaurants and bars are also exempted.

Now, though, even if Dina Enterprises is successful at the planning board, the Welsh Farms would be barred from opening all night. San Filippo said he would consult with his client about the possibility of filing suit against the council.

That prospect was already in DuPont’s mind when the public comment portion of the meeting opened and San Filippo began asking questions about police department data cited at the April 26 introduction. That data purported to show a pattern of disturbances requiring police intervention at convenience stores late at night.

DuPont, a lawyer whose office is next door to SanFilippo’s on Broad Street, repeatedly cut off San Filippo.

“Your asking questions which I find to be alluding to or insinuating that the statistical date didn’t support the vote,” he said. “It’s kind of disappointing. It was a creative way to protect our neighborhoods from all-night establishments that had never been there before.”

San Filippo, though, argued that the kinds of disturbances cited in the data are already against the law, whereas the amendment seeks to curtail land use without going through the process of vetting the change against the town’s Master Plan and land-use bodies.

“If you’re really concerned with noise associated with businesses located in proximity to residences, then let’s deal with the activity that generates the noise,” he said.

Menna and borough Attorney Dan O’Hern defended the change as supported by court precedent. O’Hern also said the change reflected “common sense. If you put a 24-hour operation within 100 feet of residences, that’s going to interfere with the peace, quiet and solitude of the residents nearby.”

Here’s the ordinance: 2012-8001

Remember: Nothing makes a Red Bank friend happier than to hear "I saw you on Red Bank Green!"
redbankgreen Classics
Partyline
SIDEWALK GOES FROM WORST TO FIRST
P (photo by Brian Donohue) What had been, in our estimation – and apparently in the eyes of the several people who have emailed and te ...
RED BANK: PEERING FROM ON HIGH, ACROSS THE DECADES
Roofers on the Azalea Red Bank top off the project in the shadow of a sculpture depicting another generation of construction workers who toi ...
BRICK FACELIFT CONTINUES ON MONMOUTH STREET
A million-dollar brick sidwalk makeover of Monmouth Street in Red Bank continues.
JAY AND SILENT EAGLE
A very loud blue jay squawks at an indiferent bald eagle in a treetop alongside the Swimming River in Red Bank this week. (Partyline photo b ...
PIZZA LOVING SQUIRREL SPOTTED IN RED BANK
Pizza squirrel spotted in Red Bank. (click to read)
GET YOUR MA SOMETHIN’ NICE AT THE RED BANK FARMERS MARKET
It’s a beautiful and sunny Mother’s Day for the first instance of the farmer’s market, held every Sunday, beginning in May ...
SIGN? WHAT SIGN?
Folks in Red Bank Wednesday exercising their riparian rights to access tidal waters first encoded into Roman law in 500 AD and later adopted ...
FANTASTIC MR. FOX
Partyline contributor captures photo of backyard fox.
STRIPER RUN AT MARINE PARK
An angler pulls in a striped bass from the Marine Park bulkhead Tuesday evening. (photo by Partyline contributor Boris Kofman)  
COLD AS CANADA? CHECK.
A pair of goose sculptures propped atop an air conditioning unit on River Street in Red Bank.
SUNRISE OVER A GLASSY NAVESINK
Sunrise over the Navesink River, seen from NJ Transit Train 3320. (photo by Partyline contributor Karly Swaim)  
A BLAST FROM THE PAST
NJ Transit "heritage" locomotive makes an appearance at the Red Bank station.
RBFD SNUFFS OUT SMALL APARTMENT FIRE
A small fire that started in a light fixture at the Colony House apartments in Red Bank was quickly put out by members of the Red Band Volun ...
HEAVENLY RED BANK
Rays burst from behind clouds at the sun begins to set over the Navesink River. (photo by Partyline contributor Thomas Doremus)
IN THE FLOW STATE AT RIVESIDE GARDENS
Flow artists in Riverside Gardens Park Friday night. ( photo by Partyline Contributor Karly Swaim)
MAILBOXES HEAD TO HISTORY’S SCRAP HEAP
Sign of the digital age: mailboxes hauled away from Red Bank post office to storage.
HOVERING CHOPPER
What’s going on here? Last Sunday. Hovering around for quite a while. (Photo and text by Partyline contributor Rosaleen Perry)   ...
RBMS HOOPS CHAMPS HONORED
The Red Bank Middle School girls basketball team is honored for their championship season. (click for more)
NAVESINK SUNSET
Sunset sunburst over Riverside Gardens Park (photo by Partyline contributor Thomas Doremus)
RIVERSIDE SUNSET
Sunday’s sunset shot from Riverside Gardens Park. (Photo by Partyline contributor Thomas Doremus) —