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.

Environment

RED BANK WINS HOTEL HEIGHT CHALLENGE

gasiorowski-072512-500x375-3862335Attorney Ron Gasiorowski, above, has repeatedly challenged a proposed six-story Hampton Inn on the site of a former filling station, below.  (Photo by John T. Ward. Click to enlarge)

By JOHN T. WARD

hampton-1-031812-220x165-5207300The long-running saga of a proposed Hampton Inn at Red Bank’s northern gateway took a turn this month with a win by the borough in court.

In an April 7 decision, Superior Court Judge Thomas Scully in Freehold rejected a challenge to a 2012 zoning change that raised the building-height limit at the proposed hotel site, at the foot of the Route 35 Cooper Bridge.

The decision, unless overturned on appeal, is expected to clear the way for the hotel’s developer, Rbank Capital, to return to the planning board with the most significant hurdle to the plan nullified.

The height-law change by the borough council was enacted in July, 2012, two months after the zoning board ruled that the hotel would exceed the height limit for its zone. The change allowed a building 82.4 feet tall, or seven stories, in the waterfront development zone.

At the time, and in court filings since, town officials characterized the change and others as an attempt to clarify murky and contradictory rules affecting the entire waterfront development zone, not solely the hotel property.

But it also removed the most significant obstacle to the proposed hotel, which several town officials, including Councilman Mike DuPont, had openly endorsed for the site, which is home to a long-disused Exxon station.

Attorney Ron Gasiorowski, who had previously and successefully sue the town over its handling of the hotel plan on behalf of environmentalist Stephen Mitchell – though his attorney fees got paid by the owners of the DoubleTree by Hilton Hotel on Hope Road in Tinton Falls – filed another one over the zone change on behalf of plaintiff Angela Agazzi, a Wallace Street resident and real estate agent. He argued that the changes were made without proper notice to neighbors; violated the town’s Master Plan; and that the town had engaged in “contract zoning” to allow the developer to contravene zoning law.

Scully rejected all those arguments, saying Gasiorowski had failed to show the amendments have “no rational relationship to the public health, morals, safety or welfare.”

“Basically, the governing body’s actions were all found to be legal,” borough Attorney Dan O’Hern told redbankgreen Wednesday.

Gasiorowski could not be reached Thursday morning for comment on a possible appeal. Nor could Rbank Capital attorney Marty McGann, on his client’s plans.

Here’s Gasiorowski’s challenge: Agazzi Trial Brief 9.10.13

Here’s how the town defended the changes: Red Bank’s Trial Brief 10.8.13

Here’s Scully’s decision: Agazzi v. Red Bank, Opinion of Court 4-7-14

 

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
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.
“FESTIVA” YACHT DOCKED AT MARINE PARK
Festiva, an 85-foot yacht, was docked at Marine Park on Friday night. Red Bank Green spoke to the owner, Everett Moore, who said that it was ...
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