Hotel Development Vote Halted By Suit

A potential vote on the proposed development of a was delayed Wednesday night after the Planning Board received a lawsuit alleging the matter needs zoning, not planning approval

Board attorney Michael Leckstein made the suggestion that the board put off discussing the project until it’s next meeting this month to give its members time to digest the lawsuit, which he said had just been delivered earlier that day.

The suit, filed on behalf of borough resident Stephen Mitchell, an environmental commission alternate, alleges that developers failed to follow procedure when they filed for an interpretation of a zoning rule after an imposed 20-day deadline. Essentially, builders had hoped to circumvent a rule that states that only a single-family home could be built along Rector Place by filing for an interpretation with the borough’s zoning officer instead of seeking a use-variance from the zoning board.

Mitchell’s attorney, Ron Gasiorowski, said builders tried the move in an effort to “get in through the backdoor,” by circumventing the borough’s zoning ordinances and going straight to the Planning Board for help in overcoming even more variances.

“This board doesn’t have jurisdiction to hear this,” he said.

The suit was filed earlier this week. Gasiorowski said the matter needed to be resolved by a higher court before builders can proceed with their plan to build their hotel on an acre-site along the Navesink River.

Leckstein said the board wasn’t precluded from discussing the development plan and the more than 20 variances the builder would need to put a large hotel on a small piece of land that was formerly home to a gas station, but that it was in the best interest of the board and the borough to have time to consider the lawsuit before moving forward.

“What he’s saying is that it should be here,” he said. “That’s why he sued (the Planning Board).”

Mitchell has led the charge against the proposed hotel plan, saying that it’s not the right fit for the neighborhood, or for Red Bank. Among the variances the builder would need to put the hotel at 80 Rector Place include minimum front, back, and side yard setbacks.

The lot also includes some open space, which has been mostly neglected by the borough. The developers said they would maintain a waterfront boardwalk and make it available to the public in exchange for allowing them to locate there.

Other issues facing developers are traffic. Mayor Pat Menna, who sits on the Planning Board, said the reason the gas station failed there was because locals would the driving risks it took to get there.

Check out the accompanying PDF of the lawsuit in the photo box.