By John Burton
SEA BRIGHT – The attorney representing an objector in the excruciatingly protracted Mad Hatter rebuilding application has his own objections to a Planning Board member’s Facebook posts.
At Tuesday evening’s planning board hearing on the lengthy application to reconstruct the Ocean Avenue restaurant and bar damaged by Super Storm Sandy, Ron Gasiorowski, the Red Bank attorney representing an objector, challenged board member Jon Schwartz over two posts purported to be Schwartz’s regarding the application.
Gasiorowski asked about the two posts dated last Dec. 19, which suggests the public attend the Jan. 26 planning board meeting on the Mad Hatter application. One post said the reason people should attend is to “see WHY the rebuild is being held up,” followed by a frowning emoji.
The other post offered the same suggestion to attend “and see how Nancy Mulheren is holding the building up,” also followed by the same angry emoji.
Mulheren, a Rumson resident, is a principal in JMN Holdings, Inc., which owns a now-vacant Ocean Avenue property next to the Mad Hatter’s location. JMN Holdings was another attorney-represented objector to the project, but has since withdrawn its objections.
Gasiorowski first questioned if Schwartz had indeed made the social media posts, and if so he sought Schwartz’s recusal from this application.
Schwartz gave a non-response, telling the attorney “I’m not going to answer,” neither accepting nor denying responsibility for the comments, and did not step down.
Board attorney Kerry Higgins told Gasiorowski “It is the problem with Facebook,” that some posts attributed to people are “put out there (and) are not theirs.”
Board chairman C. Lance Cunningham saw the posts as simply “He’s (Schwartz) urging the general public to come,” to the hearing.
Later, Gasiorowski said board members in their quasi-judicial capacity “are functioning as a jury,” charged with impartially evaluating the legal aspects of what the developer is hoping to do and the issues raised by the public.
The solution to any conflict is simple, Gasiorowski maintained. “All he had to do was recuse himself,” he said. “What do you think a judge would say when he hears that?” he added, hinting at a possible Superior Court appeal if the board approves the project.
Attorney Kevin Asadi, representing Kelly Management Group, LLC, which is looking to rebuild and expand the currently closed Mad Hatter, said following the hearing, “I’m not going to comment on that,” believing the Facebook posts “just look like he’s encouraging people to attend.”
Following the hearing, Schwartz said he didn’t respond to the Gariorowski’s inquiry because “I don’t think it was something that I should have.”
He also believed it’s it was part of the lawyer’s strategy to block the project.
“It’s quite obvious what’s going on,” he said.
“I understand,” Schwartz continued, “I wouldn’t want to live next to a bar, too.” But, “It’s always been a bar and the Kellys (Mad Hatter owners) have been good neighbors and have tried to do what the neighbors asked.”
The owners are seeking board approval to rebuild the popular beachfront spot, wrecked during the October 2012 storm that devastated Sea Bright. Along with rebuilding, they would like to expand the size of the business, building three levels with an outside deck and other amenities. The Kellys have received substantial and vocal support with many coming forward to say they see this as a welcomed return of a longstanding business that will benefit the community. However, over the course of many months of hours-long hearings, some have raised concerns and objections, fearing the project is too big, too intense of a use and would negatively impact their quality of life, be noisy and strain available public parking.
The board will again hear the application on June 30.
