Opposition Looks to Block Red Bank Hotel

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By John Burton
RED BANK – There was a lot of sparring Monday night over a proposed hotel, as lawyers representing opposing sides squared off and even Planning Board members offered differing views regarding public safety and the project.
As the borough planning board continued to hear the application for RBank Capital, LLC to construct a six-story, 76-room Hampton Inn and Suites at the borough’s Highway 35 border, it was confronted with a lawyer representing an entity offering a formal objection to the plan.
Red Bank attorney Ron Gasiorowski – a familiar face for land use boards, regularly representing objectors, and a familiar name in the context of this project – announced he was representing a limited liability company that opposed the hotel. Gasiorowski said his client of record is CT95CT07, 200 Park Ave., LLC.
That enigmatic announcement was immediately challenged by attorney Martin A. McGann Jr., representing RBank Capital, who demanded more specifics about the clients and their ability to legally oppose the project.
Gasiorowski relented. “I acknowledge they are hotel owners,” he told McGann and the board.
“Here we go again,” McGann countered.
Back in 2012, Gasiorowski – after being pressured by the borough Zoning Board of Adjustment attorney – announced he was representing Tinton Falls Lodging Realty, LLC, and its principals, brothers Carey and Doren Tajfel. The brothers own and operate Doubletree Hotel by Hilton, a franchised hotel at 700 Hope Road, Tinton Falls. At that time Gasiorowski also represented a borough resident opposing the project on environmental grounds and because of the size and scope of what was proposed; but Gasiorowski conceded in 2012 Tinton Falls Lodging Realty was paying the legal fees. Gasiorowski had filed two separate lawsuits challenging this project, with the developer eventually withdrawing the application.
“I represent to you it is the same objector,” McGann charged. And Gasiorowski conceded there is some overlap of principals in the LLCs.
McGann fired back about this announcement, arguing, as he had four years ago that “out of town objectors don’t have jurisdiction” and legal standing to object under state land use law, which is backed up by case law.
“There is a difference between having standing and having an interest,” Gasiorowski maintained. And his clients, CT95CT07, 200 Park Ave., LLC, have recently rented office space in Red Bank, thus establishing an interest in the project and allowing them to voice objection.
The office space is in the Broad Street building where Gasiorowski has his law offices. McGann alleged leasing office space was only a ploy to allow the objections.
“I would not appear before this board unless I was comfortable,” with his client’s position, Gasiorowski offered, adding he had never seen the clients’ lease.
Gasiorowski proceeded to question the developer’s professional planner about technical aspects of the project as well as environmental considerations of the site and about traffic concerns.
Traffic concerns were on the minds of board members, too. Specifically, the hotel’s plans to allow traffic traveling north on Highway 35 to make a direct left hand turn into the site.
The hotel would be built on a long-vacant gas station property on the southern end of the Coopers Bridge, overlooking the Swimming/Navesink River, at the Highway 35/Rector Place intersection.
McGann said the developer is seeking state Department of Transportation (DOT) approval to allow the left-hand turn in a designated lane, across two lanes of southbound traffic, with the state yet to make its decision.
“The DOT has sole jurisdiction over this,” McGann insisted.
That’s a matter to be determined, suspected board attorney Michael Leckstein, believing the board has considerable input in that decision. “I don’t think power is taken away from us.”
“I remember when there was a gas station there,” board member Guy Maretta said. “I remember the near collisions,” from traffic entering and leaving the site.
“We want smart growth,” with development, Maretta added. “It’s not smart to put the public at risk.”
Board member Stanley Sickels replied that without a highway dividing barrier at that point “people are going to make that turn anyway,” which is more dangerous without a designated lane.
“We have the ability to do it right, to keep people safe,” and should design it that way, Maretta countered.
“Let’s let the DOT make its decision,” McGann advised, believing the board could approve the plan contingent on the state’s final verdict.
Larry Cohen, Old Bridge, is the managing principal of RBank Capital. He told the board on Monday the franchised Hampton Inn would be “looking to cater to the transient business traveler” who would likely stay for a couple days. There would be no bar or restaurant, serving only a continental breakfast. The site would have an outdoor pool and Cohen planned to construct a boardwalk along the riverfront for the length of the property for public access to the river, as required by borough ordinance.
Given the standing 3 percent borough hotel tax, the Hampton Inn would contribute approximately $75-$80,000 annually to the borough, in addition to the property tax, Cohen said.
Professional planner Roy K. DeBoer said the location had been a hotel, the Standler’s recreation center, dating back to the early 20th century. It had been a gas station from the 1940s, DeBoer said.
The board will again hear the application on Feb. 4, and Leckstein asked to see the lease for the borough office space taken by Gasiorowski’s clients.