By John Burton and Liz Sheehan
SEA BRIGHT – A long and grueling process ended in ultimate victory for the owner of the Mad Hatter bar and restaurant and his plans to rebuild and expand.
On what was the ninth and equally lengthy hearing on Thursday, June 30, on the plan to reconstruct the Sandy-damaged popular oceanfront spot, the borough Planning Board voted 6-3 to approve the plan.
As with many recent building and zoning issues, the legal battle may not be over. After more than a three-hour hearing and a board vote which came after 11 p.m., Scott and Amy Kelly, the couple who have owned Mad Hatter since January 2006, hugged each other and were met with rounds of applause from supporters who regularly attended months of hearings and continued to voice their endorsement for the site’s rebuilding.
SEA BRIGHT – A long and grueling process ended in ultimate victory for the owner of the Mad Hatter bar and restaurant and his plans to rebuild and expand.
On what was the ninth and equally lengthy hearing on Thursday, June 30, on the plan to reconstruct the Sandy-damaged popular oceanfront spot, the borough Planning Board voted 6-3 to approve the plan.
As with many recent building and zoning issues, the legal battle may not be over. After more than a three-hour hearing and a board vote which came after 11 p.m., Scott and Amy Kelly, the couple who have owned Mad Hatter since January 2006, hugged each other and were met with rounds of applause from supporters who regularly attended months of hearings and continued to voice their endorsement for the site’s rebuilding.
But there was opposition during these hearings as well. Jennifer Walsh, who has been opposing the plan, offered an emailed statement in the days following the vote. In her statement Walsh noted after discussing the matter with her lawyer, Ron Gasiorowski, “[W]e are evaluating the options for further action.”
Gasiorowski said he and his client would review the resolution after it is finalized, and weigh the possibility of an appeal. Under state land use law, an objector has 45 business days following the resolution to file an appeal and have the decision evaluated by the state Superior Court. Walsh, who lives near the Mad Hatter’s Ocean Avenue site, continued to express concerns over the expanded size, and the larger crowds it would attract, as well as the associated noise, traffic and parking needs.
Gasiorowski said he and his client would review the resolution after it is finalized, and weigh the possibility of an appeal. Under state land use law, an objector has 45 business days following the resolution to file an appeal and have the decision evaluated by the state Superior Court. Walsh, who lives near the Mad Hatter’s Ocean Avenue site, continued to express concerns over the expanded size, and the larger crowds it would attract, as well as the associated noise, traffic and parking needs.
“I continue to support the Mad Hatter rebuilding to its existing size and successful business model as a single floor bar-restaurant with an outdoor patio and office/residential space above, plus elevating to comply with the new flood plain elevation, thus satisfying the requirements for safety and sustainability,” Walsh said in her statement.
The Kellys, through their Kelly Management Group, LLC, plan to construct a 43- foot structure (42 is the maximum under current borough standards), with no setback restrictions. The three-story building would have a ground floor restaurant and retail kiosk, and the upper floors would have bars and outside decks. The facility would operate from 11 a.m. to 2 a.m. daily.
The Kellys, through their Kelly Management Group, LLC, plan to construct a 43- foot structure (42 is the maximum under current borough standards), with no setback restrictions. The three-story building would have a ground floor restaurant and retail kiosk, and the upper floors would have bars and outside decks. The facility would operate from 11 a.m. to 2 a.m. daily.
Brian Kelly testified the site would have live music on busier evenings and play recorded music through the business’ sound system the rest of time.
As a concession to some of the concerns expressed during the hearings, Kelly plans to stop live music earlier than previously planned and install thick glass enclosures on the deck areas to contain noise.
Like much of Sea Bright, the popular Mad Hatter, 10 East Ocean Ave., sustained substantial damage from Sandy. Kelly said previously the site had as much as 6 to 8 feet of water, with sand, mud and debris from the storm.
As a concession to some of the concerns expressed during the hearings, Kelly plans to stop live music earlier than previously planned and install thick glass enclosures on the deck areas to contain noise.
Like much of Sea Bright, the popular Mad Hatter, 10 East Ocean Ave., sustained substantial damage from Sandy. Kelly said previously the site had as much as 6 to 8 feet of water, with sand, mud and debris from the storm.
The New Jersey Economic Development Authority previously provided the Kellys with a 10-year, $5 million low-interest loan to assist in rebuilding the project which Brian Kelly said would cost approximately $15 million to accomplish.
While there were those who voiced objections, the Kellys have received seemingly substantial public support, with those in favor donning T-shirts and commenting on social media, as well regularly voicing their beliefs that the rebuilding would help with Sea Bright’s continuing efforts to return to normal following Sandy’s devastation.
But Walsh and others have said the plan would put a further burden on parking resources and impact quality of life for residents.
Walsh, who has a 3-year-old son, said she has received two anonymous letters she felt were threatening because of her objections.
While there were those who voiced objections, the Kellys have received seemingly substantial public support, with those in favor donning T-shirts and commenting on social media, as well regularly voicing their beliefs that the rebuilding would help with Sea Bright’s continuing efforts to return to normal following Sandy’s devastation.
But Walsh and others have said the plan would put a further burden on parking resources and impact quality of life for residents.
Walsh, who has a 3-year-old son, said she has received two anonymous letters she felt were threatening because of her objections.
