BY LAYLI WHYTE
Staff Writer

RED BANK - After some borough residents pointed out a possible conflict of interest at last week's Zoning Board meeting, the board decided to have an attorney look into the issues.

The possible conflict was first pointed out by Steve Fitzpatrick, of Chestnut Street, who said he was uncomfortable with the fact that Board Attorney Kevin Kennedy is a tenant of land use attorney Martin A. McGann, who represents many applicants appearing before the board, including Matrix I and II.

Matrix I and II are applications for two developments on Bridge Avenue, also known as Lincoln Square and Chelsea Place, respectively.

The two applications were set to be heard by the board at the Sept. 21 board meeting, both being represented by McGann.

Fitzpatrick made a statement before testimony on either application began, saying that even the appearance of a conflict "strikes at the public trust."

Both Kennedy and McGann disclosed their relationship in their ethics disclosure forms with the borough, and Kennedy announces the relationship on the occasions that McGann represents applicants in front of the board.

William E. Meyer, an attorney with an office on Monmouth Street, said that he did not think the application should move forward until the possible conflict of interest was well researched.

"Many cases," he said, "speak about appearances, not if the conflict actually exists. It would be ill-advised for the board to proceed and later find some good reason that someone should have been recused."

Meyer suggested that the board hire outside counsel to research the possible landlord-tenant conflict and give an opinion as to whether or not Kennedy should sit on the board when McGann is representing the applicant.

"If we're going to do that," replied Kennedy, "it would not be appropriate for my office to do the research. Maybe we could ask the borough attorney to do it."

Borough Attorney Kenneth Pringle said Monday that he had not yet been asked to conduct research into the conflict of interest claim.

McGann said that he would prefer to move forward with the testimony for the application, but Meyer said he did not believe that was the best idea.

"I just think it should be understood," Meyer said, "that it would be at the applicant's risk, and if there is found to be taint, it's going to be the applicant's problem. I'm not comfortable with this."

Amy Goldsmith, of Locust Avenue, said that she agreed that the conflict issue should be resolved.

"If there's a question about a conflict," she said, "it should be resolved before the application moves forward."

The Lincoln Square application calls for the construction of two three-story buildings consisting of 15 two-bedroom townhouses on Bridge Avenue, but does not allow for affordable housing.

The affordable housing obligation that would have to be satisfied by this new construction would be supplied by the Chelsea Place application, which calls for the demolition of an existing two-family house and the construction of two two-family condominiums.

The new date for the hearing for both applications has been set for Nov. 2 at 6:30 p.m. at the Red Bank Municipal Building.