'It's too big' condo project is back

Developer proposes same size condo/townhouse project

that drew opposition

BY LAYLI WHYTE

Staff Writer

Development of a tract at Monmouth and West streets in Red Bank is once again on the table with the filing of a new application for a condominium/townhouse project on the site.

Applicants RB Monmouth and RB West, LLCs, have filed an application with the Red Bank Zoning Board of Adjustment, proposing to build 24 condo units and five townhomes on the site.

That is the same number of units that were proposed for the property in an application filed by Building and Land Technology (BLT) in 2002 which touched off fierce opposition by neighbors and a lawsuit to block the development.

The new application lists George Coffenburg, Rumson, of Prudential Premium Properties, River Road, as principal in the LLCs and owner of the property.

Coffenburg said in an interview last week, that he recently purchased the 1.25-acre tract bordered by Monmouth and West streets.

However, representatives of the County Clerk's Office and the Red Bank Tax Assessor's Office said last week they had no record of a change in ownership for the property. According to the borough Tax Assessor's Office, the property is still owned by Palatial Homes, Ocean Township.

The assessed value of the property, including all five lots, totals $869,500, according to the Red Bank Tax Assessors Office.

In a July 3 listing on the online commercial brokerage site Loopnet.com, the property was listed for sale for $6 million and was marketed as the potential site of a 100-room hotel with a 10,000-square-foot lobby, a restaurant/bar area, and possibly an additional 10,000 to 20,000 square feet of retail space.

Coffenburg said last week that the listing was old, but if someone offered to pay $6 million for the property, he would consider it.

The condo/townhouse plan was first proposed for the site by BLT, Bodman Place, and approved by the Zoning Board in December 2003. The approval granted variances for density, design waivers and several bulk variances.

The application had been opposed by residents of Oakland Street who objected on the grounds that the density of the project was too high. The opposition gave rise to an "It's too Big" Web site and lawn signs.

A lawsuit was filed the following March on behalf of several borough residents who claimed conflicts of interest existed between zoning board members and the then contract purchaser of the property, Palatial Homes.

The plaintiffs, headed by former borough resident Gerald Haggerty, claimed a conflict of interest resulted from the fact that Zoning Board Chairwoman Lauren Nicosia's father was of counsel to the law firm of Red Bank Mayor Edward J. McKenna Jr.

McKenna, DuPont, Higgins and Stone had represented Palatial Homes during the zoning board hearings for the BLT project.

In February 2005, Superior Court Judge Lawrence Lawson ruled that the zoning board's approval of the project was proper.

His decision was appealed, with motions filed by William E. Meyer, attorney for the plaintiffs.

The state Court of Appeals disagreed with Lawson's decision, stating that the "of counsel" relationship constituted an appearance of a conflict, even if an actual conflict did not exist.

The appellate court ordered that the application be reheard by the zoning board without Nicosia's participation but no new hearing has taken place.

Coffenburg said last week that he is the owner of the property, and that if the project is approved he will build on it.

Coffenburg acknowledged the controversy surrounding the BLT proposal last week, but declined to comment further.

According to Zoning Board secretary Mary Kouvel, no date had been set for a hearing as of last week.

Several variances would be required for the project, including a "d" variance for density for 24 condominiums and five townhouses, several bulk "c" variances and design waivers, according to the denial of a development permit issued by Planning and Zoning Director Donna Smith Barr on Oct. 24.

Townhouses and condominiums are a permitted use in the BR-1 and BR-2 zones, as are hotels and motels.