Height Restrictions Don't Apply to Hotel, Engineer Argues

Postal addresses don't mean much.

Such was the argument of professionals trying to convince Red Bank's to rule in favor of a proposed Hampton Inn and Suites Thursday night.

A developer wants to build a on a 1.04-acre parcel of land that sits at the base of the Route 35 bridge entering Middletown. However, a , unknown to most involved in the discussion, including the borough's engineer, seems to suggest in general vagueness that no building constructed between the river and adjacent Rector Place can be taller than 50 feet.

Though the plot of land is clearly listed as on Rector Place, John Martinez, engineer for the developer, said that's not necessarily true. According to Martinez, all of the property's frontage is on Route 35, not Rector Place. According to the ordinance restricting height, Route 35 is exempt from the list of streets where the height restriction is applicable.

And when it comes to making zoning decisions, Martinez said, using postal addresses is not the preferred method.

Martin McGann, the attorney representing the builder, said the property in question falls into three different zoning areas. One allows for 140 feet of elevation, another for 75 feet of elevation, and then the 50-foot elevation restriction currently in question. None supersedes the other and it's the fault of the borough's ambiguous zoning rules that have lead to the confusion, he argued.

"We can draw lines all day long, up and down," he said. "But there's nothing…that clearly depicts where (the height restriction) begins and ends. You've got to establish an exact line."

But, it shouldn't even be an issue, McGann said. Like properties in Middletown that have Red Bank postal addresses, McGann said the Rector Place address listed for the proposed hotel property, currently home to an abandoned gas station, isn't accurate.

"If you look at aerial photos, clearly, clearly this property is not on Rector Place," he said. "It's obvious."

The matter will likely conclude at the Zoning Board's May 17 meeting.