Proposed Building in Atlantic

After four hours of testimony, questions and answers before a filled council chambers, the Planning Board continued the hearing on the Kalian mixed use construction building until its regular meeting Aug. 3 at 7 p.m.

Two of the firm’s experts presented their testimony and information at last night’s special meeting, in which they are seeking numerous variances to build a four story mixed use apartment and retail complex on First Ave at E Garfield ave. The building would be immediately adjacent to the current Kalian apartment complex nearing completion and would be constructed on the property now housing a one-story building.

The two local businesses in that building, Mike’s Deli and Scenic Liquors, would be gone as the building will be demolished and everything on the site cleared away.

Doug Rohmeyer, the borough engineer from CME, had numerous questions and comments for the plan, which is seeking both preliminary and site plan review to build the structure to house 30-, one-, two- and three-bedroom apartments on the second, third and fourth floor, and retail on the first level, along with some undersized parking spaces. The original plan called for no three-bedroom units, but professionals last night indicated there are now two planned for the fourth floor.

The firm had met with the planning board for a concept hearing last year and incorporated feedback from that meeting into these plans. Some of the changes included the three-bedroom units as well as angling one side of the building for increased visibility for both motorists and pedestrians.

Architect Richard Gabber of Jersey City presented testimony through a 31-page PowerPoint presentation available both on ZOOM and on the screen in borough hall. At the request of resident Mark Fisher, PowerPoint is now available on the borough’s website.

Gabber said the plans now call for 11 one-bedroom units, 17 two-bedroom units and two three-bedroom units for a total of 30 units. One of the one bedroom, six of the two bedroom and both of the three-bedroom units would be for affordable housing he said for a total of nine affordable housing units in the complex.

The 48 parking stalls in the plan would require an ordinance since they do not meet size requirements. Gabber said given the number of citizens who now purchase smaller cars, the spot size is adequate.

The roof is planned to be flat with access by the residents for personal use, he said, along with its two towers for both stairs and elevator to access the top level.

The building, which would be taller than the adjacent Kalian complex, is in keeping with other buildings in the area, Gabber said, citing both the complex still under construction which the planning board had approved, as well as Carton Brewery, both flat top buildings.

The meeting was stopped several times during Gabber’s testimony when Secretary Nancy Tran indicated she did not have confidence it was being properly recorded.

When the recording was posted on the borough page, it will be a compilation of both what was recorded and include recordings from the ZOOM portion as well as the secretary’s own phone, secretary Nancy Tran said today, indicating she feel confident the recording on the borough is would be thorough and complete.

Gabber presented his explanations and responded to numerous questions from Rohmeyer for nearly 90 minutes before chairman David McGoldrick opened the session to the public.

Rohmeyer indicates several areas in which he did not feel comfortable, with Gabber saying the firm will look into his suggestions, Among several areas, the borough engineer questioned the proximity of two balconies which Gabber said would be open and useable to the tenants of those apartments, to utility poles and wires, as well as the drainage plans for the flat roof. He questioned landscaping, drainage, utility connections and made several suggestions, all of which Gabber said the company would review. Board members also had several questions for the architect.

Patrick Ward, a partner in InSite Engineering of Manasquan, and a project engineer for ten years, presented testimony on the building setbacks, drainage, permeability rate of the soil which ensures drainage, and lighting around the building as well as information on utility connections, ADA sidewalks and several other areas of concern. Rohmeyer pointed out the broad variety of plans that would require variances and areas where he has specific concerns.

With the meeting running close to 11 p.m.., board attorney Michael Steib recommended that rather than open the meeting to hear some questions from the public , the meeting be adjourned and all professionals be present for the regular meeting on Aug. 3 when questions to Ward from the public will be first on the agenda and Kalian can present the rest of its professionals, including its traffic engineer for more descriptions of the proposed complex.

McGoldrick had advised residents during the meeting that while the professionals are making their presentations, the public will have the right to ask questions and ascertain more information. Once all the information is complete and before the planning board takes any action, the public will once again have the right to speak and voice their opinions on how they feel about the new building.

Atlantic Highlands Lawsuit

Even though a Superior Court Judge last month dismissed the complaint Atlantic Highlands filed against Kappa Construction Company, the borough took a second shot at it and can now continue its lawsuit against Kappa Construction Corporation for the $1.5 million building at the Municipal Yacht Harbor the borough approved and has leased to two tenants for more than two years.

At a hearing Monday, Monmouth County Superior Court Judge Owen C. McCarthy granted the borough’s request to reinstate the lawsuit filed by Atlantic Highlands against the firm. He is the same judge who dismissed the matter last month.

Atlantic Highlands had filed the suit alleging Kappa Construction was responsible for several violations in the $1.5 million building completed more than two years ago. This was in spite of the fact the borough had approved and authorized full payment for the construction at the time the work was completed.

Lessee TowBOAT/US, Miller’s Towing & Salvage, Inc., owned by Capt. Harold Smith, informed the borough two years ago of a number of architectural problems in the building, most serious of which was the gas turnouts not properly located. TowBOAT/US and the NJ State Police are both tenants in the borough-owned building.  Architect for the building was Netta Architects of Mountainside.

Council took no action on Smith’s several complaints to both the Harbor Commission and the Mayor and Council despite his appearance at several meetings over months. In December 2022, in response to Smith’s continued complaints and request to be released from his lease, the borough then filed suit against Kappa alleging the building contractor was responsible for the problems.  Neither council nor the Harbor Commission took any action on Smith’s request to be released from his lease and he continued, and continues currently, to pay full rent as required in his lease.

Several months ago, the borough received a deficiency notice from the court in response to their complaint, stating the borough’s complaint was incomplete and missing information. The borough then filed a motion to correct their missing information, and it was corrected in February of this year.

With the new information now available to the defendant, Kappa’s attorney, Thomas Hersch then filed a request for and was granted an extension for time to review the new information.

In June, Judge McGowan dismissed the charges against Kappa Construction Company.

In July, Gregory Cannon, the attorney representing Atlantic Highlands, filed a request to have the case reinstated. That request was set for an Aug. 4 decision.

However, during a 4 p.m. ZOOM conference meeting among the Judge and attorneys Monday afternoon, Judge McGown ordered that any and all administrative dismissals for lack of prosecution against any defendant were vacated. The order then reinstated Atlantic Highlands for an active trial date of the allegations against Kappa. The Judge granted Kappa Construction Corp and its insurance company until Aug. 1 to respond to the revised complaint.

The new Case Management Conference is now scheduled for 9 a.m. Aug 21 via ZOOM.

With the new action currently pending the Conference, neither Cannon nor Thomas Hersch could be reached for any comment.

Other Stories regarding this issue

Out of Town

Head Way

Hopeful

Presentation of a building plan before the Planning Board,  that would require no fewer than 17 variances, would create the second highest building in the borough if approved, and would demolish the building currently housing two successful and popular local businesses is expected to draw a large crowd both in person and on ZOOM Tuesday night at 7p.m. July 18, when the Planning Board hears the preliminary and final site plan and variances application from Kalian Management for property at 160 First Avenue. The property is one block in from Route 36 at the entrance to the borough near the intersection of E. Garfield ave.

The property is the current location of Mike’s Convenience and Scenic Liquor stores and immediately adjacent to Kalian’s other apartment complex still under construction. If approved this building would be one story higher than the adjacent apartment nearing construction completion by the same firm.

The applicant’s attorney, Ansell, Grimm & Aaron, also noted Kalian will “request such other variances, exceptions, interpretations and/or design waivers which may be necessary to accommodate the application as filed or as revised by the Planning Board and/or its professionals and will amend its application on the record accordingly.”

While the applicant in its request is initially seeking at least 17 variances, the 13 page report by CME Associates, the borough’s engineering firm, indicates other waivers may also be needed to be granted by the planning board as well.

Among the variances sought are to allow the building’s proposed 44-foot height to exceed borough regulations that set a maximum height of 40 feet in a three story building.  Higher points for the elevator and stair towers would create construction at 61 feet, another 17 feet of elevation, where 15 feet is the maximum. The proposed construction, in addition to being higher than the current regulations allow, would also be four stories in height where three is the maximum.

Everything from a plan for a lack of shade trees and landscaping, along with insufficient parking spaces, both in number and in size, to undersized apartments and a lack of loading space required for commercial use would require variances before a building permit could be issued.

Kalian’s plan also calls for some units  be for affordable housing, though no three-bedroom units as required are included, a matter which the borough engineer referred to the board’s counsel.

In its review, the borough engineer noted the applicant should be prepared to respond to numerous questions from the planning board as to its application, conducting the positive and negative effects of granting the variance.

The engineer noted there must be special reasons to grant the variance to show approval would “advance the purpose of zoning,” and that the site is particularly suited to allow for the construction of a building of this size.  The applicant would also have to show that granting the variance would not create any “substantial detriment to the public good,” and would have to prove  its impact on surrounding properties would not  “cause such damage to the character of the neighborhood as to constitute a substantial detriment to the public good.”

Both the application and the engineer’s report are available at ahnj.com under the Planning Board’s announcement of tomorrow night’s special meeting.

Kathleen Strebb Sweeney

Kathleen Strebb Sweeney, owner of the Shore Casino at the Atlantic Highlands Yacht Harbor, stepped down from her professional restaurateur position to accept accolades and praise at a gala dinner celebration honoring her at the 150^th anniversary of the Sodality of the Children of Mary of Saint Teresa at the Shore Casino last week.

The spiritual organization, located in Jersey City, was founded in 1948 by Rev. Vincent Hart, SJ, who noted at the time that the name of the Blessed Mother “is whispered, heralded and triumphantly proclaimed” by the Sodality, also known as the Teresians for their devotion to St. Teresa.

Thirty years later, the Rev. Victor Yanitelli, S.J., the Moderator of the group at that time, expressed his thanks to the Teresians, past and present, “who have given themselves to this spiritual enterprise….”

At this year’s celebration of 150 years, current president Jean-Marie Ake said, “As we celebrate this 150^th anniversary with prayer and humility, may we continue to honor the ideals, traditions and good works of our predecessors.”

Ake also led the praise and applause for Sweeney who was presented with a certificate and bouquet of flowers as an Honorary Teresian.

Kathleen, an Atlantic Highlands resident was honored along with Mary Catherine O’Brien and Sharon Morrissey, both also receiving flowers and certificates for their generosity and work for the Sodality and its causes.

Kathleen was the owner of the Casino in the Park in Jersey City for many years, and the Sodality met at that facility often, always citing her generosity and devotion to the Teresians and their work.

The Rev. Andrew Downing, S.J, the current moderator of the organization, also praised the three honorary recipients and praised the work of the Sodality over their decades of thoughtfulness, service, generosity and work.

Ake, who is stepping down this year after serving as Presidents of the Teresians for five years, was also honored by the crowd for her service to the Teresians and her 39 years as a member.  Former president Ann McGovern, who currently services as a councilor of the organization, praised Ake’s love and care and noted “we love, we argue, but we love what we do” to the applause and agreement of the more than 50 attending the gala celebration.

The program for the event included special thanks to donors who make Teresian events possible, as well as a dozen gifts donated which were raffled off at the event.

Members who have “persevered and supported the Sodality” for more than a quarter of a century were also honored, with Barbara Tansey congratulated for 50 years of service to the organization, and another 17 women cited for between 25 and 45 years.

In addition to President Ake, this year’s officers include Mrs. John Costello, first vice-president, Gail Cousins, recording secretary and Mrs. Peter Zampella, corresponding secretary, Diane Lynch treasurer, Mrs. Ronald Prezioso entertainment chair and Mrs. Carl Taylor, assistant entertainment chair. Councilors, in addition to McGovern, are Mrs. Vito Colacurcio, Honor. Mary K. Costello, and Katherine Crossan.