Amboy Bank subdivides Courtyards might have Red Bank Housing Authority Manage

After having a closed door session with the Red Bank Borough Council last week to discuss a developers agreement, Amboy Bank obtained an approval to subdivide the property into 2 lots. One lot for the 12 unit affordable housing building and the other building for the 45 unit market priced building. The approval of the subdivision was voted on 7-0 by the Red Bank Zoning Board. Amboy Bank officials were asked about whether there would be 2 associations and originally they responded that they had not given it too much thought. A few minutes later they were asked  if the Red Bank Housing Authority might be one of the management companies and they said yes. Amboy Bank also acknowledged that they are no longer going to build the site which last week they claimed they would be the builder. It is now being sold to a well known county builder to be named later. As for the closed meeting last week, in NJ you can only have a closed door meeting to discuss 9 different issues. One of the issues that is covered is when the borough is using public funds to purchase private property. During the original approval process former mayor and current Rivercenter member Ed McKenna endorsed the development plans. In the past Red Bank purchased property known as the Cedar Crossings from a developer using State of NJ affordable housing grant money for 2.4 million dollars. The town then sold the property to Red Bank Affordable Housing Corporation for $1 of which Former Mayor Ed McKenna is the Vice President of the Non-Profit Corporation. Originally borough officials stated this property would be developed by the Red Bank Housing Authority. Former Red Bank Councilman and current Monmouth County Freeholder John Curley had indicated he contacted the FBI to investigate the Cedar Crossings situation.  The Cedar Crossings project upon completion will be managed by the Red Bank Housing Authority which Stan Koryva of Amboy Bank could possibly happen with the Courtyards At Monmouth project.

Amboy Bank to Subdivide Courtyard Affordable Housing

On February 16, 2012 Amboy Bank will seek approvals to subdivide their Courtyards Project on the corner of Monmouth/West/Oakland Streets. It was approved about 1 year ago for 57 condos. 45 of the condos would be market priced in one building and a second building would consist of 12 affordable units. On February 8th, 2012 Amboy Bank officials met with the Red Bank Borough Council in a closed session to discuss the development of the property and financing. Mayor Pat Menna was not present for this meeting.  According to NJ open meeting laws there are only 9 reasons that a government can have a closed meeting. One such reason would be to discuss using public funds to acquire property. According to Amboy Bank representatives they need to subdivide the property in order to obtain financing and they also plan to develop the 2 subdivided pieces  themselves.

Previously Red  Bank purchased private property know as the Cedar Crossings with 2.4 million dollars of state grant money. This property was then sold to Red Bank Affordable Housing Corporation to build 36 affordable housing units and seems to have generated several hundred thousand dollars in surplus funds. This Corporation has members that include former Mayor Ed McKenna, William Katchen a CPA who has been banned in the past by the Federal Government related to public housing funds, and Frank Borin a lawyer with the Decotiis law firm who has taken several thousand dollars in fees from Red Bank Affordable Housing Corportation for his law firm. Ed McKenna has been at several approval meetings supporting the Amboy approvals and is also a representative of the Red Bank Rivercenter. Amboy Bank was able to obtain approvals in contrast to the vision of Red Bank  Rivercenter’s plan to create street level retail along Monmouth Street between the train station and Broad Street.

Non-Profit Scam using public land for grant  money

Crossing Paths in Red Bank Approvals

The Federal Election Commission fined Amboy Bank and its CEO George Scharpf in 2003 for campaign donation violations. George Scharpf and Amboy Bank had a very close relationship with former Governor McGreevey and former NJ State Senator John Lynch.  Lynch was sent to jail for fraud along with Red Bank resident Jack Westlake. Here is an excerpt from the book The Jersey Sting related to Amboy Bank. John Lynch was a major supporter of former Red Bank Mayor Ed McKenna. Here is an excerpt from an article in the bayshore courier news from a few years ago. Also, a 2000 race for the Monmouth County Democratic chairmanship pitted Red Bank Mayor Ed McKenna against Scudiery. McKenna received $5,000 from the New Directions PAC for the ultimately unsuccessful attempt. Lynch’s PAC has continued to support McKenna’s role as a Democratic leader in Monmouth County, contributing $9,700 to the Red Bank Democratic Party and $2,500 to the Monmouth County Council of Democrat Leaders PAC, a committee McKenna is affiliated with, since 2002. Below is a link to  a campaign donation list for John Lynch’s New Directions PAC from 2002. The list is very lengthy and includes an executive with Amboy Bank and the McKenna Law Firm.

new directions pac 2002

 Is this possible Lynch connection more than a coincidence and could the idea of a Red Bank Transit Village come from Lynch.  Ed McKenna has been supporting Amboy Bank to obtain higher than allowed density at the property located at Monmouth/West/Oakland Streets in Red Bank. Next week Amboy Bank goes before the zoning board to subdivide the affordable housing from the market units. Ed McKenna has a non-profit affordable housing corporation and is just finishing the cedar crossings project.  The zoning was changed while Amboy Bank was in the process of foreclosing on the property formerly owned by George Coffenberg. Arguments by the borough engineer against the Coffenberg development was that it was too dense even though it followed the existing zoning laws. If they did not like 16 units per acre why would they change the zoning to 35 units per acre a year later? If you look at the original Coffenberg Courtyard approval process and compare what happened after Coffenberg gave the property back to Amboy Bank you will notice different treatments of the same property.  Ed McKenna was appointed to the Red Bank Rivercenter at the same time that an approval by the zoning board was received to allow Amboy Bank to not follow the required special district zoning promoting street level retail from the train station to Broad Street.  Amboy Bank also funded around $1 million in repairs to the 51 Monmouth Street Red Bank property which was the former Red Bank Police Station sold to Ed McKenna’s Kid’s Bridge charity for $1. Amboy Bank located at 36 Monmouth Street was listed as the address to make donations on behalf of the charity. The former police station building was transferred a year later to the Red Bank YMCA and now the Red Bank YMCA is selling the property to Red Bank Catholic for over $1 million. Interestingly enough is that George Scharpf CEO of Amboy Bank was in charge of the planned capital campaign to fund a new YMCA in Old Bridge which would be under the control of the Red Bank YMCA.   Red Bank’s borough engineer, T & M of Middletown, was also the engineer for the YMCA project in Old Bridge. Even though Ed McKenna is no longer the Mayor of Red Bank he seems to have a lot of involvement in the way the town is run. Here he is celebrating last November’s election

After he wrote the last figures from the local districts on a running tally board, former Mayor Ed McKenna, who frequently taunts his opponents, jabbed his middle finger into the air. In a surprise move a week before the hearing to subdivide the affordable housing units from the market units, the Red Bank Council without the Mayor met in closed session to create a developers agreement for the affordable housing so that GS Realty which is part of Amboy bank can subdivide the land and obtain easier financing. It would seem a bank that owns all of the land would not need to subdivide the land nor find financing.

We only want to limit your density

After arguing for months about the concern of density on the property at Monmouth St, West St, and Oakland St the town decided to increase the allowed density around the train station to create a transit village. I sought a density of 16 units per acre by doing exactly what was permitted which was to build 4 units above retail space at a time 14 units per acre were allowed. This seemed to upset Rich Kosenski of T & M Engineering and was the basis for his denial of constructing buildings 1 inch a apart. Once the town found out that I was losing the property to Amboy Bank, they began to rezone my property based on those parcels identified in MLS tax records as being in pre-foreclosure. rb zoning changes As you can see the original map only covers the 3 lots in pre-foreclosure (2 tax records 3 lots), then a few months later they decided to re-zone my entire property which covered 8 parcels of land. I gave the property back to Amboy Bank in February or March of 2009 at around the same time that the town started working on the zoning change. You can even see how the map lines were an after thought You also notice that the original natural boundry would have been west of West Street and this group of properties are the only ones on the east side of West Street. The new transit village zone raised the allowed density to 35 units per acre. There were several people involved with the town that had access to the tax records in mls and it is probably not a coincidence that the rezoning of the property was done in 2 stages and then ultimately approved for 57 units by Amboy Bank a year later.

Not having a Meeting Tonight

After losing the zoning board appeal due to the support of the Director of Zoning and Planning I eliminated the distance between buildings and still created the same 20 residential units above retail space in 5 buildings plus a detached below grade parking garage. The plans were submitted in August of 2007 and approved in October of 2007 to be heard by the Red Bank Planning Board. The meeting was scheduled for Dec 17, 2007 but a couple of days before the meeting, the Director of Zoning and Planning contacted my representatives to notify us that a meeting would not take place.rb letter to donna barr We were also told that there would not be a December 3, 2007 meeting but then read in Red Bank Green that a meeting had occured for a parking variance involving a restaurant in Red Bank. My hearing was then pushed back until January 2008.

Appealing the Zoning Decision

After failing to change the Red Bank Zoning Officials minds about having 5 separate buildings that had a 1 inch separation between them and had all of the permitted uses in the zone, I was forced to go before the Zoning Board of Red Bank to overturn the decision. rb zoning board decision july 2007 Just so everyone is clear, the variance I was seeking, and the one that the town disagreed on, was that you are required to provide a distance between buildings of 15 feet. This parcel is one of the largest in downtown Red Bank and had about 250 linear feet on Monmouth Street and approximately 200 feet on West Street as well as 100 feet on Oakland Street. The only thing that the distance between buildings could change is the width of the units whereby I had to shrink each unit by approximately 4 feet (15 feet distance shared by each building 7.5 feet per building shared by 2 units per floor for a little less than 4 feet per unit). The units could still remain basically the same size (roughly 200sqft smaller) with same bedroom counts. The density also remained the exact same with a loss of approximately 2,000 sqft of retail space. As you can see by reading the transcripts during the hearing, the board members identified that they were looking at 5 boxes and if each box represented a building they were looking at 5 buildings. Even Rich Kosenski of T & M Engineering stated that a person could look at my application and say that it is correct to assume that there are 5 buildings but that he did not like the idea of the buildings being so close to one another. Rich Kosenski also serves on the planning board so if he did not like the distance between the buildings, they were under no obligation to grant the variance. As stated previously, by keeping me in front of the zoning board would delay the approval process whereas the planning board did not have  much in front of it and sometimes would not meet at all due to a lack of approval applications. We never stated that Red Bank had to grant this variance and as we later find out the variance is eliminated all together to allow the application proceed to the planning board. The voting took place and all of the zoning board members decided to support the Director of Zoning and Planning’s  decision but did not give a real reason as to why the town was correct and my experts were wrong.

Is it one building, two buildings, a structure, or five buildings?

The property at the corners of Monmouth, West, and Oakland streets had 8 building lots. I wanted to have the buildings close together to avoid dangerous alley ways and maintain the urban feel of any city shopping district. By only creating 5 buildings when we could have created 8 buildings, we did not feel that we were in violation of the zoning requirements for the BR-1 and BR-2 zones. (the br-1 zone can be found starting on page 2072 and the br-2 zone can be found starting on page 3022) I only asked for 20 condos over retail when technically I could have asked for 32 condos over retail. The reason for the lower amount of buildings and units was for access to the on-site parking and lessen the impact on the neighborhood. Our original plan would have created a lot of underground parking and avoided a parking variance. The borough officials would not allow the buildings or parking structure to touch, otherwise they would consider it one building and thus you could only have 4 condos over retail and then the project does not make financial sense to build. Various documents disputing Red BankIn the code book link above for the br-1 zone and br-2 zone the town has towards the beginning of the document,  the definitions of what a building is which goes against their argument that the parking garage was a building.

Coffenberg Designs a New Plan

Inorder to follow the newly created River Center Special Business Zone guidelines of creating residential units above street level retail, I eliminated the original BLT project in an attempt to honor the town’s wishes. After some back and forth adjustments to the plan, we created a plan that met the zoning requirements and would therefore be heard by the planning board. The planning board  listens to C variances which in this case was related to some setback issues. We also created a plan that did not require a parking variance. The town representatives did not like that the buildings were close together but it would only create a C variance for the distance between buildings variance where 15 feet are required and I was only providing 1 inch. The town representatives said that is there is only a 1 inch separation, between buildings you only have one building. I am not aware of any buildings that do not touch that are considered one building nor do the building codes.

Original Plan to follow River Center

Revised plan to follow River Center

buildings over garage

The definition of a building is that it is to provide shelter to humans. and a parking structure can never be considered a building as it cannot be used for continuous human occupancy. The town respresentatives then claimed that an underground parking structure was a building and since the above grade buildings sat on top of the parking structure they claimed it to all be one building which goes against their own building code regulations as they follow the International Building Code which follows the above definitions. My professionals began to argue these various points. We eventually had to eliminate the parking under the buildings to move  the project forward and thus created a small parking variance.

Red Bank Creates Special Business District

At the end of 2006 and beginning of 2007 Red Bank began to change their zoning ordinace to expand the Red Bank River Center over towards the westside of town including the train station area. Red Bank River Center is an agency that promotes business and the downtown in Red Bank, NJ. They are also responsible for making sure developers and businesses create a look that is in keeping with the shopping area.

rivercenter ordinance

Red Bank goes to Court

In December of 2006 a court hearing took place at the Monmouth County Court House before Judge Lawson. Here is part of the transcripts and attorney letters related to the property located at the corner of Monmouth St and West St in Red Bank, NJ

rb judge lawson-kevin kennedy