Resident on, then off Planning Bd. agenda 'Allegations' pulled from agenda with no discussion BY CHRISTINE VARNO Staff Writer James Keelen LONG BRANCH - Belmont Avenue resident James Keelen's opposition to the downtown Broadway redevelopment plan landed him on last week's Planning Board agenda. But Board Attorney Martin Arbus withdrew the agenda item listed as "Keelen Allegations" at the July 17 Planning Board meeting before the matter could be discussed. Assistant Director of Planning and Zoning Carl Turner did not return phone calls seeking information on why Keelen's name appeared on the agenda. Keelen appeared at the meeting last week with attorney Michael Kasanoff to refute statements made in a letter written by Turner, as well as to address comments made under the Keelen allegations item. Keelen said Monday that he plans to submit an ethics complaint about being listed on the agenda to the Local Finance Board of the Department of Community Affairs this week. "I was never notified," Keelen, whose home and bus company are located on Belmont Avenue, said in an interview Monday. "They put that on there without me knowing," he said, adding, "[The City] was trying to slam-dunk me." In the ethics complaint, Keelen said he will charge that the Planning Board, in addition to Long Branch Mayor Adam Schneider, City Business Administrator Howard H. Woolley and City Code Enforcement Officer and Planning Board member Kevin Hayes, conspired to "humiliate and discredit" his reputation by placing him on the agenda. Keelen said Monday that the city never notified him that his name and comments he made at a previous meeting were to be discussed at a public meeting. He added that he only found out that he appeared on the agenda by chance when another city resident showed him a copy of the agenda just days before the meeting. The "Keelen Allegations" agenda item, Keelen said, stemmed from comments he made at the June Planning Board meeting where developer Broadway Arts Center (BAC) LLC received final site plan approval for its downtown Broadway project. Keelen's property borders the site of the BAC redevelopment project. Since the project was already approved and no longer pending before the board, Arbus said at the meeting that the item would be dropped from the agenda. "Keelen allegations has absolutely nothing to do with this board," Arbus said July 17. "It has nothing to do with an application [currently] before this board. "I don't think it should be considered," Arbus said. Planning Board Chairman Howard Marlin agreed. "We do not have jurisdiction for that," he said. At the June meeting, Keelen objected to BAC's plans, stating that the project calls for developing two city-owned parcels on Belmont Avenue and Memorial Parkway that currently act as parking lots for his bus company business. Several of his comments were apparently researched by Turner, who presented his findings in a letter to Marlin dated July 17. The findings appeared on the agenda of last week's Planning Board meeting for discussion. Keelen provided a copy of the letter, in which Turner wrote, "At the [June 16} Planning Board hearing for final site plan approval of the Broadway Arts LLC project, Mr. James Keelen made several allegations concerning his business and use of city parking lots. "In order to follow up on his statements, I have researched the files contained in the offices of personnel, the Fire Marshal, Building Department, City Clerk, Planning Board, Zoning Board and Zoning Officer," he wrote. Turner stated that the allegations made by Keelen were "incorrect and unfounded" and that Keelen actually may be in violation of the city's zoning, construction and code enforcement regulations for expanding his bus business on Belmont Avenue without obtaining the required permits. At the June meeting, Keelen said that his company and his 100 employees have used the two city parking lots since he moved his business to Long Branch in 1991, according to Keelen. When he came to Long Branch, Keelen said that a member of the city's Economic Development Department "assured" him that he would have substantial parking for his buses. With BAC's approval, Keelen said he is losing parking areas promised to him and he is concerned. But Turner contested Keelen's statements in the letter to Marlin. "As to exclusive or special rights to use the city parking lot for employee parking, all city files indicate that no such approval was ever granted," Turner wrote. "(Please note that since this is a city-owned property, the city council would have had to formally approve any request to limit or allow one use special rights to utilize this property)," he wrote. Turner also said in the letter that Keelen had stated at the June meeting that he employs approximately 300 people and the last zoning permit acquired by Keelen in 2004 indicates he employs 129 employees. "I have 100 employees," Keelen said Monday. "I told Mr. Turner twice that I have 100 employees." Turner further states in the letter that in his research, he found that Keelen may have illegally expanded his business and paved a lot on Belmont Avenue without applying for a permit or receiving approval from the city. "I did not pave the lot," Keelen said Monday. "There is a 20-foot space between my house and my business. "It's the buffer between my home and my business. I never expanded my business without obtaining permits." Turner also stated in the letter that several inspections of the city-owned parking lots used by Keelen revealed that the lots were filled with various buses and vans, rather than being used for employee parking. Kasanoff said at the meeting that he wanted it entered on the record that numerous statements in Turner's letter were incorrect. "We are not really here to present an affirmed position," Kasanoff said at the meeting. "It is more of a reaction. It was listed on the agenda and we are here to address it." But Arbus explained that there would be no further discussion at the meeting and said that the "allegations" item only appeared after a board member asked a question. "Somebody asked a question and Mr. Turner provided an answer," Arbus said. "[The agenda item] is withdrawn at this time." Kasanoff added that he wanted to state on the record that Keelen objects to the comments made in the letter written by Turner.