Government

Hooks Hearing Delayed Again in Seaside Heights After Neighbors’ Attorneys Cite Technicalities

by
Daniel Nee
April 29, 2025

A rendering of a proposed restaurant and condominium complex to replace Hooks in Seaside Heights. (Courtesy: Mike Loundy/ MODE Architects)

A hearing on the proposed restaurant and residential complex that would replace Hook’s Bar and Grill in Seaside Heights was postponed for the second time Monday night – this time after a neighboring resident and an attorney both argued that technicalities rising from the notices sent out prior to the meeting could lead to litigation at a later time should the project be approved.

The objectors – Rosemary Stone-Dougherty, an adjacent property owner who is a land use attorney in North Jersey, representing herself; and Ronald Gasiorowski, a local attorney who specializes in representing objectors to building proposals, representing the Oceana Villas condominium complex – did not speak to the substantive aspects of the application to replace Hooks with the proposed multi-use development. Instead, they presented a number of procedural arguments to bring into question the language of the public notice that was published in a print newspaper and sent to residents within 200-feet of Hooks, as required by state law. Matthew Heagan, representing the owner of Hooks, compared the multitude of notification technicalities presented to the board to the adage of throwing arguments against the wall and “seeing what sticks.”

The arguments were enough, however, to cause Heagan’s client to ask for the hearing to be postponed so a new notice could be printed in a newspaper and mailed to residents within the 200-foot prescribed radius. Heagan indicated he wished to confer with his two adversaries on the language contained in what will be a future notice.

“I’m hopeful that the two counsel can remain here this evening and get more specific, but we are going to postpone,” he told board members after a ten minute recess. “The last thing my client wants is to get this board’s approval and then proceed through the appeal process and wake up in 30 months to an argument that one of the notices that were thrown on the record stuck to the wall tonight. He’d be 26 to 30 months behind.”

A rendering of a proposed restaurant and condominium complex to replace Hooks in Seaside Heights. (Courtesy: Mike Loundy/ MODE Architects)

Gasiorowski, known for his performative style of presenting arguments in otherwise-dry land use board hearings, called the notice published in the newspaper regarding the Hooks replacement project “purposely uninformative.”

“All they say is, they need a height variance,” said Gasiorowski. “The public is supposed to be able to read this notice and know what everything is about. By simply saying there is a height variance, that is simply uninformative.”

As proposed in an updated filing, the building that would replace Hooks would stand 54.5-feet in height (earlier documents indicated a 59-foot building height, which has since been revised), requiring a variance since the normal limit in the zone is 41-feet. Unlike some other areas in town, the Hooks property is not a designated redevelopment area, meaning the underlying zoning code applies rather than a custom carve-out for a specific project. Variances are also required for density – 1,200 feet square feet per unit is required while 955 square feet is proposed – as well as for more mundane issues such as curb cuts. There will be two, two-way entrances and exits from the premises, both with 42-foot driveways. The parking deck would contain 40 spaces that would be reserved for residents, while restaurant customers would utilize street parking.

Gasiorowski said an additional variance may also be required since the building may technically be considered five floors, which would normally be included in a legal notice.

Stone-Dougherty made a slew of arguments with regard to the notice sent to residents.

“My objection is that the notice fails to say that this is for both preliminary and final site plan approval, it just mentions that it is a major site plan,” she said. “It should clearly state preliminary and final site plan approval.”

A rendering of a proposed restaurant and condominium complex to replace Hooks in Seaside Heights. (Courtesy: Mike Loundy/ MODE Architects)

Stone-Dougherty also questioned whether an alleged previous change in ownership was reflected in tax records, and stated that an as-yet unpaid utility bill would preclude the property from gaining approval. Additionally, she stated that she believed items such as buffers for landscaping should have been present in the notice, before indicating she would argue over parking capacity.

“We do not believe it is properly reflecting the parking count that is going to be required for the restaurant,” she said, of the Hooks application. “The restaurant calculation for the restaurant goes through gross square footage, and this application, if you look at it, eliminated some of that square footage for its calculation for parking.”

Finally, Stone-Dougherty also told board members the notice did not include information on electric vehicle parking spaces.

“Obviously, if this were to go to appeal, and a judge were to agree with me … we’re just spending the taxpayers’ money and the board’s time coming back here because without jurisdiction, the board cannot substantively vote on this application,” Stone-Dougherty said.

Heagan, for his part, said the project will likely be presented to the board at a later date with no changes – simply a new notification mailer to quell the arguments brought by the two attorneys.

The owner of the property, William Morrissey, has proposed demolishing the long-time local watering hole and replacing it with a mixed-use complex that would include a new restaurant and bar below a parking deck and 22 condominium units. The new building will encompass the entire property, which is now developed with the bar to the north and an outdoor parking lot to the south. The parking lot would be eliminated. The property as a whole runs along the Boulevard between Kearney and Carteret avenues.

The new building, renderings of which are included with this article, was designed by MODE Architects, a prominent firm that has been behind dozens of high-end redevelopment projects along the Jersey Shore, including several pending in Seaside Heights.

A date for the next hearing has yet to be decided. It will be published in a print newspaper and sent to residents beforehand.