Lakewood zoning dispute over catering hall takes a turn; lawyer wants to see guest list

LAKEWOOD – When Judah Ribiat’s daughter got engaged it created a conflict of interest for him on the Zoning Board of Adjustment, which is reviewing an application for Lake Terrace, the catering hall where her reception is planned.

So Ribiat agreed to no longer sit in on the meetings where the application was being reviewed or vote on the final decision of the board.

But that’s apparently not enough for attorneys representing neighbors who oppose the catering hall application and contend Ribiat’s conflict as father of the bride goes much deeper.

More: What does this wedding have to do with the Lakewood zoning board?

In a recent letter to the board, Attorney Robert Shea -- who represents several neighboring businesses -- demanded details of the wedding plans, including copies of checks written by Ribiat’s family to Lake Terrace and even the wedding guest list.

“Due to Mr. Ribiat’s sudden recusal at this late stage of the proceedings, we are respectfully requesting any and all factual information surrounding the conflict,” Shea wrote in a July 12 letter to Board Attorney John Jackson. “This information is essential to supplement the record and allow all parties to have a full understanding of the extent of Mr. Ribiat’s conflict, as well as any impact it may have on the application.”

The detailed wedding demand is just the latest salvo in an ongoing dispute that dates back years and most recently drew further interest when Ribiat recused himself last month.

First, attorneys on both sides were concerned that if Ribiat was removed from the issue, only six board members would remain when five are needed to approve any variance.

That sparked discussion of appointing someone to fill Ribiat’s spot for this lone issue.

Now Shea’s objection and deeper information request may delay proceedings set to continue July 22.

Shea said Ribiat’s ties to the catering hall were not revealed until the last meeting on July 1, claiming a father of the bride is more of a conflict than simply a relative of a family wedding.

“Information was provided that a relative of Mr. Ribiat had recently booked a wedding at the property,” Shea wrote in the July 12 letter. “Since then, we have learned, that the conflict which was discussed is in regard not to just any ‘relative’ but to Mr. Ribiat’s daughter.”

Shea added that he was never told of the closer relationship by the board or Lake Terrace attorneys, but through an Asbury Park Press story posted on July 10.

He said that more information about how long the wedding has been in the planning stages and Ribiat’s exact connection to Lake Terrace related to the planning must be provided before any board vote can occur.

Specifically, Shea’s letter said he is seeking:

• The date discussions began between Lake Terrace and Ribiat’s daughter.
• The date the contract was signed.
• Copies of any checks paid to Lake Terrace for the wedding.
• The identity and title of the Lake Terrace employee with whom Ribiat’s daughter planned the wedding.
• Dates of any discussions Ribiat had with Lake Terrace related to the wedding.
• Information on any discussions Ribiat had with fellow board members about the wedding.
• The entire wedding guest list.
• Date of the wedding and when Ribiat became aware that the wedding reception would occur at Lake Terrace.

“It should be noted that prior to the recusal Mr. Ribiat sat on the board for every meeting since the inception of this application on May 7, 2023 up through May 20, 2024,” Shea wrote. “There is a concern that Mr. Ribiat’s participation up to this point may have tainted the entirety of the application.”

Jackson said that Ribiat’s recusal is enough for the proceedings to continue: “The Board member recused himself from that matter when the potential conflict arose. The issue is therefore resolved.”

More: Lakewood renews liquor license for unpermitted catering hall

He added that Ribiat’s daughter was not engaged until mid-June and Ribiat immediately recused himself from any meetings related to the Lake Terrace application.

“He contacted me and explained that they looked at what venues were available and a date available that could hold that many people,” Jackson said about Ribiat. “Lake Terrace was the only one with a date available so they booked it there.”

Zoning Board Chair Abe Halberstam declined to speculate on the impact of the request, stating, “I know that our attorney is on it and he is the one that is dealing with it, it is out of my pay scale.”

Specifically, Lake Terrace’s application is for a variance to keep operating in the city’s industrial zone, a permit it has never received and a situation that has drawn interest for more than a year.

Without Ribiat, the board will only have six voting members, not its usual seven when it’s set to vote on the application on July 22.

That did not sit well with Attorney Adam Pfeffer, who represents Lake Terrace and believes he has a better chance of getting the required votes if all seven members are present.

“It is our right to have seven members,” Pfeffer said at the last hearing on the matter July 1. “However the process is, we may need someone to come on the board.”

Pfeffer did not respond to requests for comment this week.

Shea said earlier this month that bringing in an outsider to serve on the board for this case is not fair.

“It is a little bit too late,” Shea said. “We have had six members for several meetings and this is a result of Mr. Ribiat’s creating a conflict for himself.”

Jackson, who called it a “gigantic case” said Wednesday that appointing a temporary member to replace Ribiat on this issue is likely not feasible given all of the background and material that would have to be reviewed by a new member.

“I am just not optimistic we could do that,” he said in an interview. “I anticipate we are going to proceed with six members and take a vote, but I cannot predict the future. But that is what I am preparing for.”

Jackson said the law allows the zoning board to operate with as few as four members as a majority because it has seven total. But he said a variance needs five affirmative votes to pass.

More: Neighbors say Lakewood catering hall never should have opened, but township leaves it be

If the board continues considering the application without Ribiat or a replacement, six members would be voting on an application that requires five votes to pass.

Jackson said he is reviewing the options, which could include appointing a temporary board member for this issue, possibly from the planning board. He also said the board could invoke a “doctrine of necessity” provision to allow Ribiat to serve but did not think that was likely.

The “doctrine of necessity” provision was notably used in 2000 for a case involving the Bay Head Planning Board’s review of a land use application next to the Bay Head Yacht Club.

It turned out that seven members of the planning board were also yacht club members, sparking a lawsuit by another landowner seeking approval for a related project who claimed the yacht club members on the board had a conflict of interest.

A Superior Court judge eventually ruled that the yacht club members could vote on the case out of the “necessity” provision because if they were excluded a quorum would not be possible for a vote.

The Lakewood Zoning Board wrapped up testimony on the Lake Terrace case on July 1 and has tentatively set final summations from both attorneys for July 22, with a potential vote that day on the variance.

Lake Terrace has been involved in the ongoing battle over its future for several years.

The variance issue dates back to 2015, when Lake Terrace opened as a catering facility at 1690 Oak St., but without the required zoning approval to operate in an industrial zone.

In 2020, Clayton Associates, one of the neighboring businesses, sued Lakewood Township , claiming it allowed Lake Terrace to operate without proper zoning approval.

The lawsuit, which was amended to include other neighboring businesses and landlord Sudler Companies, said the operation created an unlawful nuisance. The case is still pending.

Last year the catering hall filed an application for a retroactive variance so it could continue to operate as a banquet hall in the industrial zone.

But nearby business owners, including the Sudler Companies, have fought the application, claiming it’s not justified and presenting evidence that alleges the 36,000-square-foot hall causes traffic and parking problems.

The Lake Terrace property was once a vacant office building with approval to become a school. The school closed in 2009 and in 2015 the building, under the ownership of KBS Mt. Prospect LLC, started operating as a banquet facility.

Joe Strupp is an award-winning journalist with 30 years’ experience who covers education and several local communities for APP.com and the Asbury Park Press. He is also the author of four books, including Killing Journalism on the state of the news media, and an adjunct media professor at Rutgers University and Fairleigh Dickinson University. Reach him at jstrupp@gannettnj.com and at 732-413-3840. Follow him on Twitter at @joestrupp

This article originally appeared on Asbury Park Press: Lakewood zoning dispute over catering hall takes a turn; lawyer wants to see guest list