63 E. Main St. Owner Must Prove Site Was Not Abandoned [POLL]

The fate of the property at 63 E. Main St. remains undetermined even after several meetings by the Freehold Borough Planning Board.

Rakkesh Kumar of HRS investments bought the former gas station back in 2004. In January of this year, Kumar and was denied by the planning board.

However,, Kumar applied to the Freehold Borough Code Enforcement Office for a permit to re-open a gas station. Code Enforcement Officer Henry “Hank” Stryker approved the application as a pre-existing nonconforming use. However, a Freehold Borough resident appealed Stryker’s decision.

According to the April 25 planning board meeting minutes, Lisa Friera appealed this permit based on the fact that she feels the Zoning officer didn’t have the authority to give approval. Friera said the Zoning application should have gone before the Planning board who in her opinion has the jurisdictional authority.

At the April 25 and May 8 meetings, Friera presented evidence and called witnesses before the board in an attempt to prove that the owner of the site has left it abandoned and therefore not eligible for the approved permit.

The board voted 5-3 that Friera met her burden of proof.

Now, the owner of the site must prove he has never abandoned the site. Therefore, the gas station will continue to be inoperable until this matter is resolved.

Kumar, with the help of his attorney Mark Williams of , will have the opportunity to try to prove he did not abandon the site at the June 13 planning board meeting.