Authorities claim illegal restaurant had returned
Absentee owner and tenant charged for second time in a year
BY CLARE MARIE CELANO
Staff Writer

Individuals sit at a table in the living room of a home at 58 Mechanic St., Freehold Borough, while a police officer (r) investigates. Municipal officials allege that the tenant in the rental home has been operating an illegal restaurant at the residence.\

FREEHOLD - A Wall Township police officer and a Freehold Borough resident have been hit with charges of code violations in connection with what authorities said is the operation of an illegal restaurant in a residence.

The current charges mirror allegations that were lodged and upheld against the same two individuals less than a year ago.

Borough Administrator Joseph Bellina said a joint operation involved the Freehold Borough Code Enforcement Office, the Freehold Area Health Department and the Freehold Borough Police Department. The investigation resulted in an alleged illegal restaurant being shut down in a home at 58 Mechanic St.

The owner of the home, Wall Township police officer Douglas Borst, and his tenant, Petra Hernandes, were both cited last week with the following violations: zoning ordinance infractions (operating a restaurant in a residence), overcrowding, failure to provide all the names of the home's tenants on the borough's landlord registration form, failure to provide fire extinguishers, and having nonworking smoke detectors and carbon monoxide monitors in the home.

In addition, Freehold Area Health Department officer Margaret Jahn said a summons was issued to Borst and Hernandes for a violation of a law which states that no food may be prepared or offered in a retail food establishment in a residence. Borst and Hernandes were also cited for not having any food documentation from a regulatory facility or distributor for the food being offered in the home.

Borst and Hernandes pled guilty to similar charges in August 2006. On Oct. 24, Borst was cited for residential overcrowding and fined $1,200 on the Mechanic Street home. In addition, at that time, it was determined that the home on Mechanic Street was being used as a retail food establishment and/or a community residential bed and breakfast retail food establishment without the approval of the Freehold Board of Health.

Hernandes was also cited with residential overcrowding in 2006 and fined $1,200. She was also fined $250 for having a person sleeping in the basement of the home and $100 for violating Board of Health regulations.

Mayor Michael Wilson said on June 1 that while borough officials were upset last year when the restaurant at the Mechanic Street home came to light, they are "outraged" it could happen again and that "a law enforcement officer could break the law like this twice."

Officials told the News Transcript the code enforcement office was contacted on June 1 by the New Jersey Division of Alcoholic Beverage Control in order to follow up on the incident. A significant amount of beer was among the items discovered in the home after law enforcement authorities entered the residence.

Bellina said officials received a tip on May 21 from an anonymous caller who said many people had been observed going in and out of the residence that appeared to once again be operating as a food service business.

The borough arranged surveillance and on May 30, after obtaining an administrative search warrant, a team of officials arrived at the residence at dusk, according to Bellina.

Upon their arrival, code enforcement official Hank Stryker III said, five people were found to be sitting at tables eating in the living room. There also appeared to be a take-out food service operating. Business cards were found scattered about and officials found refrigerators and freezers full of food and alcohol.

Stryker said water and other products, in addition to 30 cases of beer, were found in closets and in the basement of the residence. Hernandes was found wearing an apron, cooking for the guests who were seated at tables in the living room.

Stryker said the code enforcement office wants to remain "diligent and proactive in its efforts to keep resident safe."

"We follow up on all complaints and take the proper course of action for all infractions," he said. "Our office is here to protect the health and welfare of all borough residents. What Wall Township does as far as Borst is concerned is up to Wall. We wouldn't want one of our cops doing the same thing in their town. Why should they do this in Freehold?"

Wilson said any fines or penalties that may eventually be issued to Borst and Hernandes if they are convicted of the charges will be at the discretion of Municipal Court Judge Scott Basen.

"We have complete faith in our municipal judge and know he will see that justice is done," the mayor said.

A message left for Wall Township Police Chief David Morris was not returned.

Borst was unavailable for comment.