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September 6, 2007
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Freehold zoners hear pitch for Olive Garden
Fate of Jersey Freeze remains up in the air pending board's answer
BY CLARE MARIE CELANO Staff Writer

GEORGE J. EVANS SR. Jersey Freeze has been a landmark on Manalapan Avenue at Route 9 in Freehold for over 50 years. This photograph shows a scene at the venerable ice cream stand and snack bar in the '50s. Evans Photography Studio, Freehold Township, has more than 200,000 negatives of local scenes dating back to the earliest time of the studio. Permission to publish this photograph was graciously granted by Mary T. Evans, daughter-in-law of photographer George J. Evans Sr.
FREEHOLD - The fate of the Jersey Freeze ice cream stand and restaurant is still uncertain.

After three-and-a-half hours of testimony and discussion at the borough Zoning Board of Adjustment's Aug. 28 meeting, an application filed by Chesapeake Companies of Minnesota was continued until Oct. 23.

The applicant proposes to construct an Olive Garden and a bank on the property presently occupied by Jersey Freeze on Manalapan Avenue at the intersection of Route 9 and Route 33. According to the plans, the landmark Jersey Freeze operation would be demolished.

Attorney William Mehr, of Freehold, represented the applicant before the board. The applicant is asking the board to grant a use variance that would permit a restaurant to be constructed in a residential zone.

Jersey Freeze owner Bruce Blackmore appeared with Mehr at the hearing.

Plans call for a 7,762-square-foot Olive Garden Italian and a 3,669-square-foot bank to be built on a 3.75-acre tract that lies in Freehold Borough and Freehold Township.

Jersey Freeze is in Freehold Township, while other structures on the property - a storage building and a home - are in Freehold Borough.

The proposal for the Olive Garden has the restaurant completely in Freehold Borough. Blackmore purchased a liquor license about 18 months ago from Freehold Borough that would be used in this transaction. The bank would be built on the Freehold Township portion of the tract.

The application was presented by Mehr, with testimony from project engineer Steven Coppola, of Bohler Engineering, Warren, and project planner Allison Coffin, of James W. Higgins Associates, Ocean.

The application states that the current use of the property, the restaurant and ice cream stand, the storage building and a house, must come down in order to accommodate the Olive Garden restaurant and a bank.

The land earmarked for the restaurant in Freehold Borough is zoned R-5 residential; therefore, a variance is needed to build the restaurant in that location. If and when the use variance is approved, the applicant will have to return to the board to seek site plan approval.

Mehr said Blackmore has entertained several restaurant proposals over the last few years, including a Ruby Tuesday and an Outback. He said the Olive Garden would be the latest model, with a design inspired by a Tuscan farmhouse with accent lighting and architectural detail.

The restaurant features what was referred to as a "family dining experience and will have 206 seats in the dining area, 30 seats in the lounge and 11 barstools, for a total of 247 seats. A total of 188 parking spaces will be provided for the restaurant. Jersey Freeze currently has 92 indoor seats, 70 outdoor seats, for a total of 162 seats, and 92 parking spaces.

Coppola said the Olive Garden would be built 34 feet from the rear of the property. There will be one door in the rear of the building, which faces the residential area and no window to reflect light or intrude on the privacy of residential homes in the rear of the restaurant.

Coppola said the lighting proposed is "no glare" and will have less of an impact on the neighborhood than the lighting currently used at Jersey Freeze. He said a 25-foot border of deciduous trees, shrubs and other greenery would act as a "heavy buffer" to separate the restaurant from the residential area and minimize the impact on the neighborhood.

Board member William Barricelli asked how much of the existing buffer would be taken down.

Coppola did not have a precise answer, but said that when the applicant returned for a site plan review, all of that information would be provided. He said by that point a four-season buffer would be in place in the plans. He told board members that of all the information they wanted would be discussed in the site plan review.

Coppola said heating, ventilation and air conditioning (HVAC) equipment and other equipment would be hidden with a wall to minimize unsightly scenery and to vent odors straight up.

Coffin testified that the restaurant's hours of operation would be from 11 a.m. to 11 p.m. She said the lounge is not typical and only displays a small amount of liquor compared to restaurants such as T.G.I.F. Friday's or Chili's, and will be used as an area for diners to sit while waiting for a table.

"This restaurant does not focus on its bar. It minimizes its liquor," she said. "Its focus is on serving families."

Coffin said the Olive Garden is not featured as a sports bar and only has one TV in the lounge, as compared to restaurants that have many TVs throughout their location.

She said she believes the restaurant is suitable for the area and would not have a negative impact on the neighborhood. She said it would be an improvement.

Several residents who spoke later in the hearing took issue with that position.

Board member Adele Ehlin told Coffin she was worried about the impact of the restaurant on residents of Frances Drive.

Coffin said she did not see the negative impact.

"That's your opinion," Ehlin said. "Yes, it is," Coffin responded.

"It's not mine," Ehlin answered.

Coffin sited a 1994 ruling by the Freehold Borough Zoning Board that stated that the parcel of land was more consistent with commercial use. That ruling was made during an application for the construction of a storage building on the Jersey Freeze property.

Zoning Board Attorney Vincent Halleran told Coffiin that decision was for one small section of the property.

Coffin said she thought it made sense to deal with the entire parcel as a commercialmanufacturing tract.

Traffic was a concern for board members and for residents of Frances Drive.

Charles Olivo, of Atlantic Traffic and Design Engineering, Warren, testified that during the two visits he made to the site, he saw a much larger seasonal spike in traffic at Jersey Freeze. He did not foresee those spikes occurring at the Olive Garden.

During the public portion of the meeting, Thomas Crawford, who grew up on Frances Drive, said he is very concerned about the traffic in the area of Frances Drive. He said he thought the presence of a restaurant could create a 10 to 20 percent reduction in property values and asked Coffin if she had any research on that contention.

She said property values were not in her realm of expertise.

Crawford said he understood both sides the issue, but nonetheless was concerned about how the Olive Garden would affect the area.

"This is very frustrating for the townspeople. There has been tremendous development in this area and this will disrupt traffic patterns no matter what they tell you," he told the board members.

Crawford said he was worried about "rodents and bugs being 30 feet from my home." He asked, "So are we crowbarring a place in because of a liquor license?"

The board members did not respond to the question.

"Bruce has always been a good neighbor," Crawford said of Blackmore, "but this is his problem, not ours."

Mary Anne Haley, of Frances Drive, said she was concerned about the capacity of the water and sewer system that might be overloaded with an Olive Garden restaurant.

"Chili's (restaurant nearby) backed up our sewers and we are uphill from Chili's," she said, adding that she was worried any overflow would flow downhill to her area.

Mehr said the applicant will design a system that works.

Haley said, "We are at the mercy of what Freehold Township wants to do. We knew it could expand, but we had residential zoning and we knew Freehold Borough would protect us. Now that protection is going to go away. Corporate America is what it is. What will happen if they sell out? That's a fact I want you to consider. Bruce has been a good neighbor and has worked with us, but between Chili's and Barnes & Noble (bookstore nearby), enough is enough."

Borough Councilman Robert Crawford, who lives on Frances Drive, attended the meeting and said he had been a good neighbor with Jersey Freeze for 48 years. He recalled purchasing many birthday cakes at Jersey Freeze over the years.

He said he respects Blackmore, but reiterated his son, Thomas', words that "this is Bruce's problem, not the neighborhood's problem."

Jersey Freeze was founded by Blackmore's father as a seasonal ice cream stand in the early 1950s and was a landmark on the former Freehold traffic circle. Jersey Freeze later became a year-round operation. Blackmore has run Jersey Freeze since 1980. He has said he is looking for a new location for Jersey Freeze pending the Olive Garden application.

A television news crew was at Jersey Freeze last week to do a story about the possible demise of the popular eatery. People interviewed by the TV reporter were asking Blackmore to stay. Blackmore told the reporter that he has run the restaurant for a long time and might like to take a break from the grind of operating an independent business.