Developments in the Hendrickson Cemetery Issue at Beau Ridge

The Monmouth County Prosecutor's Office has determined that the destruction of the centuries-old headstones at the historic Hendrickson family Burial Ground, allegedly at the direction of the Beau Ridge Board of Directors, should be handled in civil court. 

"The matter was referred to us by the Holmdel Police Department," said Assistant Prosecutor Michael Wojciechowski on August 9. "It was determined it was not a criminal matter, and should best be handled as a civil matter," he said. Wojciechowski declined to say more about the decision. 

Although that determination was made "months ago," according to Wojciechowski, it was news to Arthur Rittenhouse, the local representative of the Hendricks and Hendrickson Family Association (HHFA), who learned of it last week.

"Now we know what direction we are going, we can go full steam ahead," said Rittenhouse. 

"The main goal right now -- not to say we won't seek more -- but the whole purpose of this will be to restore and reconstruct our cemetery, and get legislation passed that this doesn’t happen ever again," he said. The HHFA is represented by John Anzalone, of the Woodbridge law firm of Wilentz, Goldman & Spitzer.

The historic one-acre cemetery, with some gravestones dating back to the 1700s, is located inside a forested area at the 63-acre Beau Ridge development, near South Laurel Avenue and Beau Ridge Drive. When the leaves fall it is within view of around two dozen of the sand-colored attached townhomes.

Between the end of August and beginning of September 2010, the old headstones were removed by a contractor allegedly working for Beau Ridge. A resident objected to the Holmdel Police Dept., who called for a halt to the project while the matter was referred to the county Prosecutor's office for a criminal investigation. 

While waiting for news from the Prosecutor, Rittenhouse has held two memorial services at the cemetery and has been updating the family association Facebook page.

He is working with Sen. Joseph M. Kyrillos, Jr., the primary sponsor of a state cemetery protection bill. It was introduced in the Senate in May and is sitting in the State Government, Wagering, Tourism & Historic Preservation Committee, according to his office. 

He said he has also heard from a Holmdel Eagle Scout who wants to help build a fence around the cemetery. 

Meanwhile, at Beau Ridge, two newly-elected board members have become involved in litigation this summer to oust two other board members who they say participated in the board's decision to remove the old cemetery stones, allegedly without alerting the 250 condo unit owners or the HHFA.

Board members Daniel Maher and Eugene Chen want former board President Edwin H. Elzer and former Secretary Natalya Gulko to step down and hand over their records. The fight revolves around the legality, under Beau Ridge Condominium Association rules, of a "special meeting" held by Maher and Chen on June 15, at which they say a sufficient number of homeowners voted to remove Elzer and Gulko.

The validity of the meeting was challenged by Beau Ridge Condominium Association attorney Thomas Vincent Giaimo of Rumson, who has advised board members not to comment publicly. Litigation continues in Monmouth County Superior Court, Chancery Division.

In a letter distributed to Beau Ridge Condominium Association owners on August 2, the Board of Directors explained their argument of the somewhat complex legal issue surrounding the special meeting.

"It discusses the ongoing, misguided civil litigation filed by several unit owners and related issues," said Giaimo on August 9, who shared the letter with Patch.

The letter offers the board's side of the story about what happened at the cemetery last fall. In it, they say that the board, in open meetings, had embarked upon a restoration and preservation project for the cemetery in June 2010. "A $3,000 deposit was paid to order new granite headstones," the letter said. 

The letter continues to say that the trustees contacted Holmdel Township to get permission to work on the cemetery. "Further, the Board contacted the Holmdel Historical Society to get their blessing for the restoration work," according to the Trustees.  

Township Historian George Joynson, said neither he, nor the volunteers at the Society, ever gave the Beau Ridge Condominium Association approval to destroy the Hendrickson Cemetery. Nor would they even have the authority to do so, he said. 

"That a historical society would approve the destruction of a historical cemetery is as absurd as it sounds," he said in a written statement. "The Beau Ridge at Holmdel Condominium Association did not ask the society who owned the cemetery, who is buried in the cemetery, or help with finding the descendants of the burials. As a historical society, we are upset with their actions and hope that the cemetery will be restored."