April 21, 2016

Chairman Neuer stated that he as Chairman has received inquiries from these individuals which has taken time from the Board’s legal counsel, secretary as well as himself and then these individuals do not appear at the meeting where their inquiries are to be considered. He said Ms. Beirne has written many emails and he has taken the time to research the law so that the Chairman could properly respond to these inquiries. Chairman Neuer said that he finds it disturbing that there are citizens of this community who the Board tries to protect. As Chairman, he listens to their complaints, performs research and consults with legal counsel and then those individuals do not appear to pursue the subjects of their inquiries when those matters are presented to the Board. Chairman Neuer asked the Board’s legal counsel to prepare an amendment to the Zoning Board Rules and Regulations so that any individual who submits inquiries to the Board, the Chairperson, including requests to have the Chairperson issue subpoenas, must provide their full name and addresses. Chairman Neuer said that the requests from Brooke Carlson, Suzanne Bodevin and Akhil Kumar assert that pursuant to the Open Public Meeting Act, because of a clerical error, the meetings may have been conducted without a second publication but the Board is still conducting their investigation. Chairman Neuer stated that even though the second notice may have not been published according to the Open Public Meetings Act, each one of those applications were fully and properly noticed to the public and all citizens within two hundred (200) feet of the site pursuant to the New Jersey Municipal Land Use Law. Chairman Neuer read from the statute and stated that under the Open Public Meetings Act improper notice can make an action taken at an improperly noticed meeting “voidable” and any person seeking to have it “voided” must do so within forty five (45) days after the action sought to be voided has been made public. Chairman Neuer stated that it is his opinion that the three applications in question are not subject to being “voided” because they were properly noticed pursuant to the New Jersey Municipal Land Use Act. He said in order for them to be declared “void” there would have to be a declaration by a court of competent jurisdiction.