Minutes · Apr 21, 2016
April 21, 2016
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Show all pagesChairman Neuer said there were no claims filed by way of prerogative writ within the forty five (45) days. He said that the forty five (45) day time limit has been strictly enforced by our courts and cited case law iincluding, Bernardsville Quarry vs. Bernardsville Borough as an example. Chairman Neuer stated that application ZB-14-08 for applicant Sai Hira Ram Trust was approved on September 17, 2015, the resolution was adopted on October 15, 2015 and published on October 22, 2015. Chairman Neuer stated that application ZB-15-02 for 172 CSI Corp. t/a Black and White Taxi was approved on September 17, 2015, the resolution was adopted on October 15, 2015 and published on October 22, 2015. Chairman Neuer stated that application ZB-15-11 for applicant Panorama, LLC d/b/a Chit Chat Diner was approved on November 19, 2015, the resolution was adopted on December 17, 2015 and published on December 24, 2015. Chairman Neuer stated that no lawsuits were filed in the Superior Court of New Jersey within the 45 days on any of these applications and that he recommends that the Board not take any independent action to void the decisions. Chairman Neuer stated that the Open Public Meetings Act requires that notice of all public meetings must be delivered to two publications and unfortunately it was discovered recently that notice may not have been sent to a second publication. Chairman Neuer stated that this oversight was due to an unintentional clerical error by someone who works in the Township administration possibly due to some confusion regarding the requirements of the Open Public Meetings Act and the requirements of the New Jersey Municipal Land Use Law. He said that once it was discovered, the Board Secretary was instructed to deliver the notice to the Star Ledger and now all scheduled regular meetings for the remainder of calendar year 2016 are properly noticed according to the Open Public Meetings Act and the New Jersey Municipal Land Use Law so that there are no potential further problems. Chairman Neuer said that he recommends that no action be taken and opened the floor to the Board Members for any questions or comments. Vice Chairman Buechler stated for the record that he was recused from hearing the application for the Chit Chat Diner but not the Black and White Taxi or Sai Hira Ram Trust applications. He said that he concurs with Chairman Neuer’s
r the record that he was recused from hearing the application for the Chit Chat Diner but not the Black and White Taxi or Sai Hira Ram Trust applications. He said that he concurs with Chairman Neuer’s analysis regarding some of the case law and the
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