Title
Dept/ Agency: Offices of Municipal Council/City Clerk
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Citizens appeal
Purpose: Appeal of a decision of the Board of Adjustment
Name of Appellant: Carlos M. Raimundo of the Concerned Citizens of the Ironbound
Address of the property: 360 New York Avenue, Newark, New Jersey
Sponsor:
Additional Information:
body
WHEREAS an appeal has been filed by Carlos M. Raimundo of the Concerned Citizens of the Ironbound to the Municipal Council of the City of Newark on April 2, 2015 from a decision by the Board of Adjustment on March 26, 2015, which granted a Use (“D”) Variance for density and “C” Variances for parking, minimum rear setback, in connection with the proposed construction of a four story mixed use building with pre-school and residential units at 360 New York Avenue, Newark, N.J; and
WHEREAS the final decision of the Board of Adjustment was memorialized on 6/25/15 and the date of publication was 6/30/15; and
WHEREAS the Municipal Council only has statutory authority to review the granting of Use (“D”) Variances and has no statutory authority to review “C” Variances, and
WHEREAS the appeal concerning the granting of the “D:” Variance, pursuant to N.J.S.A. 40:55D-17 being an appeal de novo on the record established at the Board of Adjustment; and
WHEREAS N.J.S.A. 40A:55D-17C provides that if Municipal Council does not hold a hearing, conclude a review of the record below and render a decision within the specified 95 day statutory period, which commenced on June 30, 2015, the same shall constitute a decision affirming the action of the Board of Adjustment pursuant to this statute; and
WHEREAS the Municipal Council has not concluded its review of the record below and rendered a decision and the 95 day statutory period for review having expired, N.J.S.A. 40A:55D-17C mandates that the decision by the Board of Adjustment approving the Use “D” Variance be affirmed; and
WHEREAS pursuant to Court Rule 4:69- (B) (3) (Actions In Lieu of Prerogative Writs) Appellant is hereby advised of his right to appeal to the Superior Court of New Jersey within 45 days of the date of publication of the Municipal Council’s decision as set forth in the within Resolution.
NOW THEREFORE BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, THAT:
1. The City Clerk shall mail a copy of this Resolution to the Appellant and the Applicant no later than 10 days from the date of passage of the within Resolution.
2. The City Clerk shall mail a copy of this Resolution to the Board of Adjustment, City of Newark, to the attention of: N’Dela Costley, Board Secretary, within 10 days of the date of passage of the within Resolution.
3. The City Clerk shall publish a notice of this Resolution in a newspaper with general circulation in the municipality.
STATEMENT
This resolution confirms the decision of the Board of Adjustment of the City of Newark in the matter of 360 New York Avenue as a result of the fact that the Newark Municipal Council has not rendered a decision on an appeal within the required 95 day review period.