Title
BOARD OF ADJUSTMENT APPEAL
In the Matter of the Appeal to the Municipal Council from the Grant
of a Use ("D") Variance for a Driveway with a Width
Exceeding Twenty (20) Feet at 2-16 Avenue C
Appeal No. ZBA-15-4
(No transcript provided)
Josephine Stewart, Appellant
2 Avenue C L.L.C./Anderson Vieira, Applicant
Body
DECISION
WHEREAS, an appeal has been filed by Josephine Stewart to the Municipal Council of the City of Newark on February 17, 2015 from a decision by the Board of Adjustment dated February 5, 2015, pertaining to a truck repair shop at 2-16 Avenue C (Application ZBA-15-4), which decision granted a Use ("D") Variance for driveway with width exceeding 20 feet; and, two "C" Variances for no on-site parking; and, projection sign exceeding maximum area; and
WHEREAS, the Municipal Council only has statutory authority to review the granting of the Use ("D") Variance 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, the Board of Adjustment decision was published on March 13. 2015; and
WHEREAS, N.J.S.A. 40:55D-17C requires the Appellant to arrange for a transcript of the proceedings before the Board of Adjustment within 5 days of the date of filing the Notice of Appeal; and
WHEREAS, Appellant has failed to arrange for the said transcript to date in violation of N.J.S.A. 40A:55D-17C, despite being advised in writing by attorneys for the Municipal Council of her obligation to do so, and
WHEREAS, N.J.S.A. 40A:55D-17C provides that the Municipal Council is required to conclude its review of the record established before the Board of Adjustment not later than 95 days from the date of publication of the notice of the decision by the Board of Adjustment which occurred on March 13...
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