Title
Dept/ Agency: Economic & Housing Development
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Purpose: Settlement of Civil Litigation
Docket No.: ESX-L-2957-15
Claimant: Springfield Avenue, LLC
Claimant's Attorney: Chiesa Shahinian & Giantomasi, PC
Attorney's Address: One Boland Drive, West Orange, New Jersey 07052
Settlement Amount: N/A
Funding Source: No Funding Required
Additional Comments:
Body
WHEREAS, Springfield Avenue Retail, LLC is the owner of land in the City of Newark designated as Block 236, Lot 1.06 on the Tax Map of the City of Newark (the "Property"); and
WHEREAS, on November 20, 2014, Springfield Avenue Retail, LLC submitted an application to the Central Planning Board of the City of Newark ("Planning Board") for amended final site plan approval with variances ("Amended Application"); and
WHEREAS, the Amended Application sought to reduce the square footage of a fast food restaurant with drive-thru ("Restaurant"), which was approved by the Planning Board and memorialized in a resolution dated on August 13, 2013 ("2013 Approval"), by approximately 94 square feet or 2% of the overall square footage and also sought certain variances related to signage; and
WHEREAS, notices were published in the Star-Ledger on February 13, 2015 and mailed to all property owners within a 200 foot radius of the Property advising that the Amended Application was going to be considered by the Planning Board in accordance with N.J.S.A. 40:55D-12; and
WHEREAS, after carrying the Amended Application from its initial hearing date of February 23, 2015, at the request of the public, the Planning Board conducted public hearings on the Amended Application over the course of two hearings held on March 9, 2015 and March 23, 2015 ("Public Hearings"); and
WHEREAS, at the conclusion of the March 23, 2015 Planning Board meeting the Planning Board voted to unanimously deny the Amended...
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