Variance for the 23 foot driveway for 44 Freeman Place.

Currently waiting for a response from Nutley Township, they should respond promptly and normally no later than (details).

Dear Nutley Township,

This is a request for public records made under OPRA and the common law right of access. I am not required to fill out an official form. Please acknowledge receipt of this message.
Records requested: I will modify my request for 44 Freeman Place, Nutley, NJ. I seek the variance and or any public document that allowed the widening of the driveway to 23 feet. Any document that allowed the widening of the document has to remain with the property in perpetuity.

Yours faithfully, Rory Moore

Rory Moore

Eleni Pettas, Nutley Township

3 Attachments

Mr. Moore,

 

This correspondence shall serve as Nutley Township (the “Township”)’s 
response to your request for access to government records pursuant to the 
Open Public Records Act, N.J.S.A. 47:1A-1.1, et seq. (“OPRA”), which was 
sent via e-mail on August 6, 2019 at 10:33 PM.  Below are the Township’s
response to said request. 

 

“I will modify my request for 44 Freeman Place, Nutley, NJ. I seek the
variance and or any public document that allowed the widening of the
driveway to 23 feet. Any document that allowed the widening of the
document has to remain with the property in perpetuity.”

Please see attached document. 

 

To the extent that you have also requested access to the above government
records under the common law, your stated interest in obtaining the
records must be balanced against the Township of Nutley’s interest in
nondisclosure.  See Loigman v. Kimmelman, 102 N.J. 98 (1986).  The
foregoing response to your request for access to government records
incorporates the aforementioned balancing test.  Please note that "a
party's status as a litigant does not enlarge its access to government
records under OPRA”.  MAG Entm't, LLC v. Div. of Alcoholic Beverage
Control, 375 N.J. Super. 534, 545-46 (App. Div. 2005).  The Township of
Nutley reserves the right to raise any other grounds for denial not raised
in this response.  Failure of the Township of Nutley to assert an
exemption or privilege does not act as a waiver of any grounds for denial.
 Furthermore, a reviewing Court or the Government Records Council ("GRC")
may deem a denial of access to be authorized on grounds other that those
advanced by a custodian.  See Paff v. Twp. of Plainsboro, A-2122-05T2,
2007 WL 957289, at *2 (App. Div., Apr. 2, 2007), affirming, Paff v.
Township of Plainsboro, GRC Complaint No. 2005-29 (March 2006).  If your
request for access to a government record has been denied or unfilled, you
have a right to challenge the decision by the Township of Nutley to deny
access.  At your option, you may either initiate a proceeding in the
Superior Court of New Jersey or file a complaint with the GRC by
completing the Denial of Access Complaint Form.  You may contact the GRC
by toll-free telephone at 866-850-0511, by mail at P.O. Box 819, Trenton,
NJ, 08625, by e-mail at [1][email address], or on its website at
[2]www.state.nj.us/grc.  The GRC can also answer other questions about the
law.  All questions regarding complaints filed in Superior Court should be
directed to the Court Clerk in your County.

 

Sincerely,

 

Eleni Pettas

 

 

--------------------------------------------------------------------------------------------------------------------------------------------

Eleni Pettas, RMC

Municipal Clerk

 

Department of Revenue and Finance

One Kennedy Drive

Nutley, New Jersey 07110

 

[3][Nutley Township request email]

(973) 284-4955 Office | (973) 284-0640 Fax

 

[4]www.nutleynj.org

show quoted sections

Dear Eleni Pettas, Please ""No nonconforming use nor structure nor any lawful use on a nonconforming lot shall be enlarged, extended, reconstructed or structurally altered, except that such structure or use may be structurally altered to correct an unsafe condition. A nonconforming structure or a lawful structure on a nonconforming lot may be restored or repaired in the event of partial destruction thereof.""

What was an unsafe condition? I seek the document that stated what the unsafe condition was.

Yours sincerely, Rory

Rory Moore