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Zoning Board of Adjustment Minutes of Meeting on May 21, 2012

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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:
Minutes of the Meeting of the Zoning Board of Adjustment held on May 21, 2012.

Yours faithfully,

Satish Agarwal

Pamela Franco, Nutley Township

Pamela Franco would like to recall the message, "OPRA request No. 143-20".

Pamela Franco, Nutley Township

2 Attachments

Mr. Agarwal,

 

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 
received on March 7, 2020.  Below are the Township’s responses to each
said request.

 

1.     “Records requested: Minutes of the Meeting of the Zoning Board of
Adjustment held on May 21, 2012.”-----  See attached audio records. Note
this response will be sent in three separate emails due to file size
limitations.

 

 

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 Paffv. 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.

 

Thank you,

 

 

---

Pamela Franco

Municipal Clerk’s Office
Department of Revenue and Finance

Township of Nutley, NJ

(973) 284-4955 x2202 Office

(973) 284-5668 Fax

[3]www.nutleynj.org

 

P Please consider the environment before printing this email

 

References

Visible links
1. mailto:[email address]
2. http://www.state.nj.us/grc
3. http://www.nutleynj.org/

Pamela Franco, Nutley Township

2 Attachments

Email 2/3 (please see attached file).

 

Thank you,

 

---

Pamela Franco

Municipal Clerk’s Office
Department of Revenue and Finance

Township of Nutley, NJ

(973) 284-4955 x2202 Office

(973) 284-5668 Fax

[1]www.nutleynj.org

 

P Please consider the environment before printing this email

 

From: Pamela Franco
Sent: Tuesday, March 17, 2020 2:46 PM
To: '[OPRA #10266 email]'
<[OPRA #10266 email]>
Cc: Eleni Pettas <[Nutley Township request email]>; Ceci Tramontana
<[email address]>
Subject: RE: OPRA request No. 143-20

 

Mr. Agarwal,

 

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 
received on March 7, 2020.  Below are the Township’s responses to each
said request.

 

1.     “Records requested: Minutes of the Meeting of the Zoning Board of
Adjustment held on May 21, 2012.”-----  See attached audio records. Note
this response will be sent in three separate emails due to file size
limitations.

 

 

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 Paffv. 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 [2][email address], or on
its website at [3]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.

 

Thank you,

 

 

---

Pamela Franco

Municipal Clerk’s Office
Department of Revenue and Finance

Township of Nutley, NJ

(973) 284-4955 x2202 Office

(973) 284-5668 Fax

[4]www.nutleynj.org

 

P Please consider the environment before printing this email

 

References

Visible links
1. http://www.nutleynj.org/
2. mailto:[email address]
3. http://www.state.nj.us/grc
4. http://www.nutleynj.org/

Pamela Franco, Nutley Township

2 Attachments

Final email No. 3/3 (please see attached files)

 

Thank you,

 

---

Pamela Franco

Municipal Clerk’s Office
Department of Revenue and Finance

Township of Nutley, NJ

(973) 284-4955 x2202 Office

(973) 284-5668 Fax

[1]www.nutleynj.org

 

P Please consider the environment before printing this email

 

From: Pamela Franco
Sent: Tuesday, March 17, 2020 2:51 PM
To: '[OPRA #10266 email]'
<[OPRA #10266 email]>
Cc: Eleni Pettas <[Nutley Township request email]>; Ceci Tramontana
<[email address]>
Subject: RE: OPRA request No. 143-20

 

Email 2/3 (please see attached file).

 

Thank you,

 

---

Pamela Franco

Municipal Clerk’s Office
Department of Revenue and Finance

Township of Nutley, NJ

(973) 284-4955 x2202 Office

(973) 284-5668 Fax

[2]www.nutleynj.org

 

P Please consider the environment before printing this email

 

From: Pamela Franco
Sent: Tuesday, March 17, 2020 2:46 PM
To: '[OPRA #10266 email]'
<[3][OPRA #10266 email]>
Cc: Eleni Pettas <[4][Nutley Township request email]>; Ceci Tramontana
<[5][email address]>
Subject: RE: OPRA request No. 143-20

 

Mr. Agarwal,

 

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 
received on March 7, 2020.  Below are the Township’s responses to each
said request.

 

1.     “Records requested: Minutes of the Meeting of the Zoning Board of
Adjustment held on May 21, 2012.”-----  See attached audio records. Note
this response will be sent in three separate emails due to file size
limitations.

 

 

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 Paffv. 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 [6][email address], or on
its website at [7]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.

 

Thank you,

 

 

---

Pamela Franco

Municipal Clerk’s Office
Department of Revenue and Finance

Township of Nutley, NJ

(973) 284-4955 x2202 Office

(973) 284-5668 Fax

[8]www.nutleynj.org

 

P Please consider the environment before printing this email

 

References

Visible links
1. http://www.nutleynj.org/
2. http://www.nutleynj.org/
3. mailto:[OPRA #10266 email]
4. mailto:[Nutley Township request email]
5. mailto:[email address]
6. mailto:[email address]
7. http://www.state.nj.us/grc
8. http://www.nutleynj.org/

We don't know whether the most recent response to this request contains information or not – if you are Satish Agarwal please sign in and let everyone know.