West End housing plan by NIBR, LLC OK’d
Wednesday, September 11, 2019 • The Hammonton Gazette • Page 3
PLANNING, from Page 1
both 100 and 101 West end ave.,
previously owned by Hammonton
Package Sales Co.
Frederick J. DeClement, coun-
sel for NiBr, presented the appli-
cation, with testimony by
Landgraf; John Bee, the com-
pany’s authorized member; and
anthony Nastasi, a prospective
tenant.
Before DeClement began the
presentation, board solicitor James
Schroeder spoke regarding a legal
matter.
“there is a settlement agree-
ment between Mr. Bee’s company
and the town. it is my understand-
ing that you, with Mr. [Michael]
Malinsky, have worked out condi-
tions which have made us able to
hear this tonight and not run afoul
of that litigation,” Schroeder said.
Malinsky, appearing as solicitor
for the town of Hammonton, ex-
plained that on July 25, 2011,
NiBr, LLC entered into a Mount
Laurel Litigation settlement agree-
ment with the town and the Ham-
monton Planning Board. NiBr,
LLC has been in breach of that set-
tlement agreement since July 1,
2013, and has remained in breach.
it is the town’s understanding
that NiBr, LLC needs capital in
order to develop the 59-unit town-
house project that was part of that
settlement agreement. in accor-
dance with section 11.2 of the set-
tlement agreement, the town is
going to cooperate with NiBr,
LLC in order to carry out the pur-
poses of the settlement agreement
which was to construct the 59
townhouse units that were part of
the settlement agreement,” Malin-
sky said.
Malinsky stated that the town
has requested that any resolution
of approval include the following
18 conditions that he read into the
record, and which Malinsky pro-
vided to The Gazette:
1. any pre-existing noncon-
forming use certification or use
variance approval shall expire five
(5) years from the date of the res-
olution.
2. any lease to occupy any of
the buildings on the site must ter-
minate within five (5) years of the
date of the resolution and inform
any tenant that the premises shall
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be demolished after 5 years. it
being understood that no occu-
pants shall be in any building that
makes up Phase i or Phase ii of the
development.
3. On or before October 1, 2019,
the applicant shall enter into a
Contract of Sale with the town for
the purchase of Lot 1, Block 2416
and Lot 1, Block 2418 for the pur-
chase price of $100,000. the Con-
tract of Sale shall contain an
environmental hold harmless and
indemnification provision con-
firming that the applicant shall be
solely responsible for any and all
remediation of the parcels.
4. On October 1, 2019, the ap-
plicant shall commence paying
$2,508.47 a month to the town to
be applied first towards the pur-
chase price of Lot 1, Block 2416
and Lot 1, Block 2418, and then
towards the Outstanding taxes
pursuant to Section 6.1 of the Set-
tlement agreement as hereinafter
defined.
5. On or before November 29,
2019, the applicant shall apply to
the Pinelands Commission for Pre-
liminary and Final Major Site Plan
approval for Phase i and ii and
Preliminary Major Site Plan ap-
proval for Phase iii and iV.
a. Phase i shall consist of the de-
velopment of the thirteen (13)
townhouse units along Washington
Street and Pleasant Street;
b. Phase ii shall consist of the
development of the nineteen (19)
townhouse units along West end
avenue, starting at the intersection
of West end avenue and Pleasant
Street;
c. Phase iii shall consist of the
development of the remaining
twelve (12) townhouse units and
parking on West end avenue; and
d. Phase iV shall consist of the
development of the eleven (11)
townhouse units on West end av-
enue, in between the intersections
of West end avenue and Pleasant
Street and West end avenue and
Orchard Street, and the four (4)
townhouse units located along Ja-
cobs Street, West end avenue and
Orchard Street
i. all townhouse units and their
development shall be in accor-
dance with the NiBr, LLC –
town of Hammonton Mount Lau-
rel Litigation Settlement agree-
ment entered into between the
town and NiBr, LLC and dated
July 25, 2011 (the “Settlement
agreement”).
6. the applicant must use its
best efforts to obtain a Certificate
of Filing from the Pinelands Com-
mission and must respond in a
timely manner to any and all re-
quests from the Pinelands Com-
mission for any information or
documentation. For purposes of
this paragraph, the term “timely
manner” shall mean within four-
teen (14) days from the date of re-
ceipt of any correspondence or
email from the Pinelands Commis-
See MEEtING, Page 12
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