Town of Kearny
New Jersey

Resolution
(R)-2018-308

(*) Resolution Authorizing Permission to Encroach Upon Town Right of Way at 242 Kearny Avenue, Block 234, Lot 2, with Scaffolding in the Front of the Building for a Period Not to Exceed Three (3) Weeks from the Time of Installation, for the Purpose of Renovating the Front Façade of the Building.

Information

Department:Construction Code EnforcementSponsors:Council Member Carol Jean Doyle
Category:EncroachmentsFunctions:None

Attachments

  1. Printout

Body

WHEREAS, Jim Aboukaff, President of Litana Development, Inc., 50 Galesi Drive, Suite 11, Wayne, NJ 07470, has requested permission of the Mayor and Council to encroach upon the Town's right of way at 242 Kearny Avenue, Block 234, Lot 2, in the Town of Kearny, with scaffolding in the front of the building for a period not to exceed 3 weeks from the time of installation, for the purpose of renovating the front facade at said premises; and

WHEREAS, the Town Engineer has advised that there is no engineering reason why permission could not be granted with the usual restrictions.

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Kearny, in the County of Hudson, that:

              1.              The aforesaid recitals are incorporated herein as though fully set forth at length.

              2.              A right and license be and is hereby granted to Jim Aboukaff, President of Litana Development, Inc., 50 Galesi Drive, Suite 11, Wayne, NJ 07470, to encroach upon the Town’s right of way at 242 Kearny Avenue, Block 234, Lot 2, in the Town of Kearny with scaffolding in the front of the building for a period not to exceed 3 weeks from the time of installation, for the purpose of renovating the front facade at said premises, subject, however, to the following conditions:

a)              The encroachment shall be a maximum of 5 feet onto the town sidewalk, and shall maintain an adequate walkway for pedestrian traffic along Kearny Avenue.

b)              The said right and license shall be revocable at any time by resolution of the governing body of the Town of Kearny.

c)              In the event the said right and license is terminated, the owner shall remove said encroachment within thirty (30) days after notice of said termination is served upon it, and restore the public right of way to its former condition.

d)              Upon the owner's failure to do so, the Town may remove said encroachment and charge the cost thereof to the owner; and

e)              The said owner shall comply with all other applicable laws, ordinances and regulations of the State and Town of Kearny in connection therewith.

3.              The Mayor and Town Clerk be and they are hereby authorized to execute any and all documents and to take any and all actions necessary to complete and realize the intent and purpose of this Resolution.

4.              Said right and license shall be conditioned on said owner's written agreement to indemnify and hold the Town of Kearny harmless against liability for any and all claims for damage to property or injury to persons arising out of or resulting from the issuance of said license and owner's use of the property.

5.              This Resolution shall take effect immediately.

Meeting History

May 22, 2018 7:00 PM  Council Caucus / Regular Meeting
draft Draft
RESULT:ADOPTED [UNANIMOUS]
MOVER:Carol Jean Doyle, Council Member
SECONDER:Alberto G. Santos, Mayor
AYES:Carol Jean Doyle, Susan McCurrie, Eileen Eckel, Albino Cardoso, Marytrine DeCastro, Peter Santana, Alberto G. Santos
ABSENT:Michael Landy, Richard Konopka

Discussion