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SPECIAL MEETING – JULY 6, 2010

Council President Murphy called the Special Meeting to order at 6:00 pm and
read the Open Public Meetings Statement:

The notice requirements provided for in the “Open Public Meetings Act” have
been satisfied. Notice of this meeting was properly given in a notice which was
transmitted to the Times of Trenton and the Trentonian, filed with the Clerk of the
Township of Ewing and posted in the Ewing Township Municipal Complex, all on
the 28th day of June, 2010.

ROLL CALL

ƒ Mr. Cox – Present Jack Ball, Mayor


ƒ Mr. Steinmann- Present David Thompson, Administrator
ƒ Ms. Wollert- Present Mike Hartsough, Attorney
ƒ Mr. Summiel – Present Stephen Elliott, Clerk
ƒ President Murphy - Present

PURPOSE

The Special Meeting was called for the purposes of holding a hearing on the renewal
of Liquor License #1102-33-016-007 (Amphora Restaurant, LLC t/a/ Erini’s).

Attorney Hartsough described the procedure for the hearing. He advised that the
Council’s decision would be subject to review by the State ABC that the decision
could be appealed by any party and the ABC Director would review the transcript
of the hearing.

Council’s role would be to make a decision regarding the renewal of the license, not
to review it. Council can craft conditions and allow operations to continue.

Police Lt. DeAngelo provided Council with updates of calls for service to Erini’s
listing 32 complaints, 20 calls regarding noise and 1 citation. He indicated that most
calls came from a handful of people. There had been 1 underage drinking episode.

Construction Official Bill Erney reviewed a series of inspections that his office had
done on the premises with over 30 violations. He said that about half of these had
been addressed and the owner was working on compliance with the others. He said
that he had concerns under the Fire Code about whether or not the restaurant’s
operations constituted a “night club”, in which the establishment would have to be
fully sprinklered. He is reviewing this with the State Fire Code Officials.

Objectors to renewal of the license then spoke. Michael Fedun presented himself as
attorney representing Suzanne Merril and Tracy Radler, neighbors at 1144 River
Rd. He indicated that his clients’ lives had been negatively impacted by noise and
other late night activities outside the establishment.

Kathy Ulrich (Delaware Ave), Mary Shepard (High Acres Ave) Janet Eickhoff
(Edwards Place), Donald Brown (Scenic Drive), Ed Meara (High Acres Dr) Dave
Hnadler (Mountain View Dr) all spoke on issues regarding excessive noise and
littering.

Supporters of renewing the licensee then spoke. They included Derrick Johnson
(Hawthorne Pl) spoke about the efforts to turn down the noise. Beth Marat
(Titusville), Barbara Walsh (Lambertville), Jeff Tittle (Lambertville), Mike Viola
(Mercerville) Linda Rostron (Parkway Ave) and Michael Young (Mansion Hill Dr)
all spoke, lauding the service that the restaurant provided and that they have been
long time customers.

James Kravitz presented himself as attorney for the licensee. Mr. Kravitz
questioned Ann Marie Hoffman who had worked in restaurant operations at the
establishment since 2000. She stated that Ms. Radler had operated Scudder House
Creamery and had supplied Merlino’s Restaurant, the predecessor restaurant, with
desserts. This arrangement was terminated due to cost.

Mr. Kravitz then called Doree Fifis to discuss the licensee’s operations. She
indicated that she had been in the restaurant business for over 30 years and that this
was the third establishment she had owned. She purchased it in 2007 and added
that 60% of the business comes from food and the balance for alcohol sales. She
said that she had hired people to work outside to monitor noise and the age of
patrons. She also stated that she operated a full service establishment and that it
was not a nightclub.

Both Mr. Steinmann and Mr. Summiel voiced questions to the attorney and Mr.
Steinmann indicated that Construction Officer Erney would likely recommend at
least some type of sprinkler system due to the age of the building.

Mr. Summiel asked Attorney Hartsough to clarify the issues before Council.
Attorney Hartsough stated that some of the issues discussed dealing with building
code were not pertinent to the licensing renewal. He said that Council had to act
within 45 days of the filing of the renewal application (June 28) and if no decision
was made, NJABC would consider that a rejection.

He said that the NJABC encouraged discussions among parties to settle complaints.

After further discussion, Ms. Wollert moved to approve renewal with certain
conditions, which motion was seconded by Mr. Cox.

The conditions included:

1. Sales of liquor would end at 1:30 pm;


2. No sales or service outside after 10:00pm
3. Installation of noise monitoring equipment outside;
4. Any use issues to be addressed to the Township Zoning Board.

Attorney Hartsough also suggested that the Township Council retain jurisdiction to
see that the conditions were properly met and also suggested that the original
complainants meet with the restaurant representatives to settle any remaining
issues.

The resolution was approved by voice vote, subject to formal action at the July 13
Council meeting.

There being no further business, President Murphy called for a motion to adjourn.
Mr. Steinmann so moved, seconded by Ms. Wollert. The meeting was adjourned at
10:48 pm.

________________________________ _______________________________
Joseph Murphy, Council President Stephen W. Elliott, Municipal Clerk

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