AVALON – The Avalon Planning Board approved a settlement agreement Dec. 14 that will resolve litigation brought by Andrew Buchanan, the previous owner of Circle Pizza on Dune Drive and several lots along 21st Street.
Buchanan announced the sale of Circle Pizza, Big Chancho’s Tacos, Beach Burger, and the Garden of Eat’n in an Aug. 29 Facebook post. The settlement took place in October.
Prior to selling the property, Buchanan appeared before the board seeking approval for a development known as Whispering Woods. Although the overall project did not proceed, Buchanan maintained that he had obtained permits that should still be honored by the borough. He filed suit in Superior Court.
In a Planning Board meeting lasting just under an hour, the board was asked not to rule on a site plan, but rather to accept or reject a settlement the borough had reached with Buchanan and the new owners of the property. Buchanan is still involved as a litigant since he brought the original action.
The settlement presented a modest site plan that involved changes to curbing on Dune Drive and altering fences and vegetation barriers along 21st Street, with the aim of providing five lots of property involved in the site plan with additional parking spaces. As part of the settlement, the borough agreed to stripe the street for five parking spaces on Dune Drive, where there is currently a driveway cutout.
The settlement is based on a commercial site plan with no residential component. Any changes to the site plan in the future would have to go through the normal approval process.
The discussion centered on three documents – a copy of the survey, the site plan and the written settlement agreement itself.
Before the settlement agreement can be filed with the court, it will need the approval of Avalon Borough Council. The governing body indicated it would take up the matter at its Jan. 12 meeting.
To contact Vince Conti, email vconti@cmcherald.com.
