But, Robert Kraeger said he is not withdrawing his testimony against the applicant.
By John Tredrea
Elm Ridge Park resident Robert Kraeger, one of the two Hopewell Township men who sued the Hopewell Township Zoning Board of Adjustment over its approval of a plan to create a restaurant in a historic farmhouse at 350 Carter Road, has withdrawn from the lawsuit.
That leaves Ted Petrie, also of Elm Ridge Park, alone in the lawsuit against the zoning board, Townsend Property Trust Limited Partnership of Towson, Md., and EAT Inc. of Rocky Hill.
Mr. Kraeger announced his decision to drop out of the lawsuit in a brief March 1 letter to Mr. Petrie and Stuart Lieberman, the Princeton attorney who represented the two men.
"I rescind and will not be a part of any legal action against the zoning board of adjustment, township of Hopewell, effective March 1, 2004," Mr. Kraeger wrote.
The letter was copied to all members of the zoning board; Robert Casey, zoning board attorney; and Robert Miller, zoning officer.
Mr. Kraeger is a member of the Zoning Board of Adjustment. However, he recused himself from the board’s series of hearings on the application of EAT Inc.
On Nov. 12, 2003, the board voted unanimously in favor of granting EAT Inc. a use variance, under which the firm can operate a restaurant, bar, catering service, bar and lounge at the Carter Road site. First-floor plans for the site include a main dining area and adjoining porch, bar and lounge, two private dining rooms and a kitchen and catering area, with a total seating capacity of 218. Planned for the second floor is a ballroom, with seating for 200.
John Marshall of EAT Inc. said he has begun the process of trying to obtain a liquor license for the site.
In his March 1 letter, Mr. Kraeger also said he is not withdrawing his testimony against the applicant, meaning that he could still be a witness when the Petrie case goes to court.
The lawsuit, filed in state Superior Court Jan. 30, includes testimony from Mr. Kraeger that Mr. Marshall tried to influence the zoning board’s decision by improperly offering Mr. Kraeger a job landscaping the property, should the board approve the application. Mr. Marshall denied the accusation, saying he did not know Mr. Kraeger was a member of the zoning board when the matter was discussed between the two men.