Diner ready to open thanks to easement
Councilman argues town should charge for use of right of way
BY VINCENT TODARO
Staff Writer

EAST BRUNSWICK - One final approval needed for the reopening of the Colonial Diner has been granted.

The Township Council on Monday voted to grant an easement to the Route 18 diner so that it can use a township right of way for parking, as it did prior to its recent construction project.

While no one opposed the diner's use of the right of way, Councilman David Stahl was upset the township gave it away for free.

Stahl felt the township should have charged some fee for allowing use of the roughly 900 square feet of right of way. He noted as an example that property owners on Summerhill Road will be compensated for land they are giving up to facilitate road improvements.

Stahl was on the Planning Board when the diner originally came forward with plans to redesign its building in 2004. The diner later amended its site plan application, and at that point it was determined that a small portion of the existing parking lot encroaches on the township's right of way.

The township's ordinance granting the easement indicates it is doing so "due to the diner's longstanding history with the township."

Stahl voted with the rest of the council to grant the easement, saying he feels the parking spots are a benefit to public safety.

"If we give them this deed of easement, there should be a dollar value on this," Stahl said. "But I'll support this because it is a longstanding business and a safety issue for residents. But there is a value to this."

Mayor William Neary said being able to maintain those parking spots is not only better for the diner but also for the people who go there.

Township Attorney Michael Baker said the diner actually owns the property in question, and the township only has rights over use of the right of way.

"But it's still giving them the right to park there. We own the right of way and they can't park there," Stahl responded.

Stahl had an earlier concern about whether the deed easement would continue, should the property be sold or its use changed. The easement was then to state that if the property is no longer used for a diner, the right of way cannot be used for parking.

The dinner, which expanded to add more than 100 new seats, is expected to reopen Monday.