Villadom Times Weekly Newpaper Online-November 4, 2009 Issue

Franklin Lakes November 4, 2009 THE VILLADOM TIMES I • Page 7 Board denies additional hearings on subdivision by Frank J. McMahon Based on the advice of its attorney, the Franklin Lakes Planning Board has decided not to grant a request by the owner of a 3.4-acre site on Cinnamon Lane to allow additional public hearings on a subdivision application that was denied last June. Planning Board Attorney John Spizziri had originally advised the board that the property owner, William Smith Jr., who is no relation to the borough’s former attorney and current council candidate, had the right to request the reopening of the application for the purpose of providing additional testimony and evidence. However, after reviewing the law pertaining to such an action, he told the board at its last public meeting that it could not reopen the public hearing on the matter and that the applicant would have to submit a new application to the board. The additional public hearings were requested by Craig Hughes, the attorney for Smith, who claimed he had discovered new evidence about a soil moving permit for the property. Spizziri said he believes that Hughes will now file an appeal of the board’s denial in Superior Court on behalf of his client. Smith wanted to subdivide his property, which is in the A-40 residential zone, into two lots. The existing lot is 3.4 acres and the new lots would have been 40,046 and 108,006 square feet, with both lots conforming to the borough’s area requirement. One of the lots, however, would have required two dimensional variances. The application came before the planning board in December 2004 and the board held eight public meetings to hear relevant testimony. During those hearings, two adjacent neighbors complained that a large amount of fill had been brought to the site over the years, eliminating much of the wetlands on the property and elevating it so wetland areas were forced onto their properties. Smith’s attorney at the time argued that he had a permit to build a septic system and perform soil movement on his property. But the neighbors claimed he had created a false building lot with the fill that was brought onto the site by hundreds of trucks. Smith declined to voluntarily testify before the board and he advised the board through his attorney that he would not respond to a subpoena from the board seeking his testimony. The board then denied the application by a 5-0 vote. School earns re-accreditation Principal JoAnn Matthews (center) is pictured with staff and friends at the recent colloquium held at the Academy of the Most Blessed Sacrament. Students and staff were on hand to celebrate the Middle States Association re-accreditation awarded to the Franklin Lakes school. The colloquium showcased the school’s values and commitment to education. is OPEN wh ile Shopping Center Boulder Run Correction In the Oct. 28 story about the election in Franklin Lakes, it was reported that the mayor would retain the authority to make certain professional appointments in the borough after the new council is sworn in January. According to the borough code, the mayor’s professional appointments must be made with the advice and consent of the borough council. Please  Starbucks support us during  McDonald’s this time of renovation.  Blockbuster Video  Angel Tips Manicures We are working to build a better Boulder Run  Kids Stuff Clothing to serve you!  The Wireless Store  GNC Vitamins  Boiling Springs Savings Bank  Portraits in Hair Design  Goldberg’s Bagels  Pet Valu  Boulder Run Cleaners  Blue Moon Mexican Café  Slobodien Stride Rite Shoes  Super Stop & Shop ��