Villadom Times Weekly Newpaper Online-January 28, 2009 Issue

January 28, 2009 THE VILLADOM TIMES IV • Page 5 Mahwah Waiver request tabled for further discussion by Frank J. McMahon A request to grant a waiver to Mahwah property owners on Cortland Trail for four masonry driveway pillars that are too high and in the township’s right-of-way has been tabled until the full council is present to discuss the request and decide the proper action. That discussion and possible decision is scheduled for the township council’s Feb. 5 public meeting. At its last public meeting, the council considered the request by the property owners, but could not reach a consensus on the request. The property owners wanted the council to grant them a waiver from the township’s zoning restriction that prohibits private construction in its 10 foot right-of-way next to the street. Their contractor built the two piers on either side of the driveway incorrectly in terms of location and built them eight inches higher than the four feet allowed for driveway pillars. Mike Kelly, the representative for the township’s engineering firm, Boswell McClave Engineering, told the council he does not see the location of the piers as an issue because the road is not heavily traveled, and there is no sight distance issue involved. But he added that it would be necessary for the property owners to go to the zoning board of adjustment to obtain a variance for the excess height of the pillars. Township Attorney Terry Bottinelli advised the council members that they can grant the request for the waiver on the condition that the property owners must receive a variance from the zoning board, but several members of the council balked at doing so because it might be perceived as a precedent. Councilman John Roth said he felt the matter should be brought to the zoning board first because he is concerned the council might set a precedent that every time a contractor does something wrong it has to be approved by the council. Councilman Allan Kidd suggested the township’s ordinance might need to be changed because “It’s easier to get forgiveness than to ask for permission.” Councilwoman Lisa DiGiulio moved that the waiver request be granted on the condition that the property owners obtain a variance for the height of the pillars from the zoning board and Councilman Robert Hermansen seconded that motion after securing an assurance from Bottinelli that it would not set a precedent. But a straw vote of the council indicated that it would not obtain a majority when it came time to vote on a resolution to grant the waiver request. (continued on page 24) �� GRAND OPENING �� Shoes & Sneakers Not all sizes or styles All Sales Final • No Coupons No Refunds or Exchanges on Sales Items �� Annual Selected Children’s, Men’s & Women’s �� Eat in or Take out (Must bring in this ad) 25 N. Spruce St. • Ramsey • 201-327-3232 (In the Drug Fair Center - formerly Terri’s) Major Credit Cards Accepted - $20.00 minimum �� 10% Off Any Dinner Order �� Serving Cocktails, & Espresso o uccin Capp State Line Diner - Restaurant 375 State Highway 17 North, Mahwah The Best Got Better! �� Join Us Fo �� r 201-529-3353 Breakfast, Lunch & Dinner Open 24 Hours, 7 Days Join Us For Breakfast, Lunch & Dinner Please Join Us In Celebrating Our 33rd Anniversary with any Dinner Purchase, 5pm - 9pm, January 12 - February 8 FREE Balloons & Lollipops for children Complimentary Gift for Adults Free Cheesecake & Free Soup