December 1, 2010 THE VILLADOM TIMES IV • Page 5 Mahwah Judge signals affirmation of Pilot Corporation plan by Frank J. McMahon Superior Court Judge Joseph S. Conte recently heard oral arguments in a lawsuit filed by Parents for Safety. This non-profit organization is challenging the Mahwah Zoning Board of Adjustment’s approval of Pilot Corporation’s plan to renovate and upgrade its Route 17 truck stop site, but Conte has indicated that he will again affirm the zoning board’s approval. The zoning board approved a conditional use variance to allow Pilot to renovate its truck stop site into a truck and automobile fuel service station in November 2009. That approval was challenged by Paks Fast Service, Inc., the owners of the Valero service station located north of the Pilot site and by the Parents for Safety group. Conte affirmed the zoning board’s approval of the Pilot plan when the Paks lawsuit was heard in October. During a three-quarter hour court hearing on Nov. 19, oral arguments were presented to Conte by Ira Weiner, the attorney for Parents for Safety; Ben Cascio, the board of adjustment attorney; and James Lott, the attorney for Pilot. Weiner argued that the zoning board’s approval should be reversed because the board applied the wrong land use standard when it considered the proofs presented by Pilot in support of a use variance even though the site violated a township ordinance that prohibits service stations within 500 feet of school property. Weiner argued that the standard the board should have used requires an enhanced quality of proof and, if that standard were followed, the intent of the township council to prohibit service stations within 500 feet of a school property would have taken precedence over the board’s consensus that the conditions imposed on the site satisfied the intent of the ordinance. Weiner further argued for reversal, stating that the intent of that township ordinance was to reduce traffic within 500 feet of the school property. The installation of gas pumps at the site, he said, will bring thousands of cars to the site, and the board failed to address that point and, therefore, violated the intent of the ordinance. “The issue here is it (a service station) is prohibited on this site and so it is difficult to reconcile the burden when it doesn’t belong there,” Weiner told Conte. He also asserted that the zoning board ignored the testimony of his hazardous materials expert and failed to address his concerns about building a gas station near a school. Zoning Board Attorney Cascio argued that the court had already found in a previous challenge to the zoning board approval that the use application was considered under the correct land use standard, and that the use is a conditional one. He told Conte the township council could have made a service station a prohibited use, but instead it amended one of the conditions for service stations so it is not a prohibited use other than for the condition of the distance from a school property. “The board did a good job of analyzing the intent of the mayor and council,” Cascio said, explaining that the traffic near the school was actually improved by the closure of the Ridge Road access to the Pilot site. “That addressed their concern about traffic,” Cascio added, “because it reduced the traffic by the school property. So the board made the determination that a conditional use could be granted by placing reasonable conditions on the approval such as closing the Ridge Road access and requiring a fence as a buffer to pedestrians. “There is no impact whatsoever on the school property. It is completely resolved by the conditions placed on the approval as a result of the ordinance.” Pilot Attorney Lott pointed out that Pilot presented “overwhelming” evidence during 18 public hearings concerning the condition in the ordinance that a service station must be 500 feet from a school property and the zoning board wrote a 136-page, “well-reasoned” resolution explaining that the board found that it could reconcile the approval of the use with the 500 foot requirement in the ordinance because of the physical separation of the site from the school property. Lott said, even if the board’s approval were required to meet an enhanced quality of proof, he believes the zoning board’s approval met that standard. Conte noted that the zoning board dealt with the issue of enhanced quality of proof in its resolution, and there was testimony by a professional planning expert that the approval does not impair the intent of the township’s master plan. He pointed out that the school property is referred to 29 times in the board’s resolution, and the board made its decision knowing the school was there and did not feel there was any negative impact on the school. Conte said, however, he was going to study the hazmat testimony presented during the board’s public hearings to see if Pilot should do anything to address that issue. Acknowledging that the Pilot site is open and operating the judge said, “I don’t think Pilot has anything to worry about.” Reasonable Rates Lauren Charkowski TheFurryGodmother.com 551-427-9162 myfurrygodmother@yahoo.com ��� Visit Our Photo Gallery @ WWW.PWSOFBC.COM 40 Feet Capability 10-13-10 joan/janine FurryGodmother2z2(10-13-10) 2 x 2” ���������������� ������������������ 201-218-1644 Christmas Light Installer Insured! Richard A. Cutler, CFP® Craig R. 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