June 2, 2010 THE VILLADOM TIMES IV • Page 5 Mahwah Property owner files lawsuit against board by Frank J. McMahon The owner of a 3.4-acre landlocked piece of undeveloped property in Mahwah has filed suit against the Mahwah Zoning Board of Adjustment for terminating a public hearing of his application. Philip Filippone wants to build a single-family house on his land with a driveway that extends across an easement over his neighbor’s property. In March, a public hearing of Filippone’s application, which had been ongoing for 11 months, was nullified because the zoning board decided it did not have the jurisdiction to continue hearing the case. Filippone had been acting as his own attorney during the hearing, but Robert Zisgen, the attorney for the applicant’s neighbor, James Venusti, notified the board in March that his research of a recent case in the Township of Clinton revealed that all property owners within 200 feet of all properties impacted by a proposed development must be notified about the public hearing. Filippone had only notified those property owners within 200 feet of his own property. Zisgen also argued that the notice Filippone sent to the property owners within 200 feet of his property was deficient because it did not clearly explain what he intended to do on his property. He argued that the board did not have the jurisdiction to continue hearing the application. Another neighbor’s attorney, Ira Weiner, told the board he had been retained by a neighbor of Filippone on nearby Fox River Crossing who had only recently become aware of Filippone’s plan. Weiner concurred with Zisgen’s position and argued that the notice Filippone provided did not properly explain his plans. Filippone then retained attorney Scott Lippert to explain to the board why his notice was valid. Lippert argued that the legal case Zisgen was referring to involved an access road to a 231-unit development and not a driveway to a single house. He claimed that, under the state’s residential site improvement standards, a driveway is not considered a road and, therefore, that case did not apply to the Filippone application. He claimed that the notice Filippone gave to his neighbors met the requirements of the state but, after much discussion, the board decided that, while the notice was not (continued on page 10) Designer hosts workshop Susan Tenny Keefe from Decorating Den (second from left) recently held a design workshop at the Mahwah Senior Center. The designer displayed some samples, gave a multiple choice quiz that helped people determine their style, and showed before and after room transformations that included examples of dining rooms, family rooms, bedrooms, and children’s rooms. As she presented the before and after photos, the designer pointed out design concepts that were used. She also spoke about ways to make homes more energy efficient and user-friendly by using items such as motorized window treatments and motion sensing light switches. Door prizes were presented at the end of the workshop. Mahwah Senior Center Director Suzanne Small is pictured (second from right) with some of the seniors. Spring into Summer • ICQ Southern Yellow Pine • Cedar • Composite • Optional PVC or Metal Railings with a New Deck! $ ������������������������� of any Deck!!! 250 Off Free Design Service! Free Estimates! H H Remodeling Co. • 973-949-4431 See photos of our work at www.hawthornehandyman.com ����������������������������������������������������������������������������