Mahwah
June 23, 2010 THE VILLADOM TIMES IV • Page 3
NJDOT does not support truck weight ordinance
by Frank J. McMahon The New Jersey Department of Transportation has notified the Township of Mahwah that it does not support the township’s ordinance that was intended to place a limit on the weight of trucks that can travel on Ridge Road between Macarthur Boulevard and West Ramapo Avenue. Michael Kelly, the professional engineer representing Boswell Engineering, the township’s engineering firm, advised the council that the NJDOT did not support the ordinance because the department believes there is no reasonable basis for it. “We felt it was a hazard,” Kelly said. “They obviously feel it is not a hazard.” Mahwah Township Attorney Terry Bottinelli confirmed Kelly’s report, saying the ordinance was subject to NJDOT approval. Until the township can get NJDOT approval, the ordinance cannot be implemented. Councilman Samuel Alderisio pointed out that the Pilot Corporation has already closed its access to Ridge Road, so the matter does not have to be revisited. Bottinelli concurred that if the zoning board approval of the Pilot plan to renovate and upgrade its Route 17 truck stop is upheld in court there would be no sense in spending money to pursue this ordinance. The ordinance was adopted last January over the objections of the Pilot Corporation, which has an access to Ridge Road near the West Ramapo Avenue overpass which has been used by trucks that visit the Pilot site. Pilot opposed the ordinance because it disagreed with the data the township collected regarding the number of truck accidents on Ridge Road, the sight distance on that road, and the reports of heavy truck volume on Ridge Road. Kelly’s recommendation to adopt the ordinance limiting trucks on that section of Ridge Road to a maximum of six tons was based on his belief that the interaction of trucks and vehicles on a road serving four schools and a library is not a safe condition. He claimed that eliminating large trucks on Ridge Road would provide better safety for pedestrians on that road and for inexperienced drivers, and it would prolong the life of that road. Pilot is proceeding with the demolition and reconstruc-
tion of its site according to the plan approved by the zoning board of adjustment. Bottinelli advised the council that Superior Court Judge Joseph Conte recently denied Paks Fast Service, Inc.’s motion, which sought an injunction to stop the demolition and reconstruction of the Pilot site. Paks Fast Service Inc. owns the Valero Service Station north of the Pilot site. In rendering his decision on the motion, Judge Conte found that the demolition and construction did not pose any irreparable harm. Bottinelli said Conte ruled that Pilot could proceed at its own peril. The risk is that the zoning board’s approval of Pilot’s application could be reversed as a result of the pending Superior Court lawsuit filed by Paks. If the zoning board’s approval were reversed in court, Pilot would have to take remedial action to restore the site.
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