Mahwah October 20, 2010 THE VILLADOM TIMES IV • Page 3 Court affirms Pilot decision by Frank J. McMahon Superior Court Judge Joseph S. Conte has affirmed the Mahwah Zoning Board of Adjustment’s decision to grant a use variance to the Pilot Corporation to permit the renovation of Pilot’s truck stop on Route 17 South into a truck and automobile fuel service station. In a written decision released on Oct. 12, Conte reviewed the history of the 21 public hearings before the board of adjustment between Aug. 6, 2008 and Jan. 6, 2010 when the board approved the formal resolution granting the use variance. He also reviewed the arguments presented at the Sept. 24 trial by Pilot’s attorneys and the attorneys for Paks Fast Service, Inc., which represents the owners of the Valero Service Station located north of the Pilot site. Paks sued Pilot and the zoning board to challenge the board’s November 2009 decision to grant a conditional use variance to Pilot. Paks claimed the decision was arbitrary, capricious, and unreasonable. Conte explained that a reviewing court generally accords deference to the expertise and discretion of a municipal board, unless the board’s decision is arbitrary, capricious, and unreasonable. “Based on the review of the resolution and the applicable transcripts of the hearings before the zoning board,” Conte stated in his decision, “this court is not convinced that the zoning board’s decision to grant the use variance was arbitrary, capricious, or unreasonable.” Conte further found that, based on all the evidence, the board determined that the physical separation of the two uses that included buffering, fencing, landscaping, and (continued on page 14) Troop 50’s happy campers Mahwah Boy Scout Troop 50 ended another great Scouting year with a camping trip at NoBeBoSco. This year, 25 scouts attended. In total, the Boy Scouts signed up for about 115 merit badges and completed 83. Ten scouts participated in First Class Adventure, a series of instructional sessions covering requirements for their advancement. ’re ited ou nv Y I to PL THE ANT THE PLANT is a new church in the Mahwah area! We’re a community of faith committed to living out the love, truth and compassion of Jesus Christ. Our worship gathering is at 10am, Sunday mornings at Ramapo Ridge Middle School in Mahwah, New Jersey. Roots growing kids in God’s love Roots is our Kids Ministry for children Pre-K thru 5th grade. Roots is a fun, interactive place where kids get to grow in their faith and relationships with one another. Roots meets at 10am during our worship service. The Plant Church 150 Ridge Road, Mahwah, NJ 07430 201- 425-3770 theplantchurch.org