Page 4 THE VILLADOM TIMES IV • January 12, 2011 Mahwah Judge finds landlocked property notice deficient by Frank J. McMahon Superior Court Judge Joseph S. Conte has found that the public notice issued by Philip and Julia Filippone for the proposed development of their 3.4-acre, undeveloped landlocked property in Mahwah was not sufficient either in the number of nearby residents who were notified, or in its description of their plans. The property is located in a wooded area west of the Ramapo River and Ramapo Valley Road near the border with the Borough of Oakland. The Filippones were seeking a variance from the zoning board to permit the construction of a single-family dwelling on their property with a driveway that extends across an easement over their neighbor’s property to Midvale Mountain Road when the board terminated the public hearing of their application in March 2010. The public hearing, which had been underway for 11 months, was terminated because the zoning board decided it did not have the jurisdiction to continue hearing the case because the proper notice was not sent to all the nearby residents as required by state law. The board also decided that the notice was not deficient in its information. In April 2010, the Filippones filed a lawsuit against the Mahwah Board of Adjustment, which led to the recent ruling by Judge Conte. Conte ruled that the Filippones’ notice was neither sufficient to give the public a reasonably accurate description of the proposed use of the property, nor was it sufficiently served upon all residents within 200 feet of the Filippones’ property and the adjacent property, according to state law. If the Filippones still want to get approval to build a house on their property, they would have to send the appropriate notice to all the neighbors entitled to receive it and re-file an application with the zoning board. The public hearing would then have to start from the beginning with all the testimony and evidence concerning the application being re-presented to the zoning board. Judge Conte declined to provide guidance to the zoning board regarding an interpretation of the state law requiring notice to property owners within 200 feet and whether that state law applies to residents within 200 feet of Midvale Mountain Road, which is a private road that leads to Glen Gray Road and on to Ramapo Valley Road (Route 202). Conte strongly suggested, however, that the Filippones notify the residents of Midvale Mountain Road before reapplying to the zoning board “given the proposed construction and its potential effect on those residents living on Midvale Mountain Road.” The zoning board’s decision to terminate the public hearing was reached after Robert Zisgen, the attorney for James Venusti, the Fillipones’ adjacent neighbor, notified the board 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, and the Filippones had only notified those property owners within 200 feet of their own property. Zisgen also argued that the notice the Filippones sent to the property owners within 200 feet of their property was deficient because it did not explain clearly what they intended to do on their property. (continued on page 17) Helpful Hints Helpful Hints from ome “Know where your main water shut-off valve is located. If a pipe freezes or bursts, shut the water off immediately.” 27 Franklin Tpk, Waldwick Open Sundays 9-3 201-652-5666 Scouts pay visit to CHCC Billy Says... Brownie Troop 1136 of Wayne recently visited The David F. Bolger Post-acute Care Unit at Christian Health Care Center in Wyckoff and brought handmade Christmas ornaments to many of the patients. Pictured, seated from left, is Ariana with patient Harry Whitley of Mahwah. Pictured, standing from left, are Carly and Victoria. The girls also enjoyed making gingerbread cookies under the supervision of CHCC’s executive chef. Victoria’s mother is employed in CHCC’s human resources department. Keeping Families Warm Since 1929. Serving All Your Home Heating Needs Prompt, Reliable Service You Can Depend On, Plus The Personal Attention You Deserve. • Oil Heat Systems Serviced & Installed • Automatic Fuel Oil Deliveries • Tank Insurance Available Cash ts Discougn il n O On Heati s Deliverie 24 Hour 201-891-1000 Emergency Service �����������������������