Villadom Times Weekly Newpaper Online-January 12, 2011 Issue

Page 6 THE VILLADOM TIMES IV • January 12, 2011 Mahwah Court nulliﬁes Pilot’s highway access permit by Frank J. McMahon A three-judge panel of the Appellate Division of New Jersey Superior Court has nullified the highway access permit the New Jersey Department of Transportation granted to the Pilot Corporation in September 2009. The permit allows access to Pilot’s renovated truck and automobile service station on the south side of Route 17 in Mahwah. Appellate Court Judges Stephen Skillman, Anthony J. Parillo, and Marianne Espinosa reversed the action by the NJDOT and remanded the case to that state agency for further consideration. The court’s action was a result of an appeal filed by Paks Fast Service, Inc., which owns and operates a Valero gasoline service station on the south side of Route 17 about two tenths of a mile north of the Pilot site. When the NJDOT granted Pilot its highway access permit, Paks challenged the grant of the highway access permit in the Appellate Division of Superior Court, claiming that Pilot’s project would generate more than 200 additional peak-hour vehicle trips and it therefore required a planning review. In support of its objection, Paks submitted a 23-page traffic impact assessment and a 10-page supplemental report prepared by a traffic engineer who claimed the construction of the two Pilot driveways should be denied for safety reasons. The NJDOT advised Paks at the time, however, that its submissions in support of its objection would not be considered because its opposition to a highway access permit should be presented to the township’s zoning board of adjustment which it claimed is the appropriate forum. Last week, the NJDOT notified Paks that it will not appeal the Appellate Court ruling, but will instead comply with it by considering any information Paks wishes to submit to the agency in opposition to the granting of the �� Bridge Lesson �� Absolute Beginner highway access permit to Pilot. The Appellate Court opinion was delivered by Judge Skillman, who stated that the New Jersey Administrative Procedure Act confers the right upon any objector with a sufficient interest in the issuance of a highway access permit to qualify as an interested person and to submit relevant data, views, or arguments to the NJDOT. He stated that the court found that Paks, as a Pilot competitor, has sufficient interest in the issuance of the permit to qualify as an interested person, and the NJDOT is obligated to consider the materials submitted by Paks. “Because the NJDOT declined to consider the data and arguments submitted by the appellant (Paks) we reverse NJDOT’s issuance of the permit,” Skillman stated. Kevin Moore, the attorney for Paks, was pleased with the court decision. He said the decision means Pilot does not have the legal right to access its site from Route 17. “They should be shut down and not allowed to have anything come in or out of a state highway to that site,” he said. “We think it was a very well reasoned and thoughtful decision and we’re obviously very pleased with it. It does (continued on page 14) �� FRANKLIN LAKES �� Monday, �� January 24 10:00 am �� United Methodist Church �� 454 Pulis Ave. �� Reserve today: 201-818-0141 �� combines the � �� of poker with the challenge Bridge �� suspense�� interesting people. of chess. Sharpen your memory. Meet Laugh out loud. Join Master�� Bridge Teacher Amy Nellissen for a free, no-obligation introductory lesson. �� ACKERMAN’S Music Center �� TheBridgeTable.com �� the American Contract Bridge Proud Supporters of�� League �� �� �� �� �� & FLOORING �� 1-12-11 Mike/Janine BridgeTable2x3(1-12-11) 2x3 �� ☛ �� ☛ �� ☛ �� Planner 2011 Living with symptoms of Syndrome-X (obesity, high blood pressure, high cholesterol or diabetes)? �� ✤ Lose 3 to 7 lbs of FAT per week! �� ✤ Lessen Food Cravings! �� ✤ Quick Loss of inches! �� ✤ Re-establish Health & Vitality, inside-out! �� ✤ Reshape your body! �� ✤ Improve Digestion �� By participating in this very special supplement to The Villadom TIMES, you’ll get the selective exposure you need in 56,000 households in your market area. Publication Date: Wednesday, January 26 Advertising Deadline: Wednesday, January 19 Contact The Villadom TIMES Today to place your advertisement: 201-652-0744 sales@villadom.com www.villadom.com �� MayersColor3x6(1-12-11)A