Ho-Ho-Kus February 1, 2012 THE VILLADOM TIMES III • Page 7 Resident opposes reappointment of local officials by Jennifer Crusco Bridle Way resident Cindy Tharayil told the Ho-Ho-Kus Council last week that she objects to the reappointments of Construction Code Official Larry Scorzelli and HoHo-Kus Borough Engineer David Halls. She had previously noted that she disagrees with the way these officials have responded to her concerns about the construction at her neighbor’s property and to the ongoing water issues on her own property. The resident also registered her opposition to the borough’s use of the Ridgewood News for publication of public notices. “Very few people get the Ridgewood News in this town,” Tharayil said. “To keep using the Ridgewood News for notices is intentionally not informing the public.” She indicated that Villadom TIMES and the Town Journal are well circulated throughout the borough, adding that, if these publications were not appropriate vehicles for public notices, the borough should use The Record. Although no one responded to this issue during the public session, Ho-Ho-Kus Borough Clerk Laura Borchers later indicated that the borough’s public notices are already regularly published in The Record. Legal newspapers, that is, those that may accept legal notices, must be paid circulation publications. Villadom TIMES and the Town Journal are free circulation newspapers and do not qualify for public notices. Tharayil also objected to the way the council handled a recent meeting about the water issues at her property. Ho-Ho-Kus Mayor Thomas Randall responded to Tharayil’s concerns. “You raised serious charges. We resolved to investigate and the engineer was asked to address the issues. You were entitled to make extra comments. He (Hals) reports to us. It was not our intention to have a backand-forth, and you did speak twice.” “I am officially requesting the entire folder so I can go to the zoning board for an evaluation,” Tharayil said. “I want to know if they agree or disagree. The borough engineer says one thing, mine says another. Where is the third party?” The resident asked why the council was willing to take the borough engineer’s word. “We didn’t say we wouldn’t listen to you,” Mayor Randall responded, adding that Hals had told the council he was aware of the problem and said the issues had been resolved. Tharayil said the borough engineer’s letter from April 2011 had advised her neighbor to remove the wall and backfill, which she believes will damage her trees, but the neighbor then received permission to leave things as they are. “I get to sit back and watch my trees die and then come back?” she asked, again noting the damage to her home and property. She added her view that the house being constructed at her neighbor’s site is too tall, and claimed “The fox guards the hen house.” Randall responded that another individual, not the construction code official, had measured the neighbor’s house. Ho-Ho-Kus Borough Attorney David Bole noted that he is not aware if the zoning board has the authority to decide an appeal on Tharayil’s question of the building’s height. He suggested Tharayil talk to the building department and write to the zoning board chairman to explain the circumstances. Randall added that the governing body cannot tell the zoning board what cases to review. He added that the zoning official is a licensed professional. “I don’t tell him how to do his job,” the mayor added. Tharayil said she is aware that the zoning board will not look at anything unless it is formally presented. She said the zoning board had told her to get an attorney. “Is that what it takes? I have to get an attorney to protect my property?” Tharayil asked. Bole said it was not appropriate for a resident to ask the governing body for legal advice. He added that he had spoken to Tharayil’s attorney, and had long discussions about the situation. “You probably should speak with an attorney to have your options explained to you,” Bole told Tharayil. “Clearly, the building codes are not being followed,” Tharayil added. At a meeting held in the fall of 2011, Tharayil asserted that, due to the ongoing construction next door, water flows across her property and muddy water has been deposited into her swimming pool. Tharayil said she has spent over $18,000 to repair her foundation and to add a berm to protect her property. She has asserted that the construction on her neighbor’s property does not meet the borough’s code.