Waldwick July 25, 2012 THE VILLADOM TIMES III • Page 9 A violation of the state’s Open Public Meetings Act (OPMA) by the Waldwick Zoning Board of Adjustment has resulted in a reversal of the board’s refusal to allow a gas station to add a convenience store to its business. Gas station ruling reversed due to OPMA violation A three-judge panel of the Appellate Division of Superior Court ruled last week that the board had acted improperly when it denied Waldwick Auto Service‘s application to convert an 18-ft by 18-ft. office at the service station into a “mini mart” The Waldwick Police Department is seeking information concerning the July 16 burglary that took place at a Grove Street residence. The home is located between Ridge Street and Route 17 South. Police reported that one or more actors gained entry by kicking in the front door, which was locked. The master bedroom was targeted, and jewelry and electronic equipment were taken. It is estimated that the burglary occurred between 2:30 and 4 p.m. Anyone who observed any suspicious vehicles or persons in the area during that time frame is asked to contacted Detective Sergeant Doug Moore at (201) 652-5700 or at Dmoore@waldwicknj.org. All residents are reminded to contact police headquarters if they observe any suspicious activity at any time. The police department has also been at work on various local incidents. On June 29, Officer Coletta arrested a 28-year-old Bronx, New York resident and charged him with operating a motor vehicle with drugs in possession, careless driving, and driving with a suspended driver’s license. The arrest occurred after the defendant crashed the motorcycle he was operating on the Route 17 interchange. Police seek information after residential burglary On June 14, Officer Goodell arrested a New Milford resident, 27, and charged him with driving while intoxicated, reckless driving, and speeding. The defendant was observed driving at a high rate of speed on Route 17 South. On June 13, Officer Goodell arrested a 20-year-old Fair Lawn resident and charged him with possession of marijuana and possession of drug paraphernalia after stopping the defendant’s vehicle on Richard Drive. Officer Goodell arrested an 18-year-old Franklin Lakes resident and charged him with DWI and reckless driving. The arrest, which took place June 5, was a result of a motor vehicle stop on Crescent Avenue. Officer Wright arrested a 41-year-old Clifton resident on June 1 and charged her with DWI and reckless driving. The defendant’s vehicle struck a curb on Franklin Turnpike near Lincoln Place and a subsequent investigation resulted in her arrest. On May 29, Officer Coletta arrested two Brooklyn, New York women, ages 21 and 25. The two were arrested for operating a motor vehicle with stolen license plates and possession of stolen American Express Travelers Cheques after the women attempted to use them at a local business. for the sale of coffee, candy, prepackaged food, newspapers and other convenience items. The court did not rule on any other issues on the application but rather said that an OPMA violation was in and of itself reason to nullify the board’s denial based on the OPMA’s provisions. The Waldwick board officially denied the application of the station at the corner of West Prospect Street and Franklin Turnpike on Oct. 28, 2009 but actually made that decision at a closed executive meeting from which the public was excluded on Oct. 14, 2009. There had been no public discussion by the board on the proposal, the court found. The decision was appealed to the Law Division of Superior Court, where it was upheld. The judge in that case ruled that the positive and negative criteria required for a use variance had not been met, but he failed to consider the OPMA violation altogether. The appellate division remanded the case back to that court to determine whether the resolution adopted by the board should be nullified because the board violated the OPMA. “The transcripts of the public meetings on Sept. 22, 2009 and Oct. 28, 2009 suggest that ‘something occurred beyond the realm of the public hearings’ and the trial court ‘never addressed this issue … in its written opinion,’” the appellate court found. Waldwick Auto had claimed that the board of adjustment had no jurisdiction on the application because a use variance was not required. The station is located in the C-1 commercial district, where gas stations and related activities, including mechanical repairs, are permitted. Its attorney, Bruce Whittaker, asked that the court nullify the decision because of the OPMA violation.