Page 4 THE VILLADOM TIMES IV • October 16, 2013 Mahwah Zoning board seeks end to landlocked lot hearing by Frank J. McMahon On Oct. 16, the Mahwah Zoning Board of Adjustment will once again try to conclude the lengthy public hearing on the development potential of a landlocked lot. Charles Rabolli, the chairman of the zoning board, has advised the attorneys for both sides in the matter several times that he expected the following meeting to be the final one for this application. However, each time one side or the other wanted to provide more expert testimony or cross examine an expert who had previously testified, the public hearing had to be carried. Philip and Julia Filippone are seeking a zoning board determination as to whether they can develop their 3.39-acre undeveloped landlocked property. The parcel is located in a wooded area west of the Ramapo River and Ramapo Valley Road near the border of the Borough of Oakland. The Filippones want the board to confirm that a single- family house can be constructed on their property with a 12-foot wide driveway that would be 1,070 feet long and extend over the 25-foot wide, court-approved easement across property owned by their neighbor, James Venusti in order to provide access from Midvale Mountain Road. The Filippones and Venusti have been battling each other in court and in the public hearings of the zoning board since the Filippones won the right to that easement in Superior Court in 2007. Judge Robert P. Contillo found the Filippones were entitled to the easement across the Venusti property. Contillo declared that the easement would expire in four years if all approvals necessary for the construc- tion of a dwelling on the Filippones’ lot were not received within that time, or sooner if the application for the neces- sary approvals had been denied. Contillo ordered that, once all the approvals were received and all appeals resolved, the easement would become permanent. Since then, the public hearing on the Filippone appli- cation has experienced jurisdiction and public notice problems. At one point, after nine months of testimony, the public hearing had to be declared null and void and restarted. In June, the board heard testimony from a blasting expert, John Joseph, who described the blasting that could take place and the area of disturbance it would create. He recommended using hydraulic hammers for the proposed driveway. However, he said the hammers generate flying chips, and screening would need to be put in place. He esti- mated the timeframe for using this methodology would be six to eight months. Under questioning by Dennis Cummins, the attorney for the Filippones, Joseph indicated that blasting is faster and cheaper, while drilling and hammering are more expensive. He said the work for this proposal could probably be done as half blasting and half drilling. Cummins challenged Joseph on his testimony about the composition of the land, claiming the area may not be as rocky as he had implied. Venusti also testified at that meeting and voiced many concerns, pointing to the availability of water for his two wells because he said the performance of both wells is already poor. Venusti said he purchased his property in 1988, exca- vated it in September of that year, and moved in October 1992. He described conditions and his observations when it rains and said he put in a French drain to capture water coming down off the mountain. He claimed the mountain can absorb one day of rain, but once the saturation point is reached, the water cascades onto his driveway like a river out onto Midvale Mountain Road. At the zoning board’s meeting in September, Venusti continued his testimony showing videos of the rainwater running down the road in front of his house. He said that water freezes in the winter and becomes an “unbelievable hazard.” There was also a discussion at that meeting about whether the Filippones ever attempted to acquire additional land to mitigate the need to have an easement over Venusti’s prop- erty. Cummins said easements over other properties were denied by Judge Contillo and other property owners would not sell land to his client. At the last meeting, several Midvale Mountain Road residents voiced their concerns about the development of the landlocked lot and the negative impact it might have on their properties. Philip Filippone is expected to testify at the next board meeting about his attempts to acquire additional land. A real estate appraiser may also testify. Rabolli once again said he expects to finish the public hearing at that meeting. Knit One, Drop In seeks participants Beginners and advanced knitters are invited to join the monthly knitting circle, Knit One, Drop In, at the Mahwah Public Library at 100 Ridge Road. Crocheters are also wel- come. The group, which is committed to knitting with a pur- pose, may send finished projects to Save the Children, U.S. troops, or the Center for Food Action. Yarn is provided and instruction is available. Attendees should bring size eight knitting needles. Registration is not necessary. The group meets the second Saturday of the month at 3 p.m. Call (201) 529-READ for details.