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January 22, 2014 THE VILLADOM TIMES I • Page 5
Wyckoff Judge finds no conflict in ShopRite case
by John Koster
A Superior Court judge has ruled that the Wyckoff
Planning Board did nothing improper in approving the
application for a new Inserra Supermarkets ShopRite in
Wyckoff. Plans call for a 62,000 square foot ShopRite to
be constructed on the Greenwood Avenue site that was
the former location of an A&P food store.
Judge William C. Meehan’s 30-page decision indicates
that the Wyckoff Planning Board and traffic expert Gary
Dean did not have a disqualifying conflict of interest or
the appearance of impropriety and granted the defendants
a partial summary judgment on the issue.
Stop & Shop, which is located in the Boulder Run
Shopping Center, near the location of the proposed
ShopRite, claimed Dean had a possible conflict because
his law partner was working on a project in New Milford
where Inserra is a potential tenant.
Wyckoff officials anticipate that Meehan’s ruling
means Wyckoff will be out of the loop on subsequent
arguments between Stop & Shop and Inserra Supermar-
kets. “The judge held we proceeded correctly by not wait-
ing to see if there was a conflict,” said Wyckoff Plan-
ning Board Attorney Joseph Perconti. “Anything that can
bring a little closure to this long-standing issue is good for
Two new ordinances introduced
The Wyckoff Township Committee has introduced two
new ordinances pertaining to local streets and sidewalks.
One ordinance, which would amend the property main-
tenance code, would allow the borough to issue summonses
relating to the repair of sidewalks that constitute a detriment
or hazard. A summons would be an action of last resort to
obtain compliance, a township official explained.
Currently, code allows municipality to perform the
repairs and place the cost as a lien on the property. This
ordinance would provide another tool to accomplish the
same purpose by use of a summons to be answered in
municipal court.
The second ordinance amends the time limit on parking
on sections of Wyckoff Avenue and Highland Avenue from
one hour to 15 minutes.
Specifically, the parking on the east side of Wyckoff
Avenue is limited to 15 minutes from 8 a.m. to 10 p.m.
from a point 180 feet north of the north curb line of Frank-
lin Avenue for a distance of 66 feet. Parking on Highland
Avenue between Wyckoff Avenue and Everett Avenue is to
be limited to one hour from 8 a.m. until 6 p.m. except on
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the planning board and good for Wyckoff.”
Dean had been taken off the case when the charges of
conflict were mentioned, but the judge saw no conflict in
any event.
Other aspects of the case will be continued on Jan. 29,
but Wyckoff officials believe the township is in the clear
and the issues to be resolved are between the two super-
market chains.
Stop & Shop filed suit in March 2013 after two years
of hearings resulted in a 9-0 approval of plans for a new
ShopRite supermarket at the vacant parking lot that is
zoned for supermarkets and had hosted a large A&P until
about a dozen years ago. The vacant lot is regarded as an
eyesore by several commercial neighbors.
Most of the testimony for the ShopRite application
was provided by expert witnesses for both sides, but two
hearings that allowed the residents to speak revealed
that about 80 percent of the Wyckoff people who spoke
favored the ShopRite as planned, 10 percent would have
liked a smaller building, and 10 percent objected to a
second full-sized supermarket in Wyckoff.