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Zoning Board Rejects Motion To Consider Hekemian Revisions a New Application

Board denies motion made by counsel for Councilman Austin Ashley that the revisions made to the site plan application constitutes a new application,

The Zoning Board formally denied a . (Leibman, appointed New Milford's Borough Attorney, has removed himself from representing Ashley in this matter.)

With the exception of Peter Rebsch and Joe Loonam, all of the Board members voted to consider the revisions an amended application, thereby allowing the hearings to proceed as scheduled.

In presenting his motion to the Board for consideration during the December meeting, Leibman cited the case of Lake Shore Estates v. Denville Township, and said, "This is a substantially different application than what was originally filed."

The Board based their decision on the information provided by the applicant's attorney, Antimo "Andy" DelVecchio, in a ten-page memo submitted to the Board on Dec. 28, and the legal opinion rendered by Sproviero. DelVecchio's memo concluded that because no qualitative changes had been made to the site plan, the revisions constituted an amended application and not a new application.

In rendering his legal opinion, Sproviero also concluded that the revisions to the site plan do not constitute a new application, but an amended application.

Sproviero said that of the four judicial cases regarding "new vs. amended" site plan applications, only one case was determined to be a new application--the Lake Shore case originally cited by Leibman when making his motion.

Sproviero explained that the courts determined that the Lake Shore revisions constituted a new application because the applicant added an additional 28 acres to the development resulting in expanded density and the need for new residents affected by the additional acreage to be noticed.

"Additional density triggers a new application," Sproviero said.

Citing that the revisions that Hekemian has made reduces the number of housing units, thereby reducing the density, Sproviero said that the size of the property and the scope of the development has not changed.

"The applicant has not added new property that would affect new residents; there are no new variances that would require new notices," Sproviero said, adding that the commercial component remains unchanged.

Although the revisions will require additional testimony from Hekemian's architect, engineer and traffic engineer, the hearing regarding the proposed development will continue as scheduled.

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Donna Colucci January 09, 2013 at 04:08 PM
Who is Gerard iIx? He has a big job a head of do him. Somewhere in the amount of 80 hours of listening to zoning board hearing tapes...yikes
NewMilfDadMakinEndsMeet January 09, 2013 at 04:10 PM
Clearly adding a new ZB member at this time during such a huge application is yet ANOTHER boy wonder, attorney, dare I say Dem stall tactic. What a waste of taxpayer time and money.
RavinMaven January 09, 2013 at 04:36 PM
No stalling. hearing went on last night, didn't it? Mr. Ix said he'd listen to the tapes. All is well, no?
Lolita January 09, 2013 at 08:42 PM
Lest we protest too much? Your group was used. Now he and his attorney are laughing all the way to the bank. I believe the former mayor has enough votes on the board to get anything he wants there and he will own the town completely in November thanks to your group's constant attacks on the Mayor and the two Republican councilmen. Remember the former mayor wanted multiple units - and now with all of your attacks day in and day out, you have enabled the very monster and his puppets which you feared. When the vote is in and he is the De Facto Mayor again, everything you fought against will occur. Thanks to you all yourselves. Hey Miriam would that be four hoots now?
scooby doo January 09, 2013 at 09:34 PM
hey lolita, whatcha been smoking?? you don't make any sense. it aint over til the fat lady sings. come back on the patch after the sod people win and hekeman and inserra and everybody else is sent packing. lets see who has the last hoot.
Donna Colucci January 10, 2013 at 01:54 AM
Oh my apology NewMilford1967, I must have done a typo on Gerard Ix name...Twit? you call me a twit? Why is that, because I use my real name? LOLOLOL
Ann Piccirillo January 10, 2013 at 03:42 AM
There shall be no personal name calling. Issues only, please.
Frank Appice January 10, 2013 at 02:51 PM
What I do not understand how Council Members are allowed to vote on a New Zoning Board Member when they admit they are against the United Water Development and took a Board Member off to put their own person on, to vote against this development from happening. Thought this was a conflict of interest ?
Lolita January 10, 2013 at 04:17 PM
Mr Appice, you are a well respected man in town and also the innocent victim of politics. Do you remember when Mr Ix resigned his position, who was the seated (however temporary) Mayor and what was the prevailing sentiments on the development at that time? In my opinion, the anti development mood of the 4 Democrats on the council is nothing more than a charade. I believe that out of nowhere some revelation will come about and they will (overnight) endorse multi unit housing thereby creating a Democratic stronghold in New Milford with 221 COAH qualified low income tenants. Judges love giving low income housing. And now that it looks like SOD has destroyed any Republican steering of the good ship New Milford, we the people will have to bear the brunt. Nothing is final yet as far as the Water property, nothing, including whatever the judge decides but one thing is for sure - SOD has made their bed, so let's let them try changing the sheets when they get soiled. My sincere apologies to Miriam. I'm pretty sure with your unsettling exit and Mr Ashley's egg on her face, she doesn't need me harassing her.
newmilford1967 January 10, 2013 at 05:51 PM
Why don't you growup and stop talking nonsense and see what the board will do.I don't want to see any more flooding or trees to be deforested.We don't need anymore overdevelopment. Leave shoprite where it is.
Lolita January 10, 2013 at 06:05 PM
I take it you wrote all those big words yourself - didn't you George.
Celeste Scavetta January 10, 2013 at 07:06 PM
Good questions Frank, but I guess with Peter R rejoining the dais, it's really a moot point to have Ix vote since it is still a quorum. I would think the time it would take this gentleman to listen to all tapes, there's no reason to delay the hearing. Let's move this thing along already! And who called D a twit? What is wrong with people. And who are these people? Maybe I need to stop reading this "forum" once again. Poor Ann -- filter filter filter. =)
tony g2010 January 10, 2013 at 07:35 PM
Lolita you bring up really good points, but then don't stop, with the SOD bashing and it dilutes your message…………….the application is for 21 units and room just enough land left over for the soccer field and high school parking, what a coincidence. SOD did not sway the election, in case you missed it the sheeple throughout the land voted democratic and Berner and Rebsch really made their own beds. The republican mayor purposefully blew the opportunity to buy this land, so without a miracle happening, it is going to get developed. New Jersey, Bergen County and New Milford almost always vote Democratic, except when people get fed up enough and then put in a few Republicans, like what happened with Subrizzi and company. Next election it will all be democratic for another 8 years or so. So by default, what really happened is that the people voted to have the Democrats decide what is going to happen on this land.
Marissa Mac January 10, 2013 at 07:39 PM
Lolita, I'm the daughter of Miriam and a former New Milford resident. I've followed the news in New Milford by reading the Patch. This isn't a political post. This is a: can you please leave my mom alone?, post. Maybe she once upset you in a post. Does that mean that you need to reference her in every single comment you make to other people- in every story about the United Water property, when she hasn't even made a comment to the stories at all? Your focus on her is upsetting me, frankly. Just because you don't agree with her on this issue does not mean you have to obviously hate and stalk her online. So, please, from one daughter to another, please leave my mom alone.
RavinMaven January 10, 2013 at 07:43 PM
Mr. Appice might be off the ZB but how come nobodys' complaining about how the Mayor is playing politics wiht the Planning Board? She keeps removing good peple who have served NM well and replaces them with fellow R's.
Lolita January 10, 2013 at 09:31 PM
I take it you missed my last sentence 5 hours ago above.
Celeste Scavetta January 10, 2013 at 10:31 PM
Dear Ravin: I was voted back to a Class II, one-year Planning Board assignment. From the names of the others I saw selected, I know that one gentleman is a licensed architect, who is very active in the borough of Tenafly as a zoning officer and has attended hundreds of planning board meetings! I believe another is a registered Independent, with a very "D" spouse! Although my affiliation is R, I like to think of myself as a fair, very open-minded and educated individual who makes fully vetted decisions after completing due diligence. I take my position on the Planning Board as well as on the Environmental Commission and once again on the Public Events Committee very seriously. I will miss those not returning, but we do not have any pending applications before us, so the timing is appropriate. Can we try not to place a political spin on everything? It's OUR town. We ALL live here. We ALL want the best. That's my opinion; isn’t that yours? And honestly, those being replaced, correct me if I’m wrong, were quite political in nature. One is the former mayor’s wife’s best friend, and the other is a former councilman’s sister. Those appeared quite political choices to me. Thank you.
miriam pickett January 10, 2013 at 11:03 PM
I'd like to thank my beautiful daughter for her concern about my being personally attacked. I no longer reply to any postings that are personal. Isn't my daughter great?
Ulises January 10, 2013 at 11:13 PM
For the record, again, SOD members are made of Republican, Democrats and Independents. There are Republican's on its board and there are Republicans that donate to SOD's plight. The Republicans lost heavily throughout the country and locally the NM Republican Club was divided on their views of the future of the property next to the high school. People making comments here don't determine the outcome on elections, instead, campaign messages or lack of it ultimately determine voters' choice.
Ann Piccirillo January 11, 2013 at 12:20 AM
Stick to the issues. Any comments containing personal attacks, unfounded accusations and foul language are being deleted.
tony g2010 January 11, 2013 at 01:15 AM
It is the only power she has left
scooby doo January 11, 2013 at 02:59 AM
hey lolita, SOD didn't destroy the republicans in town. more like they committed suicide. this isn't about republicans and democrats. its about saving open space, keeping the little green thats left here.
Lori Barton January 11, 2013 at 03:08 AM
Marissa, I LOVE your mom!!!! And obviously, she did a GREAT job raising you. Unfortunately, Lolita's mom might not have done as good a job. She neglected to teach that a TRUE apology is just that. If Lolita's "apology" was sincere, her final sentence would have been omitted. I know I taught my children the correct way to apologize and it was never "I'm sorry BUT" because a true apology never has a "but." The silver lining in this United Water debacle has been the opportunity to become friends with your mom and many other passionate SOD members. Don't worry about your mom. She knows we love her and that disrespectful comments don't matter if they are hurled by immature, childish individuals who hide behind fake names.
RavinMaven January 11, 2013 at 02:46 PM
Nothing personal, Celeste, but you weren't voted onto the Planninb Bd, you were appointed by teh mayor. perhaps because after you wre appointed to the council, you lost the election. It IS very political. Also, I found out that there is a pending application.
miriam pickett January 11, 2013 at 05:42 PM
I found the failure to reappoint Frank Appice somewhat troubling. He has sat through months of the most monotonous and complicated testimony. He should have been reappointed. I don't think listening to the tapes will be as informative as hearing the particpants from all sides in person. You can learn a lot for a person's body language and facial expressions. These are missing from any recordings. I wish Mr. Ix well. However, a mistake has been made.
Celeste Scavetta January 11, 2013 at 09:40 PM
I was appointed, correct. As all positions on Planning are and have been. As I am sure yours was by our former mayor. You are correct. I will miss you though on the PB. Hope to see you soon!
RavinMaven January 12, 2013 at 01:08 PM
Sorry to disppint you, Celeste. I never was on the PB.
Celeste Scavetta January 15, 2013 at 04:05 PM
LOL Ulises! That's hysterical. And Madame Maven -- sorry I won't be missing you then. =) Have a nice day!
Celeste Scavetta January 15, 2013 at 04:23 PM
No apology required. I'm not one of the persons in your life who's disappointed. I thought you were a former constituent on the Planning Board, Clearly I was mistaken. I was thinking Raven hair.. <wink> and LOL Ulises, no secret software here! Although I do have a magic decoder ring. ROFL.
Tomasina Schwarz January 15, 2013 at 04:32 PM
United Water is getting off easy-stop infighting and fight the power instead. I think we all should staple our checks to our bills as a statement of protest of United Water's attempt to build on this property. Hekemian is only the conduit-United Water is the perpetrator. Billing is done by machine-unless the checks are stapled to the bill-then all billing must be done manually. This is a small way of showing United Water that we know they are to blame for this application. Unfortunately we do have to pay our bills.....but we could make it a real pain for UW to collect our money. Protest must continue....in all forms. The members of the Zoning board must understand that they should fear the repercussions of a "yes" vote for this application. Members of the zoning board must not fear litigation of the applicant-they should fear a decision that will be detrimental for the entire town. I have nothing nice to say about Mr. Lange who approved the Walgreen's application and was the spokesperson for the decision. I will never forgive him for his role in the zoning boards decision, no matter how he justifies his actions. Two courts in NJ said our zoning board was wrong for approving the application. Mr. Lange was more concerned with the rights of the applicant and forgot that the townspeople have rights too. The borough attorney's are not always right-Mr. Wiener, Oradell's borough attorney, was wrong too. Stop talking about party politics and keep up the fight against UW.

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