Politics & Government

Nearing Completion, ZBA 700 Mountain Way Proposal Postponed to May 1

A quorum of the zoning board was not present for a final vote on contested—and previously rejected—townhouse development proposal, which is expected soon.

The Zoning Board of Adjustment appeared to be nearing a final vote on the formerly rejected, but revised plan to erect a townhouse community at 700 Mountain Way. But the body's Wednesday meeting, which was expected to entertain summations from attorneys working for and against the Edward Mosberg development plan, had to be cut short and moved to May 1 at an earlier time than usual, 7 p.m.

The meeting had to be halted due to the lack of the required seven voting members of the ZBA. Lawyers representing the developer and citizens' opposition group Preserve Mountain Way came to an agreement and asked Board Chair Robert Iracane for the matter to be carried to a future meeting.

After consulting the zoning board's calendar it was decided that summations, and likely a vote, would come at the body's May 1 meeting at Town Hall.

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More than three years ago, the plan was proposed as a senior affordable housing community featuring 38 for-sale units. The idea was opposed by residents of Mountain Way, South Powder Mill Road and Rocky Heights. Tthe age requirement was dropped ultimately and the number of townhome units cut to 22, but that wasn't enough to convince the ZBA, which voted the plan down in summer 2012.

Parsippany law firm Garofalo and O'Neill, representing developer Mosberg, asked for and received board approval for a reconsideration of a revised plan.

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The altered plan cuts the number of units to 20 and the number of buildings from six to three. In previous hearings, board members appeared intrigued by the changes, though some members asked whether the number of units could be dropped further, to 18.

Residents registering vehement disapproval argued through attorney Louis Rago that the project proposal is out of character with the neighborhood, which is zoned as rural residential. They also argue that the Mosberg plan violates the township Master Plan, which calls for large-lot single-family home development in the Mountain Way area.


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