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Mahwah Board of Adjustment approves pavilion variance, memorializes two resolutions and carries unpermitted hardscape case to July 22
Summary
At its May 6 meeting the Board approved a homeowner pavilion variance and memorialized resolutions for Rivian LLC and Mahwah Business Park LLC; the Board continued a separate unpermitted hardscape application for further plan revisions and Municipal Court action.
The Township of Mahwah Board of Adjustment met May 6 and approved several land-use actions, including a variance to allow an open-air pool pavilion at 111 Oweno Road and memorializing prior approvals for two commercial dockets, while carrying a second homeowner application requiring plan revisions.
Chairman Mr. Cannava opened the combined public/work session at 7:30 p.m., and the board first ratified routine minutes. The Board then memorialized a resolution for DOCKET #26-1614 (Rivian LLC, 16 McKee Drive) covering an appeal set-aside, outdoor storage variance and amended site plan; the motion carried on a roll-call vote with five aye votes from Mr. Kasparian, Mr. Lockwood, Mr. Sitar, Mr. Taylor and Mr. Cannava.
The Board next approved an extension of the June 19, 2024 conditional use variance and site plan for DOCKET #1472-19 (Mahwah Business Park LLC, 65 Ramapo Valley Road). That motion passed on a roll call with four aye votes (Mr. Lockwood, Mr. Sitar, Mr. Taylor and Mr. Cannava).
In the public hearing portion, Christopher Papaleo of Treestone Builders, representing homeowners Ryan and Danielle Younes, sought 'C' variances to exceed improved lot coverage and the maximum number of accessory structures to build an open-air pavilion at 111 Oweno Road. Papaleo and Mr. Younes told the Board the pavilion would have four posts, no walls, and require electricity only; the homeowners cited lot topography and sun sensitivity as reasons it cannot be attached to the house. At the Board’s request the applicants agreed to remove approximately 158 square feet of existing asphalt to reduce improved lot coverage. In work session the Board reviewed conditions of approval and voted to approve the application (roll call: Mr. Kasparian, Mr. Lockwood, Mr. Serna, Mr. Sitar, Mr. Taylor and Mr. Cannava — 6 ayes).
Separately, the Board heard DOCKET #25-1612 (Kathleen MJ Harmon Living Trust, 800 Wyckoff Avenue) concerning paver walkways, patios and a raised garden installed without permits. Attorney David York and engineering expert Michael Roth presented exhibits and argued the work improved safety and accessibility for the homeowner, who testified she installed the hardscape to address falls and to "age in place." Neighbors offered unanimous support in the public comment period. Township Engineer Michael J. Kelly and several Board members questioned whether the changes represented a lot-based hardship or a personal justification; the record also notes a Notice of Violation and an upcoming Municipal Court appearance related to the unpermitted work. The applicant requested time to revise plans; the Board agreed to carry the matter to July 22, 2026, with no further public notice required.
Other procedural business: the Board approved minutes for April 8 and April 22, 2026, and adjourned at 9:36 p.m. The minutes were prepared by Michelle Sheydwasser, the Board recording secretary, and will be presented for approval at the regular meeting on June 3, 2026.
Votes at a glance: - DOCKET #26-1614 (Rivian LLC, 16 McKee Drive): Resolution approved (roll call: Kasparian, Lockwood, Sitar, Taylor, Cannava — 5 ayes). - DOCKET #1472-19 (Mahwah Business Park LLC, 65 Ramapo Valley Road): Extension approved (roll call: Lockwood, Sitar, Taylor, Cannava — 4 ayes). - DOCKET #26-1615 (Papaleo / Younes, 111 Oweno Road): Variances approved with condition to remove ~158 sq ft asphalt (roll call: Kasparian, Lockwood, Serna, Sitar, Taylor, Cannava — 6 ayes). - DOCKET #25-1612 (Harmon, 800 Wyckoff Avenue): Application continued to July 22, 2026 for revisions; no final vote.
The Board’s engineer and attorney were present throughout the hearing. The record notes the Harmon case involves work done without permits and a pending Municipal Court appearance; the Board’s discussion focused on whether the circumstances amount to a lot-related hardship or a personal need. The next scheduled appearance for the Harmon application is July 22, 2026.
