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Engineer and council set conditions for driveway at 7 Wilbur in borough right‑of‑way

Borough of Old Tappan Mayor & Council Regular Meetings · July 21, 2026
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Summary

An applicant seeking to add a two‑car garage at 7 Wilbur proposed extending a gravel driveway into a paper street/right‑of‑way; the engineer warned of borough liability and recommended gravel with an applicant liability release and permits rather than full paving.

The borough engineer reviewed a soil‑movement application for a rear addition with a two‑car garage at 7 Wilbur, a lot that connects to a paper (unimproved) street in the borough right‑of‑way. Engineer Tom told council that adding a paved driveway within the borough right‑of‑way raises liability and future maintenance concerns and that underlying utilities and stormwater easements could require removal of any hard surface if the borough needs to access the area.

"My biggest concern was by allowing additional driveway to be constructed... all of it being within the borough right of way is their liability," the engineer said, recommending the applicant either shift the driveway outside the right‑of‑way line or accept a gravel surface and sign a release taking responsibility for future costs. The applicant agreed to gravel and to prepare agreements and permits; council said the building department will review site permits and the borough will seek a release of liability and easement language if needed.

Council also discussed alternatives including vacating the paper street (which would require adjoining owners' agreement) and the need for notice to neighboring properties when soil‑movement permits are filed. The engineer will prepare language and survey details for the applicant and return with formal paperwork.