Citizens Group Fights To Raise Money, Awareness To 'Stop Mahwah Mall'
Legal process still in beginning stages, lawyer says
The Citizens To Stop The Mahwah Mall, currently a group of eight volunteers, is passionately working toward its goal of “nullifying” three ordinance changes that will allow for a 600,000 square-foot retail development on Route 17 – but it needs volunteers and monetary donations to move forward.
That was one of the messages of the update meeting the group held Tuesday night at the Doubletree Hotel on Route 17.
“We are really just trying to get a voice, and be heard by our government,” said resident Michael Richards, one of the group’s leaders.
CSMM filed a lawsuit against the township in mid-May, that lawyer Michael Kates called, “brand new, in a sense,” during his update on its status to the crowd.
The group, he said, is still waiting for a response from the township and developer, which will help determine its course of action. He called the suit an “essentially lengthy process,” explaining that his firm will have 450 days after these responses are filed to carry out a “discovery.”
During that time, Kates said his firm could take steps to determine how the ordinances evolved, take depositions, and consult its own planning expert to back up the claim that these ordinance changes qualify as “contract” or “spot” zoning. This claim supports one made in the lawsuit suggesting that though the changes are in line with the developer’s interests, they are not in line with the township’s master plan.
Kates explained the three core complaints addressed in the lawsuit, which was filed against the Township, Mayor, Town Council, Township Clerk, Crossroads Developers Associates and other involved parties.
The complaints include an alleged conflict of interest of Mayor DaPuzzo, whose wife’s position as director of the Recreation Department, they say, clouds his objectiveness in regard to a recreational segment built into the development plan, non-compliance with the township’s master plan, and the rejection of the group’s petition by the Township Clerk.
“Since January, I have gone before the Council three times asking for a non-binding referendum on the issue, and each time I was turned down,” Richards told the crowd.
According to Kates, “it could cost as high as $50,000 if this were to be fully litigated and including all of the professional experts we would need.”
Thus far, according to Richards, the group has raised $6,000.
Garnering support, in the forms of money and volunteers, was one of the main purposes of the update meeting. Leaders of the movement also asked the approximately 100 attendees to “spread the word. Tell your friends and neighbors.”
The meeting did result in multiple donations and about a dozen new volunteer sign-ups, according to Susan Chin, one of the group’s members.
The residents in attendance raised multiple concerns, including those about potential environmental, traffic, crime, property value, and public safety implications of the shopping center on both Mahwah and surrounding communities.
The crowd seemed happy to hear Richards say “we are backing the suit filed by Suffern, [NY] against the township about the mall that I understand is a strong suit.”
According to Kates, the judge in Hackensack may decide to consolidate the two separate cases, but the two were independently filed of one another.
Suffern filed its suit days before the CSMM filed, based on concerns that the potential effects of the shopping center on the NY neighbor were not considered.
Both suits were filed after the town council approved three zoning ordinance changes to allow for retail development on a plot of land previously zoned only for office space. Hundreds of residents, including many at Tuesday’s CSMM meeting, attended the March 31 town council meeting at which the ordinances changes were passed to voice their concerns.
“Everyone had a different pressure point,” about what made them anti-mall, Angelo Zappala, a group member, told the crowd.
“But the other issue here is that we were not heard by our government.”
That’s why the group is fighting to have a non-binding referendum asking for the public’s opinion on the development added to the November election ballot.
“There are about 15,000 registered voters in Mahwah, so we can make a difference,” Richards said.
The group is now planning several fundraising efforts, and is reaching out to potential supporters. The group can be contacted by emailing MahwahCrossroads@gmail.com.
Roger Pachiderm
9:48 am on Wednesday, June 15, 2011
I can not locate any filings that "Citizens To Stop The Mahwah Mall" has registered as a 501(c) non-profit entity. I can not even locate anything that shows they are a legal entity. Who monitors that they will use donations for the stated purpose? Who will audit their books? Will personal expenses (i.e. meals, gas money, etc...) for the lawyer and leaders of the group be paid for with this money? If there is money left over will it be returned or at least donated to a cause in Mahwah that benefits everyone (like the volunteer FD and ambulances)? I ask these questions so perhaps a member of the CSMM can answer and make other comfortable to support.
resident
10:30 am on Wednesday, June 15, 2011
Roger, please attend the next meeting.
Michael Richards
12:19 pm on Wednesday, June 15, 2011
Roger: All donation checks are written out to the attorney's trust account and sent directly to his office. We would like input from all Mahwah citizens on the issue of "Mall" or "No Mall". This will affect everyone in Mahwah. If there is any monies left over they will be donated to a cause in Mahwah. The volunteer FD and ambulances is a very good suggestion. If the Mall eventually is built they would need all the help they can get to support additional emergency calls. Thank you for your feedback.
Roger Pachiderm
10:36 am on Wednesday, June 15, 2011
Meg,
I am not a fan of the mall but I also do not have time to attend meetings to press the issue. Since the information I ask for is not available I just wanted the people involved to have the chance to put on record where the money will be going. Failing to do so has gotten many grass roots groups in trouble and away from the intended purpose.
resident
11:35 am on Wednesday, June 15, 2011
I will bring up your concerns the next time I communicate with the committee. Someone might reply to your comment today.
Gottardo DiGiacopo
7:52 pm on Monday, June 20, 2011
roger, as i read thru these comments i can't help but notice the difference in tone from your first to latter responses. perhaps you could have started your inquiry from a better place than heresay and inuendo. i do not believe that any of us competitively projecting our relatively unrelated experiences onto these new ones will serve anything more than a passing moment of ego. many of the voulunteers of this cause have no experience with a blossoming effort like this... we are operating from a position of trust, along with hoping for the best (for now). we are not naive, and are certainly not criminals. i do appreciate your, and all, cautious comments.
gottardo
Q
12:11 pm on Wednesday, June 15, 2011
Thank you for arranging a meeting last night- We respect and appreciate the time and integrity of the citizens who are trying to amend the unfortunate situation the four council members have created.
I have learned at least three levels of concern with our “trusted” officials:
1: Irresponsibility- The binding rezoning decision was predicated without gathering and considering facts and impacts.
2: Arrogant disrespect: Of everyone’s voice at the March 31 meeting vote. This was a public display of total omnipotent disregard of all citizens exercising their duty and of anyone standing in their way – despite pleas for proper decorum.
3: Misleading and Unprofessional- By erroneous "non-facts” tossed about by town officials regarding budget needs, tax consequences, and unsubstantiated "lesser of the evils" scenarios (post vote) meant to simply placate and seemingly mislead citizen opposition.
I am equally appalled by the present lack of response our town government has expressed in light of what has been exposed.
This is a good lesson, that is everyone’s responsibility to be involved in our future and “inspect what we expect” for our leaders and not follow like sheep.
Susan
Roger Pachiderm
1:46 pm on Wednesday, June 15, 2011
My questions come from experience of working with a community group to stop development. All the money we raised (and it was a lot) went to attorneys and the end result was no satisfaction. The lawsuits were pretty much tossed out with no trials. We raised more than the attorney said we should and even though the long legal fight we thought would happen never did - we were all still out of that money. In retrospect we did not maintain accountability for the actual hours worked and the money paid.
joseph
4:40 pm on Sunday, June 19, 2011
all of you are being baby s on this you all have to much time on your hand s move on
JoeRobertson
1:01 pm on Monday, June 20, 2011
Joseph. Babies? People working to prevent the entire fabric of Mahwah from changing? People working to prevent the massive traffic jams and more crime? Pardon me if I feel your comment is "babyish."
joseph
6:21 pm on Monday, June 20, 2011
hey this is how it is ok it is time for all of you to get over this and you guy s do not need to be alot of baby s on it it is the way it is in life and i do feel ALL OF YOU ARE 1 BIG BABY
resident
1:09 pm on Monday, June 20, 2011
Please be more specific about being babies!!! I don't have a lot of free time on my hands but I will to put out the effort to stop the mall since it will be right in my backyard and will not create any value for my property. Would like to pay my taxes and buy my house so they can build the mall? I don't recall fighting for your rights ever being called acting like babies. If people didn't unit and organize women' would not be voting! I hardly think the women who fought for almost a hundred years for the right to vote were BABIES!
Average Joe
11:59 am on Tuesday, June 21, 2011
Yes good comparison. An entire half the population being unable to vote for national election is the same as a mall being built in an unused part of a town.
Average Joe
11:56 am on Tuesday, June 21, 2011
I like Malcolm! Finally someone reasonable.
Roger Pachiderm
1:15 pm on Tuesday, June 21, 2011
Gottardo,
Not sure where I used innuendo or here-say? I sought out records from the established databases. I am very familiar with non profit operations. I will only donate my money to organizations that are transparent on where the money goes. I want to support the fight against over development. For the group to have a chance at succeeding it needs to be done properly. For every $1 given to the stop the mall cause the developer will spend a $1000. They will use their money to discredit their opponents both subtly and openly. My old community board lost our credibility and money in our fight against development in the 90's. None of us are left - I am now in Mahwah. Losing the fight the way we did we lost our voice. Our affordable homes have been replaced with million dollar town homes, the lot we could have used our money to make into a community garden or park is now a high rise.
I like being part of a community and want to contribute.
Good luck with the fight you all will need a lot of it.