Why Mahwah Residents Are Suing The Township
Anti-mall group sues Mahwah days after Suffern, NY files suit
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The Committee to Stop Mahwah Mall’s decision to file a lawsuit against the Township of Mahwah Monday was based on “procedural rather than substantive” objections to the Crossroads Town Center development, said Michael Kates, the attorney representing the group of residents.
“What my clients object to is the way this was carried out," Kates said. "It should have been planning first then development interest, not the other way around.”
The suit addresses issues the group of residents has with a development plan for a shopping center near the Sheraton Hotel on Route 17. Mahwah’s town council approved three rezoning ordinances to allow for a 750,000 sq.-foot development on the Crossroads property. The plan includes 600,000 square feet of retail space, a movie theater, restaurants, offices, another hotel and pedestrian areas.
The lawsuit, filed against the Township, Mayor, Town Council, Township Clerk, Crossroads Developers Associates and other involved parties, is based on three core complaints residents have with how the development plans were created, Kates said.
Residents' concerns include one of the ordinance’s what they say is non-compliance with the township’s master plan, an alleged conflict of interest on the part of Mayor John DaPuzzo, and the rejection of the group’s petition by the Township Clerk.
The residents allege DaPuzzo’s wife’s position as director of the Recreation Department clouds his objectiveness in regard to a recreational segment built into the development plan. The mayor, who was appointed to that position this March after the death of Richard Martel, was Town Council president when the ordinance changes were introduced.
“If the whole process had been done differently, originating with the planning board, having public hearings, it would be a different story,” Kates said.
“We are just a citizens’ group who is now getting more and more organized,” Mary Sullivan, a member of the CSMM, said.
“Two residents, Joey Bourgholtzer and Michael Richards, have spearheaded this whole thing,” Sullivan said.
“We started out as a group of about 10 people. We held a meeting two weeks ago, and 61 people showed up, volunteering their services and writing checks. So, now we have a lawyer and filed a suit,” she said.
Richards, who said that he and several other citizens formed the anti-mall group in February after attending town council meetings, said, "Our ultimate goal is to have the ordinance nullified, and really to have this put to a non-binding referendum."
"This is just such a huge project that is going to affect everyone in the township, and I think the decision should take into account the opinions of residents."
Bourgholtzer added, "The community, as a whole, needs to consider all of it's parts. A project like this would have a major impact on certain sections of town, like West Mahwah and Stag Hill."
Sullivan said that the group now plans to move forward with both the suit and spreading its message to other township residents. Richards said that the group, which has already raised $5,000, will now start more organized fundraising efforts.
“It’s all volunteers working, and our next steps include sending out mailings,” Sullivan said.
Kates said that winning the case would mean the township would need to “start over, and do it right.”
This suit came a few days after the neighboring village of Suffern, NY, filed a lawsuit against the township for ignoring the impacts the mall might have on that town.
The Suffern lawsuit was the result of mounting concerns in that village about the impacts the mall would have on Mahwah’s New York neighbor.
According to a letter from Suffern Mayor Dagan LaCorte to DaPuzzo and the Town Council, dated March 30, Suffern’s concerns are based on the “conceptual plan” for the retail development provided by Crossroads Developers.
The letter is posted on the Suffern website.
“Traffic impact is of particular concern,” LaCorte said in the letter, because roads that intersect with or run through Suffern, like Franklin Turnpike, Route 202 and North Ramapo Ave., were not included in the preliminary traffic impact study. The study was completed by the Boswell McClave Engineering group, a Mahwah township consultant.
The village of Suffern commissioned a study by Frederick P. Clark Associates to “determine the impacts to the village of Suffern” from the then-proposed zoning ordinance changes, in March 2010.
Other concerns investigated by the study included the development’s coexistence with a pedestrian trail along the Ramapo River, which has been proposed by the Town of Ramapo, and possible flooding implications resulting from the increase in storm water flow off of impervious surfaces built into the mall’s plan.
Though approved by the Mahwah town council at a contentious March 31 meeting, the Crossroads Town Center’s plans still need to undergo additional review processes and studies, and be approved by the township’s planning board before they could come to fruition.
walter stanton
2:17 pm on Wednesday, May 18, 2011
Time for a new mayor
joseph
11:49 am on Monday, June 13, 2011
hey if you feel you can do a good job go for it you all are being a baby on this woman and man will have job s and makeing good money all of you are all baby
Linda
5:31 pm on Wednesday, May 18, 2011
How about the the waste of tax payers money on the town municpal center. Other local townships make due with the old. However Building a Mall will create jobs for the average joe and the sheraton location is a good one and should not effect the tax paper. Mahwah get offf of your high horse !!!!!
walter stanton
12:57 pm on Thursday, May 19, 2011
this will cost mahwah much more than it returns ,take some time out to research things "contempt prior to investigation is the most certain way to remain in ignorance"
John
9:04 pm on Wednesday, May 18, 2011
I think I may have to run for mayor in a few years. Any major-impact decision is always a referendum vote, period. Voting should be used for ALL Governmental decisions. You all see the traffic on 17, 287, 202, Franklin Tnpke, Island road and all the Mahwah/Suffern routes, which are few as it is.
We will then need more police, DPW, fire vehicles and Township personnel and crime will be on the rise.
You can't stop progress, but the way this is going about is pure disrespect to the residents and neighboring towns.
Guarantee the residents there will be no new taxes for 5 years and you may have a different song here, but that will never happen.
Mahwah was not happy with the new tax "revals" and this is there way to make more money. This town is swimming in money, but with all the fat-cat pensions and waste, greed is the name of the game.
Why aren't the towns vehicles being upgraded to hybrid, electric and smaller sized models that use less fuel, that WE are paying on? As said, don't get me started...I am sick of waste and my tax money funding people and not services. Just call the DPW for something, they will act like you are bothering them!!! Remember Mahwah workers, YOU work for US!
Michael Richards
9:27 am on Thursday, May 19, 2011
This issue affects everyone in the Township of Mahwah and neighboring communities.
The people of Mahwah should vote on this in the NOVEMBER elections.
Everyone should remember that our voice counts. Please write to the four council members to reconsider their stance and allow our voices to be heard.
Now is the time to stand united and help our neighbors in West Mahwah and Stag Hill areas. The impact on these communities will be staggering.
Thank you! Michael Richards
Average Joe
9:56 am on Thursday, May 19, 2011
Michael Richards has moved from shouting racial slurs at comedy clubs to now attacking hard working council members in small towns I see.
Steve
11:13 am on Thursday, May 19, 2011
Many people argue that this mall will hurt "local" businesses... but I'm curious to know how a store in Mahwah is different than a store [in a mall] in Mahwah? What is the difference?
Furthermore, the addition of all of these new stores in our town brings in additional tax revenues and new jobs to OUR town.
-Will we need more police and firefighters? YES
-Will the additional taxes revenues generated by the mall more than cover the salaries? YES
-Will many Mahwah residents who are now either unemployed or employed in other towns (or states) have the chance to work or work closer to home? ABSOLUTELY
-Will our town have more traffic? DEFINATELY
Additional traffic will bring additional revs. There are various Diners, Gas Stations, Car dealers, etc that line Rt17 in Mahwah. Also, look at the smaller stores on Franklyn Tpk; Coffee shops, gas stations, bagel stores, drug stores, etc. All are local businesses that have served our community and kept our residential taxes low for years. They would benefit greatly from increased traffic! .
Think about the times you shop in Paramus and stop off at Mark Twain Diner or Cheesecake Factory for a quick bite before heading back home. A benefit to a Paramus “local” business adding tax revenue to THAT town! People volume adds up to business which adds up to jobs, which adds up to tax revenue, and so on.
When arguing against this project one must be openminded and not ignore the HUGE benefits from the addition of this mall.
John
12:00 pm on Thursday, May 19, 2011
Hi Steve...not to be disrespecful, but if I want Paramus, I'd move there. I, and others, don't oppose more business, but you are sacrificing your time, precious time, standing in more lines, more gas station waits and such...just so OTHERS in business make money because you want to have an "easier" place to get coffee in the morning?? This place is already saturated with business. I can get my clothes cleaned in several places within a 4 to 5 mile radius.
And why are you for more revenue coming in tax-wise? Taxes always go up, because Government doesn't know how to stop spendning, which will happen here when more taxes are generated.
The key, for Government, is to CUT excess and stop coming to the working people who need money to buy food, clothes and $4.00 gas. Tax my paycheck LE$$ and let me decide where to spend MY money.
If I have more in my check, I will spend more...why is that so hard for people to understand??
If I have to spend my money with care, then Government should have to as well.
So, if I spend too much and am over budget, can I count on you, personally, to give me YOUR money to help me out because I spent more than I made?? Hmmm, didn't think so.
I really don't care if the mall goes in or not...Just give the residents who do care SOLID reasons as to why it should be built. Monetary benefits should NOT be the sole reason for this mall.
Then again, it's always about money, isn't it?? That's why I loathe the "system."
joseph
11:47 am on Monday, June 13, 2011
you need now to be a baby on this and move on man and woman will have work and makeing good money