July 20, 2011 THE VILLADOM TIMES
IV • Page 23
Mahwah Minutes
Shakespeare performance set The Shakespeare Theatre of New Jersey’s Next Stage eNSemble will perform “Love’s Labour’s Lost” on Tuesday, July 26 at 7 p.m. at the Mahwah Public Library. This abridged production of the bard’s pastoral comedy will be held in the Winter Room. No tickets are necessary. Seating will be provided on a first come, first served basis. The library is located at 100 Ridge Road. For more information, call (201) 529-7323. Summer Music Festival continues The Mahwah Public Library’s Summer Music Festival, now in its 13th season, will feature Frederick Katzenber on oboe and Gary Klein on piano on Monday, July 25 at 7 p.m. Katzenberg and Klein will perform works from Bach, Bellini, Nielsen, Chopin, Jacob, Albinoni, and others. The performance will be held in the Winter Room at the library at 100 Ridge Road. No tickets are necessary; seating is on a first-come basis. For information, call (201) 529-7323. Learn about Korean culture The Mahwah Public Library is offering the “Korean Spirit and Culture Promotion Project,” which will include the documentaries “50 Wonders of Korea” and “Korea Today: Korea’s Modern Development.” This program for teens and ‘tweens will be held in the Winter Room of the library located at 100 Ridge Road on July 23 at 1 p.m. Between screenings, traditional Korean ceremonies will be performed, including a traditional wedding ceremony. Samples of traditional Korean dishes will be served. Registration has begun, and may be completed in person at the teen librarian’s desk or by using the interactive calendar at Mahwah.bccls.org. Outdoor Movie Night planned On July 26, “Despicable Me” will be shown on a 25foot screen at Commodore Perry Field, 550 Ramapo Valley Road in Mahwah, at 8:30 p.m. Admission is free for all Mahwah residents. The refreshment stand will be open. Attendees are encouraged to bring a blanket or chairs. Elks hold Sock Hop and Car Show The Mahwah Elks Club, 1 Foxwood Lane in Mahwah, will host a “Fabulous ‘50s Sock Hop and East Coast Rod and Custom Car Show” July 23 from 5 to 9 p.m. (Rain date: July 24.) The event will include live music from the ‘50s and ‘60s by the “Beauty and the Grease.” Attendees are encouraged to wear period outfits. A prize will be awarded for the best outfit. Car Show judging will begin at 6 p.m. A trophy for “best car” will be awarded at 8 p.m. Car registration is required prior to the event; call Paul Paulson at (845) 597-4466. The donation for this event will be $20 per person in advance; $25 at the door. The donation will include a buffet style dinner with beverages. All proceeds will benefit Elks charities. For tickets and hall availability, contact the Mahwah Elks at (201) 529-2906 or Mark at (201) 887-1380. For GPS directions to the Mahwah Elks, use 99 Foxwood Lane, Suffern, New York as the lodge is on the Suffern border. Class of 1962 seeks classmates The Mahwah High School Class of 1962 is searching for classmates for the upcoming 50th reunion. Classmates are asked to contact Arlene (Dobbs) Vance at ARL9444@comcast.net.
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Sixteen Scouts and five adults from Mahwah Boy Scout Troop 50 recently attended the West Point Camporee. This was a prestigious event that was attended by over 6,000 scouts from many different states.
Court revives wellness center issue
(continued from page 3) to be in the resolution and recorded in the minutes of the meeting at which it is adopted. However, he pointed out that whether the council’s actions met those requirements “lies at the heart of this appeal.” “The (lower court) judge’s view of the statute represents a plausible and not unreasonable interpretation of the statutory language,” Fisher wrote, “but we conclude that the judge’s insistence on a literal interpretation mistakenly puts municipalities to a burden likely unintended by the legislature.” Fisher explained that the lower court judge interpreted the statute to mean that a recording of the governing body’s thought process including “any debate, dissent, or opposing views” voiced at the public hearing on the ordinance was necessary to satisfy the state’s land use law’s goal of a full disclosure for passing an ordinance that is inconsistent with the master plan but that the Appellate Court panel disagreed with that reasoning. He wrote that minutes were never intended to include everything said at a meeting, but rather, “they need contain only a recitation of the matters discussed, the identities of the speakers, a summary of the discussion, and a statement of the decisions made.” Fisher added, “We conclude that the minutes were sufficient to meet the requirements of the state law, and that the council was not required to reiterate in the minutes what was stated in the referenced resolution. Such an approach exalts form over substance.” Claiming also that the lower court judgment would, in any future attempt to adopt this ordinance, require each voting member to provide an oral opinion underlying his or her vote, Fisher stated that the Appellate Court panel rejected that literal interpretation of the statute because of its tendency to unduly burden a governing body beyond the
legislature’s likely intent. The matter was remanded to Superior Court for further proceedings on the other issues raised in the complaint. Those issues include whether the ordinance is arbitrary, capricious, and unreasonable; whether proper notice was given; if the minimum lot size required was taken into account; if the township’s definition of “medical spa” is ambiguous; and whether the members of the council and the planning board have conflicts of interest in the matter. The battle between the township and Mahwah Realty Associates over the addition of health and fitness centers as a conditional use in the township’s industrial zones dates back to July 2000 when the township adopted an ordinance to do so. Mahwah Realty Associates sued and the ordinance was struck down by Superior Court Judge Jonathan N. Harris because of a lack of substantial consistency between the ordinance and the township’s master plan. Another ordinance was adopted in 2007 for the same reason, but Judge Harris once again struck it down because Mahwah failed to give adequate and proper notice of its legislative activities to all interested and affected parties as required by state law. There are four GI-80 zones in three parts of the township. Those zones are located in the Fardale section of the township near the Wyckoff border, between Island Road and the Conrail right-of-way off McKee Drive near Route 17 and Macarthur Boulevard, west of Franklin Turnpike opposite police headquarters at the intersection of Siding Place and King Street, and at the end of Christie and Cedar Hill avenues, both of which connect to Franklin Turnpike. There are two IP-120 zones in the township. One extends from the Ramsey border and Macarthur Boulevard to north of Corporate Drive. The other extends from the Conrail right-of-way to Ramapo Valley Road and Railroad Avenue in the northern portion of the township.