Mahwah September 14, 2011 THE VILLADOM TIMES IV • Page 7 Crossroads plan deemed complete, but lawsuits loom by Frank J. McMahon Gary Montroy, Mahwah’s planning/ zoning officer and construction code official, has deemed the Crossroads Developers LLC site plan complete. The plan for the 140-acre Crossroads property at the northern end of the township describes a retail mall containing two large box stores, retail shops along a pedestrian walkway with office space above the shops, a hotel, a 10plex theater, and recreation fields. The designation of completeness means that, according to the new Time of Application Rule, the zoning of the property that was in effect when the plans were submitted will govern the planning board’s review of the application. That zoning is mixed use retail, which is the zoning the township council approved on March 31, when the governing body adopted three ordinances regarding the rezoning of the property from office use to retail use. In addition to the ordinance that rezoned the property, the other ordinances approved on March 31 were a fee structure ordinance and a security ordinance, both of which were related to the rezoning. The council reversed itself on Sept. 1 by adopting an ordinance to repeal the rezoning ordinances adopted on March 31. However, the developer had submitted the plans for the site the day before the repeal, thereby maintaining the retail zoning of the property for this application even though the property is now zoned for office use. The Time of Application Rule, a May 5, 2011 update to the state’s land use law, has not yet been argued in court. As a result, the possibility of lawsuits by either the township and/or the developer exists in order to clarify the intent of the legislature in passing the law. Currently, there are two lawsuits pending against the township regarding the original rezoning of the property. Council President John Roth was asked about the possibility of legal action on the part of the township council to prevent the developer from building a retail mall on the site. Roth said he had not yet discussed the status of the application with the township attorney, and it was too early to say if the council would consider any legal action in this matter, or if any legal action would have any merit. “Not having spoken to the township attorney, my frame of mind would be that I would not be open to supporting any litigation that did not have the likelihood of success,” Roth said. “I for one would not entertain a frivolous lawsuit just to make it appear that we are angry.” James Jaworski, the Crossroads attorney, made it clear at a recent public council meeting that his client will likely sue the township for repealing the three rezoning ordinances that were adopted March 31. Jaworski told the council and the packed council meeting room that his client has submitted not only the site plan for the project but also an engineering checklist, a survey, a soil moving application, drainage calculations, the traffic plan, planning analysis, and security plan that was required by the council. Jaworski also pointed out that his client has paid $15,338 in fees and put $128,838 into an escrow account to cover the township’s cost of processing the application. According to Jaworski, the action the council took to repeal the rezoning ordinances was “arbitrary, capricious, and unreasonable,” the words usually associated with a lawsuit filed in Superior Court against a municipal entity. He also noted that the state law regarding the zoning that must be considered when an application is submitted is a brand new law. He added, “We may well be the ones to litigate it; that remains to be seen.” He emphasized that his client has filed the application under the ordinances that were adopted on March 31 and he believes the Time of Application Rule was passed by the state legislature because that body wanted to eliminate the scenario where a developer submits an application and then has the zoning “pulled out from under them.” Jaworski pointed out that the council spent years putting the rezoning ordinances together and, in doing so, they used the services of a professional planner, an engineer, and a sewer consultant, and all aspects of the rezoning were reviewed with the township’s emergency services and Police Chief James Batelli. “We did everything that needs to be done in terms of getting Ordinance 1684 (the ordinance that actually rezoned the property) approved by the council,” said Jaworski. “What you are doing tonight in repealing that ordinance is arbitrary, capricious, and unreasonable.” Councilwoman Lisa DiGiulio chastised Jaworski, saying, “You are probably one of the best lawyers in the area, but you have absolutely no class. You came here to insult people. I hope we see you in court.” With that, Jaworski left the meeting. Samuel Alderisio, the lone council member to vote against repealing the rezoning ordinances, explained his vote, saying the council held meetings for three years on the rezoning of the Crossroads property with hours of research and numerous reports from professionals. “It is my opinion, and it is not an emotional opinion,” Alderisio said, “that based on what I have learned over three years, this is the best thing for Mahwah at this time.” Alderisio explained further that he is concerned with what else the developer might put on that property, especially a use that would pay no taxes, but would require services, or additional housing.