October 10, 2012 THE VILLADOM TIMES IV • Page 9 Mahwah Crossroads decision will have consequences by Frank J. McMahon The decision Superior Court Judge Alexander Carver III will make about the legality of the Mahwah Council’s 2011 decision to rezone the International Crossroads property will have consequences for the township and the developer. If Judge Carver finds there was a conflict of interest and nullifies the council’s vote to introduce the rezoning ordinance, the developer would be prohibited from proceeding with its plans to construct a 600,000 square foot retail center on the 140-acre property. Plans call for the parcel, which is located near Routes 17 and 287, to be developed with two big box stores, a tenplex theater, 200,000 square feet of retail shops along a pedestrian oriented corridor, and an athletic field. James Jaworski, the Crossroads Developers, LLC attorney, said his client would appeal that decision. If the judge dismisses the conflict of interest case against Crossroads, the planning board’s public hearing of the developer’s proposal would continue, and the zoning ordinance permitting retail use on the Crossroads property would remain in effect. If Judge Carver invalidates the ordinance the township council adopted on Sept. 1, 2011 to repeal the rezoning ordinance, Jaworski advised that it would open up the possibility of making changes to the Crossroads plans, such as the potential purchase of the Suburban Propane property to provide better access to the mall. If the repealing ordinance is left intact, Jaworski claims the purchase of the Suburban Propane property would not be possible because it would require his client to change plans, which would require a new application to the planning board. The new application would have to be considered under the current office park zoning of the property, which does not permit retail use on the site. Judge Carver is considering arguments presented by Jaworski and by attorney Michael Kates, who represents the group of residents known as the Committee to Stop the Mahwah Mall. Kates claimed that former Mahwah Councilman John DaPuzzo should have recused himself from the vote to introduce the rezoning ordinance because DaPuzzo’s wife is, and was then, the township’s director of recreation and (continued on page 19)