Report: Crossroads Settlement Talks Reach Impasse

Editor's note: Since Crossroads has been brought up during certain points of the New Milford Zoning Board hearings regarding the proposed development of the United Water property by Hekemian, this article may be of interest to those who have been following those hearings closely.

After two rounds of discussions at a Superior Court in Hackensack, the three parties involved in two pending lawsuits surrounding the proposed Crossroads Town Center development on Route 17 will not settle out of court, NorthJersey.com reported Wednesday.

According to the report, the Committee to Stop Mahwah Mall, a resident group that formed in 2011 to fight the proposed project, demanded during settlement talks this week that the two “big box stores” be removed from the developer’s plan. Representatives for the Crossroads Developers refused to bend on the design, saying that they must stick to the specifications in the ordinance allowing for the development, the report said.

On Monday, CSMM lawyer Michael Kates met with Crossroads attorney Jim Jaworski, township attorney Andy Fede, Mahwah Planning Board lawyer Peter Scandariato, and Judge Alexander Carver III for the second round of settlement talks, the report said. Carver heard the two cases surrounding the development last September.

Since the discussions reached an impasse, NorthJersey.com reported Carver will make a decision in both cases. One was filed by the CSMM against the developer, and one was filed by the developer against the township.

In the first case, the Committee to Stop Mahwah Mall argued that Ordinance 1684, allowing for the Crossroads development, was invalid because former town council president John DaPuzzo voted to introduce it. Kates argued that because of a clause in the ordinance requiring recreation fields be incorporated into the development, under the direction of the township Recreation Commission, DaPuzzo’s “spousal interest” should have caused him to recuse himself from the vote. DaPuzzo’s wife, Dawn, is the township’s part-time Recreation Director.

Kates also argued that DaPuzzo’s judgment was “clouded” by large monetary donations the Crossroads Developers made to the Mahwah Schools Foundation, an organization he helped found.

Jaworski argued that Dawn DaPuzzo had no role in the creation of the Ordinance allowing for the development. He also said the ordinance dictates the fields' designs are under the purview of the planning board, not the mayor and council.

In regard to the charitable donations, Jaworski argued ruling against the township on that count would discourage “community-minded people and volunteers” from running for public office, which he called a “chilling,” impact.

The second case questions the validity of an ordinance repealing the one allowing for the development. Jaworski argued the ordinance was not drafted and passed using propoer council procedures. Fede argued that the Planning Board followed proper and normal protocol in this case.

While litigation is pending, the Mahwah Planning Board is holding ongoing hearings on the development’s site plan.

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