Township of Mahwah, NJ
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Monday, November 7, 2005

The meeting was called to order at 7:00 PM by Chairman, Dr. Bernard Ross, who read the Open Public Meetings Act Statement as prescribed by law. Notice was advertised in the Bergen Record on May 25, 2005 stating the meeting would be held in room 311 of the Municipal Building located at 475 Corporate Drive, Mahwah, New Jersey on Monday, November 7, 2005.

Notice of the meeting is posted on the Municipal Bulletin Board and the Municipal Web-site. The minutes of the meeting shall be available from the Township Clerk, Secretary of the Housing Commission and the Municipal Web-site upon adoption by the Commission.

Salute to the Flag.

Present Commission Members: Brotherton, Calandrillo, Raiz, Ross and Snyder.

Also present, Nilufer DeScherer, Associate Township Attorney.

Absent Commission Member: Martel

Snyder made the motion, seconded by Calandrillo to approve the minutes of the October 18, 2005 Housing Commission Meeting. All in favor. Motion approved. Brotherton abstained.

Calandrillo made the motion, seconded by Snyder to approve the minutes of the October 18, 2005 Executive Session. All in favor. Motion approved. Brotherton abstained.


On a motion by Calandrillo, seconded by Snyder the meeting was open to the Public. All in favor. Motion approved.

No Public in attendance.

Calandrillo moved to close the Public Portion, seconded by Snyder. All in favor. Motion approved.


The letter from Lucy Voorhoeve, Executive Director, of Council on Affordable Housing
in Trenton, regarding the Township’s affordability assistance program was reviewed. DeScherer mentioned that there are several suggestions in the letter which are not part of the Township’s present Spending Plan. The Commission decided to abide by their prior decisions regarding the Spending Plan and follow the sample for administration purposes only.


Report A – Sales/Rentals – One (1) unit available for rent, five (5) sales pending.

Report B – Violations/Potential Violations:

488 Quince Court- DeScherer reported she spoke to the County recording office, the Deed was recorded and they will forward a copy to her office.

735 Pepperidge Court –Moved to Executive Session

Report C – Pending Foreclosures – No Changes

Report D – Current Foreclosures:

389 Poet’s Way – Moved to Executive Session

914 Thoreau Court –A date for the Sheriff’s sale has not been scheduled. The Township will be represented at the Foreclosure proceeding.

2010 Hawthorne Lane – Moved to Executive Session

Report E thru E-3-Affordable Housing Trust Fund- Present balance $1,103,001.82; year to date Development Fees collected $124,663.00.


a. 389 Poet’s Way-Ameriquest Mortgage Co./Selensky –Moved to Executive

b. 488 Quince Court- Moskel- See above, Report B.

c. Spending Plan/Voorhoeve – Moved to Executive Session

d. 735 Pepperidge Road-Wraga –Moved to Executive Session

e. 2010 Hawthorne Lane-Butler – Moved to Executive Session

f. Housing Commission Vacancy- The suggestion will be forwarded to the Mayor and Township Council for consideration.


The Housing Element & Fair Share Plan report prepared by Burgis Associates, Inc. was discussed, especially the projection of the baseline residential growth table. The report will be forwarded to the Township Planning Board for review at their November meeting.

Calandrillo made the motion at 7:25 PM, seconded by Brotherton to enter into Executive Session. All in favor. Motion approved. The following pending Legal matters are to be discussed:

a- 389 Poet’s Way-Ameriquest Mortgage Co./Selensky
b- 735 Pepperidge Road-Wraga
c- 2010 Hawthorne Lane-Butler
d- Spending Plan

Ross moved that the Housing Commission consult in private with its Attorney concerning the Commission’s Legal Rights and duties in reference to specific matters; the exact discussion will not be disclosed. However, any action to be taken by the Commission as a result of said conference shall be taken in public.

At 8:10 PM Snyder made the motion, seconded by Brotherton to return to Open Session. All in favor. Motion approved.

In summarizing the Executive Session, DeScherer reported on the items discussed, including the pending litigation matters:

a. Spending Plan-Since the Township is required by C.O.A.H. to submit a new Housing Element & Fair Share Plan with its’ petition for the third round substantive certification process by December 20, 2005, it will exceed the maximum of twenty percent of yearly development fees collected allowed for administration purposes. The Commission agreed to contact C.O.A.H., as well as, local legislators requesting permission to exceed the twenty per cent limit. If permission is not forthcoming, the Housing Commission feels it will be unable to proceed with current litigation matters or future items in order to save affordable housing units. It may also effect the enforcement of the Housing regulations.

b. 389 Poet’s Way-Ameriquest Mortgage Co./Selensky- DeScherer will follow up.

c. 735 Pepperidge Road-Wraga –Tabled

d. 2010 Hawthorne Lane-Butler- A letter will be given to any prospective tenants regarding possible pending issues.

Being no further business Calandrillo made the motion for adjournment at 8:15 PM. Raiz seconded. All in favor. Motion approved.

The next scheduled Housing Commission meeting is Tuesday, December 13, 2005 at 7:00 PM in room 311 of the Municipal office complex.

Respectfully submitted,

Mary Ann Reed
Recording Secretary

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