Township of Mahwah, NJ
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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 Ridgewood News on October 29, 2004 stating the meeting would be held in room 311 in the Municipal Offices located at 475 Corporate Drive, Mahwah, New Jersey on Tuesday, January 18, 2005.

Notice of this meeting is posted on the Municipal Bulletin Board. 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, Martel (7:10), Raiz, Ross, Snyder

Also present, Nilufer DeScherer, (7:20) Associate Township Atty.

Absent: Commission member Plicinski

Calandrillo made the motion, seconded by Snyder, to approve the minutes of the December 14, 2004 Housing Commission meeting. All in favor. Motion carried. Brotherton and Calandrillo abstained.

Calandrillo made a motion, seconded by Snyder, to approve the minutes of the Closed Session of December 14, 2004. All in favor. Motion carried. Brotherton and Calandrillo abstained.


Calandrillo made the motion, seconded by Snyder to open the Public Portion of the meeting.

Steven and Patricia Heaps addressed the Commission regarding the occupancy of their son’s affordable unit by his Grandmother. Ross, Calandrillo, and Raiz informed the family, as with all owners, the Commission will follow the policy established by the Affordable Housing Plan. Martel requested further discussion be moved to Closed Session.

Calandrillo made a motion, seconded by Snyder to close the Public Portion. All in favor. Motion carried.

Letter from Scott Pierkarsky, Esq. regarding 1102 Sage Court was reviewed. As well as, the letters addressing the issues of 2010 Hawthorne Lane.

The Council on Affordable Housing is in receipt of the Township’s motion of request for the extension of the Substantive Certification


Report A - The one unit listed for sale had a sale pending within three days. The owner of a unit that had a sale pending withdrew the unit, due to an unsatisfactory home inspection on the place she were purchasing.

Report B – 735 Pepperidge Ct. - Scheduled for 9:00 AM in Municipal Court on
February 3, 2005.

775 Sassafras Ct. – Reed working with owner there is a rental pending with a certified household. Owner has lock out appointment scheduled for January 27, 2005 with Superior Court of New Jersey for the current occupant.

2010 Hawthorne Ln. – See Report

Report C – No changes

Report D - 389 Poet’s Way - DeScherer reported on the Stipulation of Settlement Agreement received by the Township. At the present time there is not a scheduled date for the Sheriff’s Sale. However, the Ameriquest Attorney wanted to confirm he would be working with the Affordable Housing Dept. by having a Certified Household purchase the property at the Sale.

1411 Faulkner Ct. & 2107 Hawthorne Ln. – DeScherer presented checks to the Commission from the Superior Court of New Jersey for the surplus funds from the foreclosure sales in the amount $17,877.36 and $40,023.65 respectfully.

Report E thru E-3 and Summary – Current balance $933,793.88. The use of funds was discussed. DeScherer suggested the Township could begin buying units as they become available and reselling them. DeScherer discussed the rental issue with Keith Henderson, of the Council on Affordable Housing (COAH), if the Township begins to purchase units, then the Ordinance could be changed with new restriction language. Such as extending the restrictions and not allowing rentals.

DeScherer will prepare a draft to the Ordinance, with the above changes, for review at the February meeting and when approved by the Commission will then be forwarded to C.O.A.H. The procedure policy for any Affordable units which may go to Sheriff’s Sale will also be included in the Draft.
She will request written clarification from C.O.A.H. on the interpretation of expiration dates and what it means to the Township’s Affordable housing program.

The above coincides with the proposed amendments by the Housing and Mortgage Finance Agency (HMFA) to the Uniform Housing Affordability Controls and the re-proposed rules by C.O.A.H.

Brotherton made a motion, seconded by Calandrillo, to have DeScherer draft the above changes to the Township’s Affordable Housing Ordinance. This would allow the Township to purchase units, as they become available, and resell them immediately to a Certified Household on the waiting list. In addition, rentals would no longer be allowed and a new 30 year restriction would be added to the Deed.

Roll Call: yes Brotherton, yes Calandrillo, yes Martel,
yes Raiz, yes Ross, yes Snyder.

Motion approved.


a. Letters to owners –Re: Refinance-DeScherer –Tabled until
Ordinance amended.
b. 1168 Sycamore Ln. – DeScherer sent a letter to the owner, addressing
his questions regarding the Rules and Regulations, a copy will be forwarded to the Housing Dept.
c. Rental Status – Tabled until Ordinance amended.
d. 2010 Hawthorne Ln.- DeScherer was asked by the Condo Association if they could purchase the unit. Per COAH, as long as it is a non-profit association and they maintain the affordable controls it is allowed, if the owner wishes to sell to them. If the Township purchased the unit from the owner, the Condo liens would need to be paid from the proceeds. Further discussion moved to Closed Session.


a. 2114 Hawthorne Ln. – Violation- Moved to Closed Session
b. Dept. of Community Affairs Letter – See Above (HMFA)


At 8:00PM Snyder made a motion, seconded by Calandrillo, to enter into Closed Session to discuss Legal matters. Motion carried.

At 8:40 PM Calandrillo made a motion, seconded by Brotherton, to return to Open Session. All in favor. Motion approved.

Calandrillo made the motion to pursue the issue at 2114 Hawthorne as the Commission does with all other illegal occupancies. Brotherton seconded.

Roll Call: yes Brotherton, yes Calandrillo, abstain Martel,
yes Raiz, yes Ross, yes Snyder.

Motion approved.

Being no further business, Martel made the motion for adjournment at 8:45 PM. Seconded by Calandrillo. All in favor. Motion carried.

The next scheduled Housing Commission meeting is Tuesday, February 15, 2005 at 7:00 PM.

Respectfully submitted,

Mary Ann Reed
Recording Secretary

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