Our Town letter

Our Town
58 West Pleasant Avenue
Maywood, NJ 07607

Dear Camille & Jim,

We wanted to update you on the progress being made by area residents opposed to the “big box” stores Vornado Realty proposes to build on the eastside of the Bergen Mall. There have been significant steps taken by those who favor renovation of the Bergen Mall without expansion into the wooded area.

First, Maywood residents have formed the Maywood Lawns Homeowners Association (MLHA) to oppose Bergen Mall expansion in our neighborhood. Many will recall that in 2001 Maywood officials opposed the Mall’s plan to construct a Sears Great Indoors store east of Forest Avenue. When it became clear that Maywood officials would not oppose the much larger expansion now proposed, we formed the MLHA and retained the law firm of Uscher, Quiat, Uscher & Russo to represent our interests using private funds.

Secondly, Hackensack has joined the fight. The proposed Mall expansion borders the City of Hackensack as well as Maywood. The Hackensack Mayor and Council have retained Richard Salkin, Esq. to represent residents. Mr. Salkin represented Hackensack in 2001 against Sears.

Finally, on August 26th, the Paramus Mayor and Council unanimously approved an ordinance which limits the development of “big box” stores larger than 130,000 square feet. Vornado has requested additional variances to sidestep this ordinance. One of the requirements of the ordinance is a 150 foot setback between commercial buildings and residential properties. Currently Vornado plans call for a 60 foot setback and therefore a 90 foot variance is being requested.

The next public hearing on the Bergen Mall proposal is scheduled for October 27th in Paramus. A large turnout of Maywood, Hackensack and Paramus residents will demonstrate our concern about the negative impact of Mall expansion on the eastside. Please attend this meeting if you can. We will provide another update shortly before the October meeting.

In the meantime, if you would like to learn more about how you can help oppose Mall expansion, please contact one of us.

Sincerely,


Maywood Lawns Homeowners Association
maywood.lawns@earthlink.net

Photo of abandoned Lowe's in Ocean Township

In 2004, Lowe's closed this store Ocean Township citing "safety concerns" because of cracks in the floor.



Sign says "store closed for repairs". However, Lowe's decided in Dec. 2004 not to reopen the store.

Lowe’s closes store in Ocean Township due to cracks in floor.

From: Atlanticville GMNews on Internet
http://atlanticville.gmnews.com/news/2004/1222/Front_Page/014.html

Lowe’s will not reopen OT store
BY CHRISTINE VARNO
Staff Writer

OCEAN TOWNSHIP — The Lowe’s Companies Inc. announced on Dec. 17 that it will not reopen its retail store at its former location in the Seaview Square shopping center on Route 66.

The store originally opened on March 19, 2003, and was closed temporarily on Feb. 27, 2004, “due to safety concerns caused by the settling of the building,” according to a Dec. 20 prepared statement by Lowe’s.

The property and building has been transferred to the landlord, Starwood Heller Seaview LLC, Edgewater.

“A number of evaluations have been ongoing in recent months and a resolution [to transfer the property] was met by both parties, Lowe’s and the landlord,” said Jennifer Smith, Lowe’s spokeswoman.

When asked why the store would not reopen she said she was “unable to get into greater detail” and would not comment on how much money Starwood offered Lowe’s, if any.

Starwood did not return a call for comment by deadline.

Mayor William Larkin said he anticipated that the store would not reopen and believes the company is using the stability of the building as an excuse to get out of town.

“My feeling is that they did a bad market study, which didn’t justify two [Lowe’s] stores in the area [one in Ocean and one planned in Eatontown],” Larkin said. “They are using the problems with the building as an excuse to not reopen the store.”

The 15,000-square-foot building was constructed over the former site of a landfill and cracks developed in the floor of the building as a result of the settlement of the landfill beneath the floor slab, according to a Lowe’s statement.

The landlord was responsible for preparing the ground beneath the floor slab and Starwood issued a long-term warranty to Lowe’s against major defects, according to the statement.

The problems began the summer after the building opened, Smith said in an interview in June and added at that time that Lowe’s had intended to reopen at the same location, but did not offer a timeline.

At the time of the store’s closing, the property owners were notified by Lowe’s of the problems that needed repair, and Starwood agreed to work with Lowe’s to investigate the settlement, Smith said in June.

She said it would be a long and complicated process.

The approximately 146 employees at the store’s Ocean location were transferred to nearby stores when it closed last Winter, Smith said.

“Lowe’s will continue to serve its Ocean Township customers at nearby stores in Brick Township [approximately five miles away], Howell, Holmdel and Tom’s River,” the company said in a statement.

With fiscal year 2003 sales of $30.8 billion, Lowe’s said it serves approximately 10 million customers per week at more than 1,050 home improvement stores in 46 states.

MLHA Press Release

MAYWOOD HOMEOWNERS OPPOSE
BERGEN MALL REDEVELOPMENT

Cite ‘Big Box’ Stores As Being Too Close To Backyards

Many Fear Loss Of Woods, Privacy, And Security

Maywood residents of Locust Drive, Walnut Road, and Cedar Avenue have banned together and formed the Maywood Lawns Homeowners Association (MLHA) to address their concerns about the Bergen Mall/Vornado redevelopment and its impact on the quality of life in the neighborhood.

The residents are not opposed to the renovation of the existing mall buildings that are west of Forest Avenue because this property has been neglected over the years by former mall owners. However, they are opposed to the construction of two ‘big box’ stores on the portion of the mall property east of Forest Ave. and adjacent to Locust Drive. The buildings will be only 60 feet from the residential property line.

In 2001, Maywood officials opposed Sears when it planned to build a Great Indoors on the same site. That plan was approved by Paramus after a compromised agreement was reached with Maywood but Sears never built the store. At that time attorney Bill Rupp represented Maywood. He is currently the Maywood borough attorney.

Maywood’s current mayor, Tom Richards, has refused to support the residents. It seems that Vornado is planning to build two buildings in the mall parking lot that is adjacent to West Spring Valley Avenue. This lot is in Maywood and will generate $ 200,000 in tax revenue for the borough. The Maywood Zoning & Planning Board will hold a public hearing on Oct. 4th to consider granting several variances sought by Vornado.

The law firm of Uscher, Quiat, Uscher & Russo of Hackensack has been retained as counsel to represent MLHA interests at the Paramus Zoning Board of Adjustment hearings. Attorney Art Uscher cross-examined Rockie Gajwani, Vornado’s V.P. of retail development and Ben Wauford of BLM, Vornado’s architect, at the September 8th meeting of the Paramus Zoning Board.

Hackensack residents effected by the mall expansion petitioned their mayor and council for support. The council appointed attorney Richard Salkin to represent those residents.

On August 26th, the Paramus town council unanimously approved an ordinance which limits the development of ‘big box’ stores larger than 130,000 square feet. The new ordinance calls for a building setback of 150 feet. Currently, Vornado plans call for a 60 foot setback, therefore, a 90 foot variance is being requested.

The next public meeting of the Paramus Zoning Board of Adjustment is scheduled for Oct. 27 at 7:30 P.M. at the Paramus Town Center. The MLHA urges all concerned citizens to attend the meeting and show your support.

Save our neighborhood

Vornado Realty Trust purchased the Bergen Mall in 2004 and has submitted an application to the Paramus Planning Board for approval of a major redevelopment of the entire property.

Part of this redevelopment plan calls for the demolition of the old ShopRite and construction of two new buildings for retail stores adjacent to Locust Drive. The application is seeking numerous variances for the construction of these buildings. These buildings were to be 135,000 & 144,000 square feet, respectively. Vornado has recently revised the plans by increasing the size of one of the buildings to include a garden center.

This project will have a major impact on the homeowners of Locust Drive.

• The plan proposes a buffer area of only 58 feet between the homes and the back of these buildings.
• The easement that was deeded by Bergen Mall to each homeowner in 1955 will be part of the buffer.
• To create this buffer space all the old growth trees within this area will be cut down.
• There will be two rows of saplings shielding the homes from these massive buildings.
• There will be a sidewalk and a 20 foot emergency lane in the buffer area.
• There will be a one foot drainage pipe in the buffer area to control flooding.
• The actual ‘green’ space shielding the homes from back of these buildings will be about 26 feet or, roughly one third the size mandated by the building code of Paramus.

• Each building will be up to 35 feet tall.
• Each building will have fire doors with emergency lighting.
• There will be a lighted parking lot for 200 to 300 cars.
• Construction of these new buildings is expected to take up to one year to complete.
• The hours of operation of the new stores will be from 10 A.M. to 10 P.M. , six days a week.

You’re probably asking yourself , “I’m a homeowner, what does this mean to me”?

• Your home will decrease in value.
• The natural beauty of your neighborhood will be gone.
• The neighborhood will be less desirable.
• You will lose your privacy.
• There will be more noise, more traffic, more lights, and less security.
• There will be an increased risk of flooding.

What can I do?

• Help Stop Bergen Mall Sprawl
• Join the Maywood Lawns Homeowners Association

email: maywood.lawns@earthlink.net
blog: http://mlha.blogspot.com