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Town attorney says township responsible for Moffatt Road Cemetery upkeep; Commission plans survey and cleanup

Township of Mahwah Historic Preservation Commission · May 21, 2026
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

A May 15 letter from the township attorney concludes the easement places maintenance responsibility for Moffatt Road Cemetery with the Township; the Historic Preservation Commission scheduled a survey, solicited landscaping estimates and noted an Eagle Scout cleanup and neighbor volunteer help for a retaining wall.

The Mahwah Historic Preservation Commission was told on May 21 that a May 15 legal opinion finds the Township responsible for maintenance of Moffatt Road Cemetery and recommended a town-conducted survey to guide repairs.

Chair Regina Toomey Bueno distributed the attorney's letter to commissioners and members noted an Eagle Scout from Troop 258 recently completed a cleanup of the cemetery. Linda Dator said she will meet with Greenbelt Landscaping and other members to obtain pricing for cleanup work; a nearby resident volunteered to assist with repairing a failing retaining wall.

The letter from Township Attorney Fred Semrau, as described at the meeting, reports the cemetery parcel is divided between two trusts but that the easement language places upkeep duties with the Township. Commissioners flagged the need for a formal survey of the parcel to plan maintenance and to ensure work avoids encroaching on privately held trust parcels.

Commissioners also reviewed a proposal from Downes Tree Service to remove a leaning tree at the site; tree removal will require neighbor agreement to permit crane staging on adjacent property. Chair Bueno said she will follow up with the neighbor and noted that scheduling and staging details must be resolved before removal can proceed.

The Commission recorded the cleanup work and the attorney's interpretation as the basis for moving toward Township-led maintenance planning; specific funding sources, timing and contractors were not specified and will be developed after the survey and estimates are received.