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TOWNSHIP OF MAHWAH PLANNING BOARD
MINUTES
MAY 20, 2002

7:30 P.M. SUB-REVIEW COMMITTEE MEETING

I. OPENING STATEMENT

The combined public/work session meeting of the Planning Board of the Township of Mahwah, held at the Municipal Building, 300B Route 17 S., Mahwah, NJ was called to order at 8:00 P.M. by Dr. Ross, Chairman. The Opening Statement was read according to the Sunshine Law, followed by the flag salute and roll call.

These minutes are a synopsis of the meeting. A verbatim audio tape recording is on file with the Board Secretary at the Planning Board Office, 300B Route 17 S., Mahwah, New Jersey. Copies of the tapes may be purchased for a fee.

PRESENT: Mr. Brotherton, Mr. Muscarelle, Ms. Omsberg, Dr. Ross, Mr. Trent, Mr. Dekramer (9:00 ), Mr. Paton, Mr. Jandris, Ms. Solomon.

ABSENT: Mr. Arbuckle, Mayor Martel.

PROFESSIONALS: Michael Kelly, P.E., Jason Kasler, P.P., Peter Scandariato, Esq.

II. APPROVAL OF BILLS

The following bills were submitted for approval:

Kasler Assoc. PA 05/01/2002 $ 175.00
Alampi, Arturi, et al. 04/24/2002 $1,000.00
Alampi, Arturi, et al. 04/24/2002 $1,105.00
A motion to approve the bills was made by Mr. Trent and seconded by Ms. Omsberg. All in favor.

III. APPROVAL OF MINUTES FROM THE PUBLIC MEETING/ WORK SESSION OF APRIL 22, 2002

A motion was made by Mr. Trent and seconded by Ms. Omsberg to approve the minutes of the Public Meeting / Work Session of April 22, 2002 with the following revision:

Page 2, line 7: Mr. Brotherton abstained from voting.

All in favor.

APPROVAL OF MINUTES FROM THE CLOSED SESSION MEETING OF APRIL 22, 2002

A motion was made by Mr. Paton and seconded by Mr. Trent to approve the minutes of the Closed Session meeting of April 22, 2002 with no changes. All in favor.

APPROVAL OF MINUTES FROM THE WORK SESSION OF MAY 6, 2002

A motion was made by Mr. Brotherton and seconded by Mr. Trent to approve the minutes of the Work Session of May 6, 2002 with no changes. All in favor.

IV. RESOLUTIONS

No resolutions were introduced.

V. OPEN TO THE PUBLIC

A motion was made to open the meeting to the public by Ms. Omsberg and seconded by Mr. Trent, all were in favor.

A motion was made to close the meeting to the public by Mr. Trent and seconded by Mr. Paton, all were in favor.

VI. WORK SESSION

A. TEMPLE BETH HAVERIM, BERM RE-DESIGN

Mr. Elkin, the architect and planner for Temple Beth Haverim was introduced by Bert Binder, Esq. Mr. Elkin explained that there is a problem providing the 4 ft. high berm which was noted in the approved site plan between the new parking lot and the rear of Lot 4. Specifically, the berm is less than 10 ft. wide in several places and the elevation of the grade of the berm opposite the parking lot is lower than the parking lot. This would require more than 10 ft. of width. They would like to construct a decorative masonry retaining wall along the far side of the berm to raise the elevation of the grade on that side in order to maintain a 4 ft. high berm with a maximum 1:1 slope. There would be a 2 ft. wide flat area at the top for planting of trees. Mr. Kelly stated that this would be handled as a field change and that from an engineering stand point there is no problem with placing a retaining wall there. It will be necessary for them to post a two year maintenance guarantee. The retaining wall will be self-weeping, no mortar. The color of the wall will be left up to Mr. Cohen and Mr. Walden.

Mr. Cohen of 296 Ramapo Valley Road and Mr. Walden expressed concerns about ponding and flooding. There is concern that the area is prone to flooding and that the water coming off the berm may cause more flooding.

It was suggested that Mr. Kelly do a visual during the next rainstorm and Mr. Kelly agreed.

A motion to approve the building of the retaining wall as per their letter of May 16, 2002 was made by Mr. Paton and seconded by Mr. Trent. A roll call of members present revealed 8 yes votes by Mr. Brotherton, Mr. Muscarelle, Ms. Omsberg, Dr. Ross, Mr. Trent, Mr. Paton, Mr. Jandris and Ms. Solomon.

VII. PUBLIC HEARINGS:

A. DKT. #435, GABRELIAN – OFF TO 6/10/02

B. BD-216-239-330, 6 TUDOR ROSE TERRACE, SOIL

Mr. Erik Kamback of 375 Beverly Place, Mahwah, NJ and Mr. Peter Kirch, 43 Spring Street, Ramsey, NJ were sworn in. Mr. Kirch is Mr. Kamback’s land surveyor regarding this application. They are requesting approval for a soil movement permit for 6 Tudor Rose Terrace. Mr. Kamback purchased the property at 6 Tudor Rose Terrace two years ago and would like to build a home on the property to be used by him and his family as their personal residence.

Mr. Kelly stated that he has reviewed the site plan and that Mr. Kirch has assured him that the few outstanding items would be addressed. Drainage issues were discussed. The applicant is not requesting any variances or waivers. There are some minor changes requested on the site plan. They need to clarify the drainage swale located on top of the retaining wall. They are proposing a cut of 3,500 c.y. and a fill of 500 c.y. The impervious coverage is 12,000 sq. ft.

18 trees are being removed and 21 trees are being replaced. Environmental approval was received last month.

A motion to open the meeting to the public was made by Ms. Omsberg and seconded by Mr. Trent . All in favor.

A motion to close the meeting to the public was made by Ms. Omsberg and seconded by Mr. Trent. All in favor.

A motion to approve pending the engineer’s approval was made by Ms. Omsberg and seconded by Mr. Trent. A roll call of members present revealed 8 yes votes by Mr. Brotherton, Mr. Muscarelle, Ms. Omsberg, Dr. Ross, Mr. Trent, Mr. Paton, Mr. Jandris and Ms. Solomon.



C. DKT. #376, DANZA, HALIFAX ROAD

Gerry Fede of 20 Polo Lane, Mahwah, NJ introduced himself and stated that the trustees of the Ramapo Hunt and Polo Club Homeowner’s Association did not receive notice of this hearing. Mr. Scandariato advised Mr. Fede that the Municipal Land Use Law sets forth that the applicant is entitled to rely upon the certified list of property owners within 200 ft. which was supplied by the Tax Assessor and that there was proper notice given in accordance with that list.

Mr. Whitaker requested that Ms. Omsberg recuse herself because she had recused herself in the initial hearings on the basis of an interest in the application.

Ms. Omsberg stated that at every meeting she has told the applicant that she has no personal, no financial interests, she does not live within 200 ft., she is not a member of the Ramapo Hunt and Polo Club Association. On the advice of the Planning Board attorney Ms. Omsberg recused herself.

Mr. Whitaker advised the Board that they were there on a remand from Judge Harris. He stated that there are two issues which need to be addressed. The first being whether residences can be constructed in conformity with the law and secondly the adequacy of the Halifax Bridge.

Christopher Statile of 11 East Oak Street, Oakland, NJ was sworn in and advised the Board of his professional credentials, educational background and areas of expertise. Mr. Statile made a visual inspection of the Halifax Bridge. He stated that the bridge is not load posted. The investigation that he did was based on the fatigue life of the bridge. He stated that he did not do an in depth inspection of the bridge.

Mr. Whitaker stated to the Board that in discussing the adequacy of the Halifax Bridge they are talking about whether this bridge can serve two additional lots.

Mr. Statile submitted a report to the Board. This report was marked as Exhibit A-1. He explained to the Board what evaluations he did, what his findings were and what conclusions resulted from those findings. He stated that the bridge is privately owned by the Homeowner’s Association. He explained load posting, fatigue life and AASHTO criteria to the Board. Mr. Statile’s opinion is that two additional homes will have no adverse effect on the fatigue life of the bridge and that the bridge would be adequate to service the two new homes – unposted.

A motion was made to open the meeting to the public by Mr. Brotherton and seconded by Mr. Trent. All in favor.

Mr. Steve Wagner, 10 Polo Lane, Mahwah, NJ stated that the bridge was built in 1908.


Mr. Whitaker called Mr. Alex Zepponi as a witness. Mr. Zepponi of 535 High Mountain Road, North Haledon, NJ was sworn in. Mr. Zepponi previously testified in connection with this application and was qualified as an expert witness. Mr. Zepponi testified that in his professional opinion the residences can be constructed in conformity with the building and construction codes.

Mr. Whitaker brought it to the attention of the Board that there is one change that is not noted on the plan which permits a public access easement along the east side of the Ramapo River. The applicant has agreed to that for no consideration. It will not be paved. It will run to the benefit of the Township of Mahwah.

DEP approval is forthcoming. They are expecting to have the approval within one month.

A motion was made to open the meeting to the public by Mr. Brotherton and seconded by Mr. Trent for the testimony of Mr. Statile and Mr. Zepponi. All in favor.

Steve Wagner of 10 Polo Lane, Mahwah, NJ introduced himself. He is also the President of the Ramapo Hunt and Polo Club Homeowner’s Association. He questioned Mr. Zepponi regarding the DEP approvals, fill, cutting and deed restriction set backs. He questioned if the application for Washington Lane had been pulled. Mr. Zepponi stated that administratively they had to ask for a withdrawal because of time limitations and that they will be reapplying this week.

Paul Denis of 101 Halifax Road, Mahwah, NJ introduced himself and questioned Mr. Statile as to his visual inspection of the bridge and the applicant’s right to use the bridge. He stated that the two homes that are proposed do not share in the liability of the bridge.

A motion was made to close the meeting to the public by Mr. Trent and seconded by Mr. Dekramer. All in favor.

Gerry Fede requested that this matter not come up for a vote before the Board tonight. Mr. Whitaker stated that there is no more cross examination of his witnesses. Mr. Scandariato told Mr. Fede his objection is on the record.

Paul Denis, 101 Halifax Road, Mahwah, NJ was sworn in and stated that the two lots have no liability for the road maintenance or bridge maintenance. Mr. Denis said they are trying to have the county help with the bridge due to the expense.

Steve Wagner stated that there are three issues that he is concerned with and requested that the Board put off the vote.



A Motion to grant conditional approval was made by Mr. Trent and seconded by Mr. Brotherton. A roll call of members present revealed 5 yes votes by Mr. Brotherton, Mr. Muscarelle, Dr. Ross, Mr. Trent and Mr. Jandris; 3 no votes by Mr. Dekramer, Mr. Paton and Ms. Solomon. Ms. Omsberg recused herself.

D. DKT. #395, DANZA, WASHINGTON LANE

Mr. Whitaker stated that this application pertains to Lot 21, Block 17 which is referred to as the property on Washington Lane. They have supplemented the information which was previously provided to the Board and Boswell Engineering. This is a 3 lot subdivision. The largest lot is proposed to be conveyed to the Township of Mahwah. It is to be left in its natural state except for ingress to the site for the purposes of installing a well or water facilities. There would be a restrictive covenant that would run to the benefit of the public that would not permit any development to occur on the lot.

None of the variance requests in the preliminary application have been changed for the two building lots. A request for a waiver for disturbance has been requested. They are changing the volume of cut.

Mr. Whitaker introduced Mr. Kennneth R. Scarlatelli, 5 Lorelei Terrace, Lodi, New Jersey who was sworn in. Mr. Scarlatelli previously submitted the Environmental Impact Statement and he is the author of the supplemental reports. Mr. Scarlatelli addressed two issues that were outstanding at the time the Environmental Impact Statement was originally written. The first being whether there is a threatened or endangered species or threatened or endangered species habitat on the site and the second issue was the need for a Phase I archeological investigation. The preliminary EIS revealed that the Grasshopper Sparrow was discovered in the vicinity of the site near Ramapo College. A Letter of Interpretation was issued by the DEP concluding that there was no threatened or endangered species habitat on the site. The preliminary database search for the original EIS revealed that there were historical artifacts about ½ miles from the site. Based on these facts the State Society of Historical Preservation recommended that a Phase I archeological investigation be done on the site. A Phase I archeological investigation was conducted and the results concluded that there were no significant archeological resources in the portion of the site to be disturbed.

A motion to open the meeting to the public was made by Mr. Trent and seconded by Ms. Solomon. All in favor.

Mr. Kelly advised that they have met with their engineer and that they have been advised that all outstanding drainage items can be addressed by the applicant and that they will meet and address all comments. Mr. Kelly stated that if the Board makes the approval subject to the approval of Boswell Engineering it would satisfy their requirements.


Bergen County Planning Board requirements were discussed regarding fill, cut and flood plain matters.

If there is going to be excavation on the proposed Township lot they will have to run that by administration to be sure there is no problem.

A motion to close the meeting to the public was made by Mr. Trent and seconded by Ms. Solomon. All in favor.

A motion to grant conditional approval was made by Mr. Trent and seconded by Mr. Paton. A roll call of members present revealed 6 yes votes by Mr. Brotherton, Mr. Muscarelle, Dr. Ross, Mr. Trent, Mr. Jandris and Ms. Solomon; 2 no votes by Mr. Dekramer and Mr. Paton. Ms. Omsberg recused herself.

VIII. WORK SESSION

A. MEETING DATES 7/02 TO 6/03

The meeting dates for the Planning Board for the period 7/02 to 6/03 were reviewed. All members were in agreement and no objections or revisions were noted.

B. COMMITTEE REPORTS

1. DKT. #402, R. KNIGHT, 2 WOODBURY, ELEV. CHANGE

The applicant requested an elevation change for the purpose of bringing in a sewer lateral. Mr. Kelly reviewed the plans and has okayed same.

A motion to approve was made by Mr. Muscarelle and seconded by Ms. Solomon. A roll call of members present revealed 8 yes votes by Mr. Brotherton, Mr. Muscarelle, Dr. Ross, Mr. Trent, Mr. Dekramer, Mr. Paton, Mr. Jandris and Ms. Solomon.

C. OLD/NEW BUSINESS

No old or new business.

IX. ADJOURNMENT

A motion to adjourn was made by Mr. Trent, seconded by Ms. Solomon at 11:10 P.M., all were in favor.



These minutes were prepared by Joan Mandle



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