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TOWNSHIP OF MAHWAH PLANNING BOARD
MINUTES
JULY 22, 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. Arbuckle, Mr. Brotherton, Mayor Martel, Mr. DaPuzzo (9:20 pm), Dr. Ross, Mr. Trent, Mr. DeKramer, Mr. Donigian (8:10 pm), Mr. Jandris and Ms. Solomon.

ABSENT: Mr. Muscarelle

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

II. BILLS

7/1/2002 Kasler Associates, P.A. $350.00

A motion to approve the bills was made by Mr. Trent and seconded by Mr. DeKramer. All in favor.

III. APPROVAL OF MINUTES OF 7/8/02

A motion was made by Mayor Martel and seconded by Mr. DeKramer to approve the minutes of the Reorganization Meeting of July 8, 2002 with no revisions or corrections. All in favor.

A motion was made by Mayor Martel and seconded by Mr. DeKramer to approve the minutes of the Public Meeting / Work Session of July 8, 2002 with no revisions or corrections. All in favor.

IV. RESOLUTIONS

A. Dkt. #392, CREMAR, RE-AFFIRMATION OF S/D APPROVAL

This subdivision was approved by the Planning Board in 1999. Subdivision Deeds were prepared and signed by the Board but were never recorded. In accordance with stature, the deeds must be filed within 190 days of the date of the resolution. Mr. Whitaker requested that the subdivision be reaffirmed so that the maps can be filed.

A motion to reaffirm was made by Mayor Martel and seconded by Mr. Trent. A motion to waive the reading of the resolution was made by Mr. Brotherton and seconded by Mayor Martel. A roll call of members present revealed 7 yes votes by Mr. Brotherton, Mayor Martel, Dr. Ross, Mr.Trent, Mr. DeKramer, Mr. Jandris and Ms. Solomon. Mr. Arbuckle abstained.

B. T/A02-2021, STELLA, 280 RT. 17 SO., DENIAL, FROM 7/8 MEETING

A motion to accept the resolution of denial was made by Mr. Trent and seconded by Mr. DeKramer. A motion to waive the reading of the resolution was made by Mr. Brotherton and seconded by Mr. Trent. A roll call of members present revealed 7 yes votes by Mr. Brotherton, Mayor Martel, Dr. Ross, Mr. Trent, Mr. DeKramer, Mr. Jandris and Ms. Solomon. Mr. Arbuckle abstained.

C. DKT. #434, HOME DEPOT, RT. 17 NO., FROM 6/24 MTG.

Mr. Scandariato stated that he made some changes to the resolution:

Page 6, paragraph C next to the last line “prospective” should be “perspective”;
There were two Paragraph 12. The paragraphs have been renumbered. Page 8, Paragraph 2A the words “exclusive of the areas devoted to cart corrals” were added after the words “550 parking spaces”. Paragraph 5, June 24, 2002 was not the date of the applicant’s report but was the date of the applicant’s attorney outline of what happened at the meeting. Paragraph 13 will include the language outdoor storage and display and seasonal sales area. Page 5 will include the wording “panels”

A motion to approve the resolution with these corrections was made by Mr. Trent and seconded by Ms. Solomon. A motion to waive the reading was made by Mr. Brotherton and seconded by Mr. Trent. A roll call of members present revealed 7 yes votes by Mr. Brotherton, Mayor Martel, Dr. Ross, Mr. Trent, Mr. DeKramer, Mr. Jandris and Ms. Solomon. Mr. Arbuckle abstained.

V. OPEN TO THE PUBLIC

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

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

VI. PUBLIC HEARINGS

A. BD-216-239-336, 38 WALSH DRIVE.

Howard Bratt, Esq. with offices in Rochelle Park introduced himself. He represents Mr. Harry Fredericks with respect to his application for soil movement at 38 Walsh Drive. Notice was in order.

Gary Paparozzi of Lodi and Harry Fredericks of 17 Corabelle Avenue, Lodi were sworn in.

The applicant proposes more than 1,000 c.y. of soil movement. The Police Chief has reviewed and approved the route of travel for disposal of the soil.

Boswell has reviewed the application. The applicant proposes slopes of 1:1 on top of the retaining wall. Boswell recommends that they remove the boulder wall at least 8 ft. from the house in accordance with BOCA. This should help to get rid of some of the steep slopes. Boswell recommended that they request a waiver from 1:4 to nothing in excess of 1:3 slopes.

They are removing 40 trees and propose 12 replacement trees.

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

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

A motion to grant conditional approval with a waiver of slopes of 1:3 and the replacement of 12 replacement trees was made by Mr. Trent and seconded by Mr. Brotherton. A roll call of members present revealed 9 yes votes by Mr. Arbuckle, Mr. Brotherton, Mayor Martel, Dr. Ross, Mr. Trent, Mr. DeKramer, Mr. Jandris, Ms. Solomon and Mr. Donigian.


B. DKT. #435, GABRELIAN, SITE PLAN

Raymond Roe, Township of Mahwah Emergency Services, Sgt. Robert Sinaeve, Mahwah Police Department, Kenneth Newman, Van Cleef Engineering Associates were sworn in. Mr. Roe stated that they still had some concerns with regard to the route and size of the water main. There is a water line which runs along the west side of the site which meets the development at the end of Myrtle Avenue and also the one out to MacArthur Blvd. He expressed concern with the size of the water main with regard to the water flow required in the event of a fire. Mr. Basralian stated that the applicant’s engineer is working with the Township’s Water Consultant as to the route and size of the water main and that these matters will be satisfied. Mr. Roe stated that clearance at the loading dock should not be a problem.

Mr. Basralian referred to Exhibit G1 and requested that the distances at the loading dock be discussed. Mr. Lapatka prepared plans. When the largest truck is parked at the loading dock there is still 41 feet of clearance before encroachment on the aisle. This exceeds the 24 ft. requirement.

Sgt. Sinaeve stated that he met with the applicant and representatives from Boswell Engineering and that one of the concerns was the 30 ft. wide driveway at MacArthur Blvd. The applicant agreed, in theory, that they would widen the driveway to 40 ft. and provide the widened center striping to better separate traffic. Another issue was that the applicant be required to provide sidewalks along MacArthur Blvd. Another concern was the capability of the intersection to handle the traffic from this project.

A Ramsey resident asked that there be no right hand turn permitted onto North Central. Sgt. Sinaeve stated that this would be based on a safety need.

It was requested that the applicant point out where the existing traffic light and the proposed traffic light is going to be. The distance between the first light and the second light is approximately 450 ft to 500 ft. Discussion took place regarding moving the entrance to the west.

Mr. Newman is a traffic and transportation engineer of Van Cleef Engineering. Mr. Newman was accepted by the Board as an expert witness. Mr. Newman prepared the traffic impact study dated February 25, 2002 and a supplemental traffic impact memorandum dated May 30, 2002. The February 25, 2002 report was submitted to NJDOT. Mr. Newman met with NJDOT in connection with this application. In preparation for the study Van Cleef Engineering conducted peak period traffic counts at three intersections; Island Road and Macarthur Boulevard, Macarthur Boulevard and North Central and at the request of Boswell Engineering Macarthur Boulevard and Ridge Road. The purpose of the supplemental memorandum was to add the Home Depot traffic surcharges which were not included in the original report.

Mr. Newman stated that the data collection shows a directional pattern. In the morning it is heavy in the westbound direction but not inconsequential in the east bound direction. The reverse is true in the afternoon. There is a heavy east bound flow towards Route 17. There is little demand on Macarthur and North Central.

Mr. Newman discussed his methodology in determining trip generation. Mr. Newman stated he used a more conservative approach than the ITT standards. He estimated his trip generations based on 100% office use rather than light industrial use. With the more conservative approach he estimates that during the morning peak hours the site will attract 386 vehicles with 52 vehicles departing. During the afternoon peak hours there will be 58 entering vehicles and 366 departing. He evaluated the directional assignment. 70% of the site’s peak hour traffic will be oriented from Route 17 S. and Route 17 N. and some from Island Road; 20% from Macarthur Blvd. from the west and10% would be oriented to and from the south. He used the 2000 Highway Capacity Manual that provides a formula for volume to capacity ratio which is the ability of an intersection to handle a given number of cars.

In the morning there are about 1300 vehicles coming north on Route 17 that come up the ramp and make a left turn onto Macarthur Blvd. This intersection is at capacity now. In the morning peak hour he estimates this site will add 154 north bound left turns and Home Depot would be adding about 68 left turns. There were discussions with the DOT concerning this matter. Mr Newman is recommending a traffic signal at the Macarthur Blvd. access. This would stop only east bound traffic on Macarthur Blvd. This would allow site traffic to make a left turn in and a right turn out. They will never be stopping westbound through traffic.

The site plan shows about 150 feet of a left turn and then transitions back to the existing island at the opening to Frost King. At the recommendation of Sgt. Sinaeve and Boswell Engineering the left hand turn will be lengthened giving about 220 ft. which will allow for the stacking of between 10 and 11 cars every 90 seconds.

At their meeting in December Van Cleef Engineering and the NJDOT discussed two issues. The first issue is how to help the signal light at the intersection. One of the suggestions was a double left hand movement. This work would be at the sole expense of the applicant. The dedication of a part of the applicant’s property for a right hand turn lane on North Central Avenue was discussed. The applicant will dedicate the property and construct a lane at it sole expense if approved by NJDOT. At the meeting, NJDOT stated they would have an answer on these two issues by mid-August. Mr. Newman stated that NJDOT’s initial reaction was not “overjoy”. These two intersections are under the direct jurisdiction of the NJDOT.

Sgt. Sinaeve stated that he has his reservations concerning Van Cleef’s analysis.

If NJDOT does not agree with the applicant’s proposal for the two improvements the current situation will deteriorate. The applicant’s design team will have to redesign. Alternatives were discussed.

This matter was continued to August 26, 2002.

C. DKT. #438, MARCHESI, SPLIT ROCK ROAD

This matter was carried to 8/12/02.

D. DKT. #443, HAWKS NEST, DEERHAVEN, S/D & SOIL

James Jaworski, Esq. appeared on behalf of the applicant, Hawks Nest. Mr. Scott Baxter is the principal of Hawks Nest. Block 1, Lot 152 is 34 + acres. Block 24 Lot 1 is 9+ acres all of which is in the C200 zone. They propose resubdivision of the existing lots into two different lots with the new Lot 152 to be a single family lot of approximately 8.8 acres on which there would be a guest house of approx. 2000 sq. ft. the guests would probably be the parents of Mr. Scott Baxter. There is no present intention to market the guest house property. The second lot which is Lot 1 would be for the principal residence of Mr. Baxter. He will also keep animals on the lot. The necessity of this application is for two separate lots for two separate buildings so as to avoid an accessory use.

The applicant is requesting a variance for a retaining wall of maximum of 10 ft.
and a slope variance of 1:3.

The applicant has its wavier from the Bergen County Soil Conservation District. They have obtained Environmental Impact Statements that should be available for submission by the middle of the week.

Setbacks were discussed. The main access of the dwellings would be off of Midvale Mountain Road. The applicant is aware that Midvale Mountain Road is not maintained by the town and snowplowing is maintained by the homeowners. The applicant stated that they will accept a conditional approval to the resolution and that there is no commercial component to this application.

The applicant was advised that it could do its own breeding but could not breed for commercial use.

William Taft, Plainfield, NJ was sworn in he is the applicant’s architect. Mr. Taft was accepted as an expert witness by the Board. There are three renderings. A-1 is a rendering of the house which has 6 bedroom. It has approximately 9,500 sq. ft. of living space, two floors and a stone veneer facing. A-2 is the rendering of the second home. It has approx. 2,000 sq. ft., stone facing, slate roof, same cottage architecture and has two bedrooms. A-3 is the stable which is designed for 12 horses, has a tack room and feed room. The second floor will be used for additional storage and will have a bathroom. There will be an indoor riding arena with a dirt floor for exercising the horses during bad weather. The stable will be similar in structure to the house. It will have a stone facing and slate roof. The main house is about 28 ft. in height, the barn 24 ft., arena 22 ft. and the small guest house 18 ft. in height.

Richard Ridicci, 41 Grand Avenue, Woodridge was sworn in and was qualified as a professional engineer. Mr. Ridicci is the applicant’s engineer. He prepared a 24 sheet set of plans. He displayed the relocation of the lot line. An 8 acre piece of the property was transferred from the north end of the property to the south end of the property to accommodate the guest house. They reversed the bigger lot to accommodate the riding arena the stable and the main house.

They are requesting variances for lot width, lot frontage and street frontage on Deerhaven Road.

They are requesting waivers for slopes of 1:3 and retaining wall height.

The applicant will have no problem maintaining a 20% disturbance.
Emergency services access was discussed and the applicant will supply the Board with the report.

The soil that is being imported will be from a site in Westwood and the applicant is aware that the soil will have to be tested.

Elizabeth C. McKenzie, 9 Main Street, Flemington, NJ. is a licensed professional planner and was sworn in and qualified as a professional planner. Ms. McKenzie stated that by having a driveway crossing through the site they open up, in an emergency situation, the opportunity for people to be able to utilize the
Glen Gray Road Bridge if the Cleveland Bridge is out of commission. Ms. McKenzie was asked if there would be dedicated access easements for the purposes of emeregency access and Ms. McKenzie did not feel that that would be an unreasonable request.

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

Margarite Nastase of 135 Deerhaven Road and a member of the Deerhaven Association she stated that at the Association’s Fall meeting the applicant’s plans were very well received and everyone thought that it would maintain the beauty of the area they live in. The only issue raised was regarding emergency vehicles and other than that there was a unanimous vote of yes.

George McDonnell questioned whether the wetlands were being preserved. He was advised that it would show up in the Environmental Impact Statement and they should be submitting this report to the Board by next Friday.

A motion to close the meeting to the public was made by Mr. Trent and seconded by Mr. Arbuckle.

This matter was continued to August 12, 2002.

VII. WORK SESSION

Another meeting was scheduled for August 5, 2002 at 7:30 P.M. for the reexamination of the zoning ordinance.

A. COMMITTEE REPORTS

B. OLD/NEW BUSINESS

VIII. ADJOURNMENT

A motion to adjourn the meeting was made at 11:25 P.M. by Mr. Arbuckle and seconded by Mr. Trent. All in favor.


These minutes were prepared by Joan Mandle



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