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TOWNSHIP OF MAHWAH PLANNING BOARD
MINUTES
SEPTEMBER 9, 2002 (Rev.)


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, Mayor Martel, Ms. Omsberg, Dr. Ross, Mr. Trent, Mr. DeKramer, Mr. Da Puzzo, Mr. Jandris and Mr. Donigian.

ABSENT: Mr. Arbuckle.

PROFESSIONALS: Peter Ten Kate, P.E., Michael Kelly, P.E., Malcolm Kasler, P.P., Peter Scandariato, Esq.

II. BILLS

9/5/2002 Arturi, D’Argenio & Guaglardi, LLP $800.00
9/5/2002 Arturi, D’Argenio & Guaglardi, LLP $348.00
8/28/2002 Peter A. Scandariato $200.00

A motion was made by Ms. Omsberg and seconded by Mr. DeKramer to appove the bills. All in favor.

III. APPROVAL OF MINUTES OF 8/12/2002 and 8/26/2002

A motion was made by Mr. Brotherton and seconded by Mr. Trent to approve the minutes of the Public Meeting / Work Session of August 12, 2002 with no revisions or corrections. All in favor.

A motion was made by Mr. Trent and seconded by Mr. DeKramer to approve the minutes of the Public Meeting / Work Session of August 26, 2002 with no revisions or corrections. All in favor

IV. RESOLUTIONS

None

V. WORK SESSION

A. BD-216-239-337, WINHOFFER, 122 SEMINARY DR., TREE REMOVAL
AND SOIL APPL.

Lionel J. Franks, Esq. introduced himself. He is representing Dr. Winhoffer on his application. Dr. Winhoffer is the owner of Lot 1, Block 23.02, 122 Seminary Dr., Rio Vista. They had appeared before the Township Council and the Council concluded that the application should be heard by the Planning Board. This was an exempt soil application because it was only about 30 c.y.

This application is to remove 7 trees. One of the seven trees has already been removed. They are relying on the Soil Erosion Control Sediment Control Plan prepared by Herb Schlessinger dated June 6, 2002.

The applicant wants to construct a lawned area for childrens recreation. They would like to construct a berm and place trees on top of the berm along Rt. #202.

The Township’s Tree Ordinance was discussed with regard to removal of the trees and the summons of John Lane. DEP stream encroachment approvals and possibly Bergen County Soil Conservation approval may be required. The area of disturbance does not encroach on the wetlands line.

The applicant wants to clear an area of 7,000 sq. ft. The total soil movement is 31 yards. The total import is 11 yards.

A motion to grant conditional approval was made by Mr. Brotherton and seconded by Mr. Trent. A roll call of members present revealed 8 yes votes by Mr. Brotherton, Mr. Muscarelle, Dr. Ross, Mr. Trent, Mr. DeKramer, Mr. DaPuzzo, Mr. Jandris and Mr. Donigian and 1 no vote by Mayor Martel.




VI. OPEN TO THE PUBLIC

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

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

VII. PUBLIC HEARINGS:

A. DKT. #440, VISTA BAHN, RAMAPO VALLEY RD. MAJ.S/D

Bruce Whitaker, Esq., of McDonnell & Whitaker introduced himself. He respresents the applicant Mr. Borra. The applicant is seeking preliminary subdivision approval and waiver and variance approval in connection with the development of Lots 53, 54 and 55 in Block 23. This is approximately 50 acres and is located off Route 202 and is in the R-80 zone. Notice was in order. This is for a 25 lot subdivision for single family residences. The plans were prepared by Conklin Associates (Herb Schlessinger). They want to remove the one existing house on the property and construct the improvements that are required.

The stipulations regarding the Homeowner’s Association are that the Association will be maintaining the private roadways and certain of the wall systems which are being proposed. The Association will be responsible for all snow removal on the private roadways as well as the private driveways. There will be easements created for this control by the Association and there will be easements generated for certain common driveways. They propose an easement for the Winter’s Home (historic). There are a number of variances and waivers requested.

William Borra, the developer was sworn in. Mr. Borra is the president of Barrett Homes and is the contract purchaser. The Homeowners Association would be the same type as that for Rio Vista, however, it will not have the swimming pool or club house.

Herbert Schlessinger of Conklin Associates was sworn in and qualified as an expert witness. He is the applicant’s engineer. He has prepared the plans which have been submitted in connection with this application. He reviewed the report of Boswell McClave and made revisions to the plans. The plans before the Board are dated August 29, 2002.

There is approximately 3,600 ft. of road coverage along Rt. #202. The northerly and southerly ends of the property are relatively flat. It is the center band where the grades are the steepest. There is a wetland located to the north. The site has been investigated by the DEP and an LOI issued. There is a 50 ft. buffer requirement. There are a number of drainage points in Route 202.

A continuous road network was discussed. There is a roadway to the north standard 28 ft. roadway, 250 ft. cul-de-sac. Roadway #2 to the south is the same and would be dedicated to the Township. There is a connecting, private Roadway #3.

There is a wall which has to be built next to the right-of-way line of the county for a line of sight visibility.

The walls would be stucco block. The walls will not be over 6 ft.

Every driveway will be under the responsibility of the homeowner’s association for snow removal and lighting.

Private roadways, common driveways were discussed as it pertains to maintenance, emergency access, parking, signage and enforcement.

The private roads will be owned and maintained by the Association.

Each individual lot will have its own booster system it will be a common force main system. It will go into the Rio Vista pump station. There is a valve system at the curb that shuts off. Each homeowner will have the maintenance of the line going down to the cleanout and from there it would be the town’s responsibility.

Individual driveway widths are intended to be 12 ft. The applicant will review driveway width and emergency vehicles with Gary Montroy and Ray Roe.

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

Mr. Greene introduced himself and was advised to hold the questions regarding drainage until the next meeting.

George Surgeon, 888 Ramapo Valley Road introduced himself and requested information from Mr. Schlessinger regarding sunlight factor in the development of the property and road safety.

Ms. Mertz of 3 Marion Drive introduced herself. She was advised that there is approximately 16 ft. from her property line to the roadway. The question as to how many roads can surround your property was raised and will be reviewed.

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

This matter was continued to October 14, 2002

B. DKT. #438, MARCHESI, SPLIT ROCK RD.

Bruce Whitaker, Esq. attorney for the applicant introduced himself. This meeting was continued from a previous meeting. Mr. Whitaker stated that there was a legal issue on this matter and requested that Mr. Scandariato address this issue.

Mr. Scandariato stated that he does not believe that they are obligated to grant the subdivsion Undersized lots are Board of Adjustment issues.

A motion to deny the subdivision application was made by Mr. Trent and seconded by Mr. DaPuzzo. A roll call of members present revealed 6 yes votes by Mr. Brotherton, Mr. Muscarelli, Mr. Trent, Mr. DaPuzzo, Mr. Jandris and Mr. Donigian and 3 no votes by Mayor Martel, Dr. Ross and Mr. DeKramer.

C. DKT. #441-A, FRANKLIN TPK. CONST., BL. 104, LOTS 25, 26 & 83

Thomas Van Dam, Esq., attorney for the applicant introduced himself. Notice was in order. This is an application to divide lot 83. They have included lots 25 and 26 because there are several portions of the lot they wish to subdivide with the adjoining property. This is a five lot subdivision.

Peter Montalbano, 503 North Franklin Turnpike, Ramsey was sworn in. He is the contract purchaser and applicant in this matter. They will be putting in a small cul-de-sac with four lots on that and one lot on the main road. The size of the house will be approximately 3,000 to 3,800 ft. The sales price will be in excess of $600,000.00.

Herb Schlessinger, 29 Church Street, Ramsey, New Jersey was sworn in and accepted as an expert. He stated that the property grades from the east downwards from Franklin Turnpike. They will be extending a cul-de-sac for the four lots. There are two areas of wetlands. They have an LOI from Trenton. They will be filling one area. The one closest to Franklin Turnpike is not an isolated wetland and is required to have a 50 ft. buffer. There is an existing sanitary sewer which runs down the northerly property line. They will tie into this line. There is a detention basin on Lot 83.02. There will be potable water. The detention basin was designed for this site and another property of the applicant. Presently it is overland flow. They will pipe it to the detention basin and then it will go overland to the wetland and then to the pipe system in Franklin Turnpike.

The report of Boswell notes two depth variances are required.

The cul-de-sac meets Township standards. They are adding approximately 235 ft. from the end of the cul-de-sac to the property line.

There will be curbs and new underground wiring.

Soil movement application includes all the houses. There will be a cut of 5,600 c.y., a fill of 1,300+ c.y. and an export of approximately 4,300 c.y.

All of the retaining walls indicated on the project are of the local wall type. There aren’t any boulder walls or block walls. They will be on a lot by lot basis.

There will be 115 trees removed. They will replace 6 trees per lot.

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

Mr. Perini, 2 Rock Ridge Road, Lot 81, Block 42. He is the owner of the detention basin. He questioned how the number of trees taken down will affect his yard and the water that will be forced down. Mr. Schlessinger stated that he does not think it will affect his property at all. The applicant will have to make provisions that no additional surface runoff is directed from this site onto adjoining properties. They will have to provide swales to prevent stormwater runoff. The improved lot coverage is 21.3% and the permitted is 40%, this includes the street.

Tom Credele, 9 Wagon Trail introduced himself. He was advised that the next application was being held off for a future date.

Gene Banas, Lot 81 on Rock Ridge had a concern regarding his property value. When he purchased his house he was told that the applicant’s property was wetlands and that it would never be built on.

The headlights coming in the cul-de-sac was discussed and Mr. Schlessinger will look into the problem and see what can be done.

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

This matter was continued to October 28, 2002.

D. DKT. #445, FRANKLIN TPK. CONST., BL. 105.01, LOT 90

This matter was carried to October 28, 2002.

VIII. WORK SESSION

A. COMMITTEE REPORTS

1. T/A 02-2027, AMOROSSO, 160 FRANKLIN TPK.

This tenant application is for retail aroma therapy, linens, candles, oils, etc..

A motion to grant approval was made by Mr. Muscarelle and seconded by Mr. DeKramer. A roll call of members present revealed 10 yes votes by Mr. Brotherton, Mr. Muscarelle, Mayor Martel, Ms. Omsberg, Dr. Ross, Mr. Trent, Mr. DeKramer, Mr. DaPuzzo, Mr. Jandris and Mr. Donigian.

B. OLD/NEW BUSINESS

IX. ADJOURNMENT

A motion to adjourn the meeting was made at 11:35 P.M. by Mayor Martel and seconded by Mr. Trent. All in favor.


These minutes were prepared by Joan Mandle



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