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TOWNSHIP OF MAHWAH PLANNING BOARD
MINUTES
DECEMBER 2, 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, Mayor Martel, Dr. Ross, Mr. Trent, Mr. DeKramer, Mr. DaPuzzo (8:05), Mr. Jandris, Mr. Donigian (8:15).

ABSENT: Mr. Arbuckle, Ms. Omsberg

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

II. BILLS

None.

III. APPROVAL OF MINUTES

A motion to approve the minutes of the November 25, 2002 meeting was made by Mr. Trent and seconded by Mr. DeKramer. All in favor.

IV. RESOLUTIONS:

None

VI. OPEN TO THE PUBLIC

A motion to open the meeting to the public was made by Mr. Trent and seconded by Mr. DeKramer. 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.

VII. WORK SESSION:

A. DKT. #451, MACARTHUR RIDGE, LLC, INFORMAL DISC.

Gene Rotonda of Rotonda Engineering appeared. Mr. Rotonda prepared copies of the site plan and building elevations. There were changes to the original plan. The building is smaller. Parking spaces are now 10’ x 20’. There are two stories on the side by the strip mall and three stories on the side which faces Ridge Road. There is a conforming 6% grade around the side of the building. The building is 25,000 sq. ft. which is smaller than the last proposal. The applicant will submit a breakdown of office and retail space.

B. DKT. #420, MAHWAH LAND, FINAL MAJ. S/D

Barry Cohen, Esq. of Amster & Rosensweig the attorney for the applicant appeared. Mr. Cohen stated that they have addressed all the conditions with the exceptions of some of the agreements that need to be signed to the developer’s agreement and the RSIS exceptions. All of the conditions of the preliminary approval have been addressed. The applicant needs to deposit a sum for the cost of the sidewalks with the town. The final subdivision plan is identical to the one submitted for preliminary.

Boswell takes no exception to the granting of final subdivision approval on this application.

Mr. Scandariato stated it exceeds RSIS standards. The form of agreement has been finalized. The developer’s agreement will be signed this week. With these two exceptions the applicant is in compliance.

The applicant stated that it agrees to the comments of the Township engineer and Township attorney.

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

VIII. PUBLIC HEARINGS:

A. BD-216-239-314, 34 TUDOR ROSE TERR., SOIL, RIO VISTA

Mr. Kevin Simon, Mahwah, N.J. and Herbert Schlessinger, 29 Church Street, Ramsey, N.J. were sworn in. Mr. Schlessinger is the applicant’s engineer.

Notice was in order.

This application pertains to the last lot on Tudor Rose Terrace which consists of 2 acres.

The applicant proposes a cut of 1,000 c.y. of soil, fill of 2,365 c.y.

The applicant lives in Rio Vista. The house will be built for the applicant’s personal use.

Mr. Schlessinger stated that there were waivers granted for other houses on Tudor Rose Terrace for slopes of 2:1 and that they are following the same procedure on this application.

Boswell Engineering had additional comments regarding the slope issue. They need specifications prepared by the technical engineer and would like to see a copy of the specifications before construction and will require certification upon completion of construction that they were present during the installation of the slope and that it was stable.

Mr. Donigian stated that at the end of Tudor Rose Terrace there is an easement. The land owner wanted to vacate the easement. The driveway is in the right of way. Boswell Engineering stated that they are not aware of the easement being vacated.

The applicant is required to obtain Township Council approval or to move the driveway. The applicant stated that it is willing to move the driveway.

Mr. Scandariato stated that the conditions to approval will be a revised plan subject to engineer approval showing the relocated driveway and the applicant must clearly delineate the right of way.

56 trees will be removed and 14 trees planted. The applicant was advised that the dead trees should not be shaded on the plan.

A motion to open the meeting to the public was made by Mr. Trent and seconded by Mr. DeKramer. 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 was made by Mr. Trent and seconded by Mr. DeKramer. A roll call of members present revealed 9 yes votes by Mr. Brotherton, Mr. Muscarelle, Mayor Martel, Dr. Ross, Mr. Trent, Mr. DeKramer, Mr. DaPuzzo, Mr. Jandris and Mr. Donigian.

B. DKT. #440, VISTA BAHN MAJOR PREL. S/D

Bruce Whitaker, Esq. the attorney for the applicant appeared. This is a continuation of a prior public hearing.

At a prior meeting Mr. Schelssinger discussed drainage, sewer, water, road design, ingress/egress and the size of the lots.

Herb Schlessinger reviewed some of the suggested modifications made by Boswell Engineering and other departments. Mr. Schlessinger modified the plans on the basis of these suggestions.

The number of lots now being proposed is 24 instead of 25. The dual driveways have been eliminated. Each lot has its own separate water and sewer lines. Mr. Schlessinger stated that there are no walls on the plan which exceed 6 ft.

Mr. Schlessinger stated that it was necessary to remove one lot in order to have adequate room to place the driveways at proper grades to have retaining walls no greater than 6 ft. in height and still have the driveways on the individual lots.

The Township received the plans on Monday, November 25, 2002 and Boswell Engineering stated that there was not time to prepare a complete report.

Kasler Associates only received the plans in the mail on Wednesday and have to review same.

Boswell Engineering had reviewed the changes made in Herbert Schlessinger’s letter which was with the submission as they pertain to the reconfiguration of lots and the retaining wall heights. Mr. Kelly stated that there are a number of occasions where the plans show walls greater than 6 ft.

Lot 2 - 7-1/2 ft.
Lot 7 - 10-1/2 ft.
Lot 8 - 8 ft.
Lot 10 - 8-1.2 ft.
Lot 11 - 12 ft.
Lot 14 - 12 ft. and 10 ft.
Lot 16 - 11 ft. and 8 ft.
Lot 21 - 8 ft.
Lot 24 - 7 ft.

Mr. Schlessinger stated that there will be no wall over 6 ft. The revisions will be submitted to Boswell Engineering for review.

Mr. Kelly requested that soil calculations for individual lots be provided.

Herbert Schlessinger was asked to limit his discussion to exactly what the engineer has reviewed.

Mr. Schlessinger stated that Malcolm Pirnie will look into water and sewer service to each lot.

Driveways are now 14 ft. wide and bends are 20 ft. wide. Mr. Schlessinger stated that the driveway specifications are in accordance with what the Fire Code Official requested. Mr. Schlessinger stated that the Fire Code Official was requested to remark a hydrant and send it back to Mr. Schlessinger.

Mr. Kelly stated that the Town needs to see soil calculations for the roadways, the quantities and cross sections. Mr. Schlessinger stated that he will submit the soil applications when he gets the go-ahead from the developer.

It has not yet been determined whether one developer will develop all the lots or whether individual lot owners will.

Boswell Engineering has reviewed the drainage and the applicant indicated that they could meet the drainage comments and will make a resubmission.

The applicant stated that there will be a grading slot cut through for the roadway and trees will need to be removed. Mr. Whitaker suggested that approval be given subject to all trees outside the roadway having to be counted as part of the replacement program. Trees outside the 50 ft. wide right of way should be replaced. Trees within the private roadway are not exempt.

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

Mr. Greene of Sun Valley Farm questioned site slope plans. Mr. Schlessinger stated that on August 29, 2002, he submitted plans to Kasler indicating site slopes less than 15% and greater than 15%.

Mr. Greene stated that the Historic Preservation Commission meeting in October did not mention the four structures on the property and the survey does not show the structures.

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

This matter was carried to the meeting of December 16, 2002.

VIII. WORK SESSION:

A. COMMITTEE REPORTS

1. T/A 02-20, CASTLE WINDOWS, 18 INDUSTRIAL AVENUE

This is an existing structure. The tenant is renting 2,400 sq. ft. to store doors and windows. There are ten (10) parking spaces.

A motion to approve was made by Mr. DeKramer and seconded by Mr. Jandris. A roll call of members present revealed 9 yes votes by Mr. Brotherton, Mr. Muscarelle, Mayor Martel, Dr. Ross, Mr. Trent, Mr. DeKramer, Mr. DaPuzzo, Mr. Jandris and Mr. Donigian.

B. OLD/NEW BUSINESS

1. CORRESPONDENCE FOR YOUR INFORMATION

The Steep Slope Ordinance was discussed.

IX. ADJOURNMENT

A motion to adjourn the meeting was made by Mr. Brotherton and seconded by Mr. DeKramer. All in favor.

The meeting was adjourned at 9:30 P.M.






These minutes were prepared by Joan Mandle



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