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TOWNSHIP OF MAHWAH PLANNING BOARD
MINUTES
FEBRUARY 24, 2003


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, Dr. Ross, Mr. Trent, Mr. DaPuzzo, Mr. Donigian, Mr. Jandris, Mr. Lamster.

ABSENT: Mr. Muscarelle, Mayor Martel, Mr. DeKramer, Mr. Crean.

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

II. APPROVAL OF BILLS

2/4/2003 #1200316 Kasler Associates, PA $175.00
2/4/2003 #1200317 Kasler Associates, PA $800.00

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

A revised motion to approve Invoice #1200316 and to hold payment on Invoice #1200317 was made by Mr. Trent and seconded by Mr. Brotherton. All in favor.

III. APPROVAL OF MINUTES

A motion to approve the minutes of the February 10, 2003 meeting with no revisions was made by Mr. Brotherton and seconded by Mr. Trent. All in favor.

IV. RESOLUTIONS:

A. DKT. #452, FRASCO HOMES, INC., FROM 2/10 MTG.

A motion to approve the resolution with the following revisions was made by Mr. Trent and seconded by Mr. Brotherton. 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 six (6) yes votes by Mr. Brotherton, Dr. Ross, Mr. Trent, Mr. DaPuzzo, Mr. Donigian and Mr. Lamster. Mr. Jandris abstained.

Page 1, #2, last sentence should read: “The dwelling, driveway, greenhouse and four (4) sheds are proposed to be removed.”

Page 2, 4b – add: a waiver for location of streets and streams within 400 feet and a waiver for the billboard sign on the vacant piece of property.

B. DKT. #376F, DANZA, FINAL S/D, FROM 2/10 MTG.

A motion to approve the resolution was made by Mr. Trent and seconded by Mr. Brotherton. 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 six (6) yes votes by Mr. Brotherton, Dr. Ross, Mr. Trent, Mr. DaPuzzo, Mr. Donigian and Mr. Lamster. Mr. Jandris abstained.

V. OPEN TO THE PUBLIC

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

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

VI. PUBLIC HEARINGS:

A. BD-216-239-346, 72 BRAMSHILL, SOIL

James Jaworski, Esq., the attorney for the applicant, Wells/Fowler, L.L.C. introduced himself. Tibor Latincsics of Conklin Associates was sworn in. Mr. Latincsics gave a summary of the application. He displayed the plot plan for Lot 20, Block 21.07 also known as 72 Bramshill Drive. The applicant proposes a single family residence with driveway and garage.

The applicant will have 899 c.y. import. It has not been determined where the soil will be coming from. The applicant is aware that if the soil comes from outside the site it will have to be tested.

There will be 42 trees removed. Two of the trees are already dead. There will be 10 replacement trees. This is consistent with the 1 to 4 ratio.

There is a 35 ft. wide drainage easement cutting diagonally across the property. The applicant is requesting a waiver for slopes of 1:4 at the driveway entrance and side slope. They have reviewed the correspondence of Boswell Engineering dated February 4, 2003 and are in agreement and will comply with the recommendations of Boswell Engineering.

The impervious coverage is roughly 10,000 sq. ft. The applicant will have to install seepage pits and the applicant has stated that they will comply.

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

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

A motion to grant conditional approval was made by Mr. DaPuzzo and seconded by Mr. Trent. A roll call of members present revealed seven (7) yes votes by Mr. Brotherton, Dr. Ross, Mr. Trent, Mr. DaPuzzo, Mr. Jandris, Mr. Donigian and Mr. Lamster.

B. DKT. #450, OMNIPOINT, 82 MC KEE DR.

This matter was carried to the meeting of March 24, 2003.

C. DKT. #453, MUTCHLER, 645 WYCKOFF AVE., S/D

No appearance.

D. DKT. #454, LIBERTY HYUNDAI, RT. 17 NO., SITE PLAN

Notice was in order.

Thomas Dunn, Esq. of Beattie Padovano appeared on behalf of the applicant. The applicant is requesting preliminary site plan approval with waivers and

variances and soil movment approval for Block 63, Lot 10.02. The property is located in the B-40 zone and a small portion of the property is located in the R-10 zone. The portion located in the R-10 zone is deed restricted against any development. The applicant does not propose any development in the R-10 zone.

Waivers are required for parking space size, loading space, grades across Route 17, no disturbance within 25 ft. of buffer zone from residential lot line, topography within 200 ft. of site.

Variances are required for number of signs and sign letter height. The application has been filed with the DEP to advise of a different use. They have filed with the NJDOT for a highway access permit. A Bergen County Soil Conservation application is in the process.

Mr. Richard DaSilva, Managing Member of Liberty Hundai, L.L.C., 525 Campgaw Road, Mahwah, was sworn in. He stated that the applicant proposes an automobile dealership for sales and service of new vehicles. Their hours of operation will be 7:30 A.M. to 9:00 P.M. Monday through Friday, 9:00 A.M. to 6:00 P.M. Saturday, closed Sunday. The footprint is 12,155 sq. ft. The Service Department will be approximately 5,000 sq. ft. New car showroom, offices and Parts Department take up the remaining 7,155 sq. ft. The second floor is for parts storage. They anticipate 20 - 22 employees all working on one shift. The cars will be delivered during day time hours. Parts are delivered at night. On a daily basis they anticipate approximately 40 cars for service. They anticipate 40-50 new and used cars on the lot.

David Halls, 9 Post Road, Suite M11, Oakland, NJ was sworn in and accepted. He is a licensed professional planner and engineer. He stated that the size of the building is 12,155 sq. ft. The second floor is 7,150 sq. ft. for a total floor area of 19,305 sq. ft. There will be 10 service bays. The ordinance requires 4 parking spaces for every service bay. The applicant proposes (50 spaces). There will be one space per employee in service (10 spaces). Ordinance requires one space for every 175 sq. ft. in sales (41 spaces). The second floor which is used for office requires one space for every 250 sq. ft. (29 spaces). Total of 120 parking spaces required. They are proposing 121 parking spaces and 5 handicapped spaces.

Mr. Halls prepared the preliminary site plan, revised 2/5/2003. This was marked Exhibit A-1. The Architectural Plans were marked Exhibit A-2. Mr. Halls discussed the Lighting and Landscaping Plan for this property. The plan highlights the existing wetlands line on the north bound side of Route 17. The proposed building will be 187 ft. in length and 65 ft. in width. The site sits 6 ft. to 7 ft. below the highway. They intend to fill the site to bring it up. There will be one driveway to enter into and out of the site. The entrance and exit will be on Rt. 17. There will be no access to Island Road. There will be parking in the front, rear and side yard and a dumpster in the southeasterly corner of the site. Sanitary sewer, water and gas will be brought in from Moffatt Road. They will pump sewage from the building. Heat will be gas. There will be seepage pits and in the front of the building will be an underground detention system.

Retaining walls are required because they are raising the elevation. The right hand side of the property will require a 4 ft. 6 in. retaining wall. At the wetlands property line there will be a 3 ft. retaining wall.

They will import 7,360 c.y. of soil.

The applicant proposes removal of 7 trees in the buffer between the B-40 zone and R-10 zone. They will elevate the ground and plant a double row of evergreens, 72 white pines, 77 Norwood spruces and install 5 deciduous trees.

This matter was carried to the meeting of March 10, 2003.

E. DKT. #433A, PRESTIGE MINI, SITE PLAN

James Jaworski, Esq. appeared on behalf of the applicant. This matter was carried from the meeting of January 27, 2003.

They have removed the sign on the south side of the building and put it over the front door. They have relocated the display box a few feet to the south. However the setback still requires a variance. It is set back 50 ft., Code requires 66 ft. They stated that there are no site triangle issues. They have lowered the height of the post poles along the front. There is now a flag pole on the site plan.

Mr. Andrew Missey, 12 Route 17 N., Paramus, NJ was previously qualified and sworn in. Mr. Missey discussed Exhibit A-4, “Site plan for Prestige Mini, Block 63, Lot 7 in the Township of Mahwah”, initial issue date September 17, 2002 revised February 7, 2003. Four items were discussed. (1) mini logo over main entrance; (2) pylon sign at front; (3) display box and (4) fuel tank at the north side of the building.

They show four additional free standing light fixtures along Route 17 frontage. They have added the truck turning radii to the plan. They have indicated the elimination of the present mini logo sign over the south entrance and added traffic control signage in three locations.

The applicant has amended its lighting proposal. Initially they proposed four 20 ft. fixtures of 1,000 watts each. They have changed to four 15 ft. fixtures of 400 watts. The style is a shoebox style fixture. It limits the light spillage into the right of way; it is effective at lighting the display area; it is more in scale with the area, the product and pedestrian activity. The foot candle level on site remains over 4. Ordinance requires 1.5. The applicant is requesting a waiver.

Sheet 2 of the plans “Lighting Plan” was marked Exhibit A-5. The applicant will check into whether putting shields on the light will eliminate the need for a waiver. The lights are turned off at approximately 8:00 P.M.

The letter of Boswell Engineering dated February 19, 2003 requested that the applicant provide the supplemental information required regarding the foundation and construction details. The applicant will furnish same well in advance of construction for Boswell’s approval.

The Board would like to see the lighting level brought down and requested that the applicant come back with a lighting plan that can be approved. Boswell will review the applicant’s revised lighting plan. If the applicant cannot meet the lighting level they must come back before the Board.

The proposed fuel tank is located on top of a gas line and will need to be approved by the Building Department and with regard to the fire code. The catch basin is about 120 ft. from the fuel tank.

Mr. Jaworski requested that this application be bifurcated and that the Board vote on signage and the 6,000 gallon fuel tank at this time. They will prepare a new lighting plan.

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

A motion to close the meeting to the public was made by Mr. DaPuzzo and seconded by Mr. Lamster.

A motion to grant conditional approval with regard to signage and the 6,000 gallon fuel tank was made by Mr. DaPuzzo and seconded by Mr. Trent. A roll call of members present revealed seven (7) yes votes by Mr. Brotherton, Dr. Ross, Mr. Trent, Mr. DaPuzzo, Mr. Jandris, Mr. Donigian and Mr. Lamster.

F. DKT. #434S, HOME DEPOT, SOIL

This matter was carried to the meeting of March 10, 2003.

VII. WORK SESSION:

A. PROP. ORD. #1435, REZONE BL. 55, LOTS 5 & 6, FROM B-40 TO R-5, COMMENTS TO TOWN COUNCIL

This matter was carried to the meeting of March 10, 2003.

B. DKT. #397, HINDU SAMAJ, REQUEST EXTENSION OF SITE PLAN APPROVAL

This matter was carried to the meeting of March 10, 2003.

C. COMMITTEE REPORTS

1. T/A 03-2007, 16 MC KEE DR., CASEBY SOURCE

This matter was carried to the meeting of March 10, 2003.

D. OLD/NEW BUSINESS

1. CORRESPONDENCE FOR YOUR INFORMATION

VIII. ADJOURNMENT

Due to possible problems being encountered in the building this meeting was adjourned at 10:00 P.M.



These minutes were prepared by Joan Mandle



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