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TOWNSHIP OF MAHWAH PLANNING BOARD
MINUTES
MARCH 10, 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, Mr. Muscarelle, Mayor Martel, Dr. Ross, Mr. Trent, Mr. DeKramer, Mr. DaPuzzo, Mr. Donigian, Mr. Jandris, Mr. Crean, Mr. Lamster.

ABSENT: None

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

II. APPROVAL OF BILLS

None

III. APPROVAL OF MINUTES

A motion to approve the minutes of the February 24, 2003 meeting with the following revisions was made Mr. Brotherton and seconded by Mr. Trent. All in favor.

Page 4, Paragraph 3 delete the first sentence and replace it with the following: Variances are required for number of signs and sign letter height.

Page 7, last sentence change 10:00 A.M. to 10:00 P.M.

SUB REVIEW COMMITTEE:

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

A Motion to approve the application was made by Mr. Crean and seconded by Mr. Brotherton. A roll call of members present revealed 7 yes votes by Mr. Brotherton, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Da Puzzo, Mr. Donigian and Mr. Jandris. Mr. Muscarelle and Mr. DeKramer abstained.

IV. RESOLUTIONS:

FROM 09/09/02 MEETING:

1. DKT. #438, RICHARD MARCHESI, DENIAL OF SUBDIVISION APPROVAL.

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 9 yes votes by Mr. Brotherton, Mr. Muscarelle, Mayor Martel, Dr. Ross, Mr. Trent, Mr. DeKramer, Mr. Da Puzzo, Mr. Donigian and Mr. Jandris.

FROM 12/02/02 MEETING:

1. DKT. #420, MAHWAH LAND, LLC, FINAL MAJOR SUBDIVISION.

2. E-BD-216-239-314, KEVIN SIMON, BLOCK(S) 21.07 LOT(S) 31, 34 TUDOR ROSE TERRACE, PLOT PLAN AND SOIL MOVEMENT PERMIT APPLICATION.

3. TA02-2037, CASTLE “THE WINDOW PEOPLE”, BLOCK(S) 110.01 LOT(S) 1, 18 INDUSTRIAL AVE.

A motion to approve the resolutions was made by Mr. Trent and seconded by Mr.
Da Puzzo. A motion to waive the reading of the resolutions 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. Da Puzzo, Mr. Donigian and Mr. Jandris.




FROM 01/27/03 MEETING:

1. T/A03-002, RIDGETOP BUILDERS & ENSSLIN, TEMPORARY TRAILER PERMIT APPROVAL, BLOCK(S) 4, LOT(S) 13, 14, 17 & 18, 5 MAPLE ROAD.

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 8 yes votes by Mr. Brotherton, Mayor Martel, Dr. Ross, Mr. Trent, Mr. DeKramer, Mr. DaPuzzo, Mr. Donigian and Mr. Jandris. Mr. Muscarelle abstained.

FROM 02/10/03 MEETING:

1. DKT. #416, JJM REALTY PARTNERS, LLC, BLOCK(S) 173, LOT(S) 122, EDISON ROAD & MOLLIE COURT, EXTENSION OF PRELIMINARY AND FINAL SITE PLAN APPROVAL.

A motion to approve the resolution was made by Mr. Brotherton and seconded by Mr. DeKramer. A motion to waive the reading of the resolution was made by Mr. Trent and seconded by Mr. DeKramer. A roll call of members present revealed 8 yes votes by Mr. Brotherton, Mr. Muscarelle, Mayor Martel, Dr. Ross, Mr. Trent, Mr. DeKramer, Mr. Da Puzzo, Mr. Donigian. Mr. Jandris abstained.

2. TA03-2004, SCOTT & KIM, INC., BLOCK(S) 71, LOT(S) 9, 164 FRANKLIN TPK.

A motion to approve the resolution was made by Mr. Brotherton and seconded by Mr. DeKramer. A motion to waive the reading of the resolution was made by Mr. Trent and seconded by Mr. DeKramer. A roll call of members present revealed 7 yes votes by Mr. Brotherton, Mr. Muscarelle, Dr. Ross, Mr. Trent, Mr. DeKramer, Mr. Da Puzzo, Mr. Donigian. Mr. Jandris and Mayor Martel abstained.

3. TA03-003, IDC CONSTRUCTION AND HOSPITALITY VENTURES, BLOCK(S) 132, LOT(S) 9, 180 ROUTE 17 SOUTH, TEMPORARY TRAILER PERMIT APPROVAL.

A motion to approve the resolution was made by Mr. Brotherton and seconded by Mr. DeKramer. A motion to waive the reading of the resolution 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. Da Puzzo, Mr. Donigian. Mr. Jandris abstained.

V. OPEN TO THE PUBLIC

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

Ron Krapinski, 45 Devine Drive, Mahwah, NJ introduced himself. Mr. Krapinski expressed concern regarding the rezoning of Commodore Perry. He stated that it will change the character of the residential neighborhood. Mr. Krapinski was advised that the matter could be addressed at a public hearing and that a report will go back to the Council.

Steven Brown, 50 Devine Drive, Mahwah, NJ introduced himself. His home is adjacent to the Commodore Perry facility. He expressed concern regarding the number of residences with small children. He would like to see the Board of Education find a purchaser that would like to build single family homes.

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-216-1429, 2 SWAN ROAD, SOIL

Bruce Whitaker, Esq., attorney for the applicant introduced himself. Notice was in order. This application has been reviewed by the engineer. Mr. Whitaker stated that this site has an existing single family home. The applicant would like to build a new single family home on the site.

Mr. Schlessinger, Conklin Associates, 29 Church Street, Ramsey, New Jersey was sworn in. Mr. Schlessinger prepared the site plan for Lot 11, Block 139. He stated that when the initial subdivision was done the lot fronted on Myrtle Avenue. There are wetlands to the rear of the lot and a buffer area. One-half of the lot is encumbered by wetlands. The applicant would like to remove the existing house and garage and construct a new dwelling fronting on Swan Road. The sanitary sewer will be extended so that this house will have a proper sanitary outlet. The house conforms in all respects. The applicant proposes 309 c.y. of cut, 1,096 c.y. of fill and 787 c.y. import. The applicant is not sure where they will be getting the soil from and they are aware that if the soil is not from Mahwah it will have to be tested.

The applicant is requesting a wavier to create slopes up to 1:3.

The number of trees being removed was questioned by the Board. The applicant will revisit the removal of trees.

The applicant will define the buffer line and will be required to get verification from the DEP as to where the wetlands and buffers are located. The applicant will delineate the wetland transition line in the field with an iron pipe at each end and one (1) at the mid point. They are providing a pit system or storage system for this lot for storm water drainage.

Boswell Engineering will contact Malcolm Pirnie to look at the potential for connecting the sewer.

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

John Arc, 5 Whispering Pines Drive, Mahwah, NJ questioned the requirements for zoning in the R-40 zone. He was advised that there is a variance on the property for location of the current home. And that it was created as a conforming lot with frontage on Myrtle Avenue.

Paul Reedy, 9 Whispering Pines Drive, Mahwah, NJ would like to be sure that the trees along the back of the property remain. He expressed concern that there may be a second house built on the property. The applicant said that the property is only 50% usable and they will build only one home.

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

This matter was carried to the meeting of April 14, 2003.

B. DKT. #434-S, HOME DEPOT SOIL

Larry Rothstein, Esq. appeared on behalf of the applicant. Notice was in order. He introduced Mr. Coco of 261 Cleveland Avenue, Highland Park, NJ.

At the present time they do not know where the soil is going to be imported from. The applicant is aware that if the soil is from outside Mahwah it must be tested.

Boswell Engineering requested a copy of the DOT approval. Copies of all permits will be forwarded to Boswell Engineering when they are executed.

The Environmental Commission reviewed the plan and they have incorporated their recommendations regarding landscape and architectural plans.

The applicant has requested that the DOT review the acceleration lane and the DOT has not yet responded. They will follow up on this matter.

The are six (6) additional trees proposed.

A motion to open the meeting to the public was made by Mr. Brotherton and seconded by Mr. Trent. 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. Da Puzzo, Mr. Donigian and Mr. Jandris.

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

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

D. DKT. #449, CVS, FRANKLIN TPK., S.P., S/D & SOIL

Bruce Whitaker, Esq., appeared on behalf of the applicant 45 Franklin LLC. This application is for minor subdivision, preliminary and final site plan approval, variances, waivers and soil movement. The applicant proposes construction of a CVS Pharmacy on Block 70, Lots 1 and 2, 45 Franklin Turnpike. Notice was in order. Lots 1 and 2 have a total area of 60,189 sq. ft. and are located in the B-12 zone. The proposed building is 10,875 sq. ft. The applicant stated that they are upgrading the lot which was formerly used as a bus terminal. The site is almost completely paved and has very little drainage and has caused maintenance problems over the past years. The purpose of the minor subdivision is to eliminate a lot line. No new lots are being created. Soil movement basically conforms to the soil movement ordinance. The applicant stated that it will comply with the letter of Boswell Engineering.

The applicant is requesting a variance for lot coverage in excess of 80%. They propose 85.6% improved lot coverage. A variance is being requested for number of signs.

The applicant is requesting waivers for number of parking spaces and parking stall size. They proposed 55 parking spaces and Code requires 63. Employee parking would be at the rear of the site and those spaces would be 9 ft. x 18 ft. The parking spaces for the public would be 10 ft. x 20 ft.

A C-technical variance will be required for drive-thru.

The Fire Inspector requires that the canopy over the drive-thru be raised to allow emergency vehicles to go through.

The applicant will obtain all necessary DEP approvals.

The Mahwah Police Report requests that no vegetation, with the exception of grass, be present on the east side of the exit driveway within 20 feet of Fox Lane due to concerns regarding sight distance.

Michael Buckless, Executive Director of CVS, 1 Berry Drive, Lumberton, NJ was sworn in and qualified. He stated that this will be a colonial brick building. It is the smallest of the three prototype stores.

It is estimated that the drive-thru will service approximately five cars per hour. The cars will stay for about two minutes. There will be no stacking. The drive-thru hours will be from 9:00 a.m. to 9:30 p.m. The hours of operation for the store are 8:00 a.m. to 10:00 p.m. weekdays; 9:00 a.m. to 9:00 p.m. Saturdays and 9:00 to 6:00 p.m. Sundays. There will be approximately 6 to 7 employees. At their busiest store they require only 47 parking spaces. This store would require less.

Most of the deliveries that arrive go right to the sales floor.

The applicant is requesting ancillary signage for a One-Hour Photo shop, drive-thru pharmacy and a pylon sign.

The applicant will supply a parking report for CVS stores.

The Board wants to see the location of the dumpster on the revised plan.

There is one door on the side of the building which is for an emergency exit only.

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

Thomas Ashbahian, P.E., 39 Spring Street, Ramsey, NJ was sworn in and qualified. Mr. Ashbahian prepared the site plan and minor subdivision plan and submitted documentation for soil movement.

He stated that the building currently on the site is derelict. It is approximately 60 to 70 years old. It sits 125 ft. from Franklin Turnpike and 38 ft. from Fox Lane. The current building is in substantial nonconformity. The site is paved. A little over 90% of the site is covered by building or asphalt. On the southern edge is the existing drainage system which was brought before the Planning Board around 1996. It sends the drainage from the site into the County right of way. The site is currently abandoned.

The applicant is proposing a 10,875 sq. ft. reduction in the building area. They will construct a substantial increase in green space. The site plan was marked Exhibit “A-1”.

The two existing lots are Lot 1 and Lot 2. Lot 2 is substantially deficient in size. By doing a reverse subdivision and appending Lot 1 to Lot 2 the applicant is eliminating a deficient size lot.

There will be curb cuts along Franklin Turnpike North for ingress and two along Fox Lane for ingress and egress.

The building will have a brick façade with plaster cornices, slate roof and parapets over the entire building. The parapet will be a minimum of 3 ft. to 4 ft. in height and will enclose the HVAC system. The applicant will provide the exact elevations of the roof level and elevations further up will be provided.

The Board would like to see 80% coverage. The applicant will be putting in new sidewalks and curbing. They will review what is being done with the streetscape on Franklin Turnpike and if there are improvements to be made they will do so in harmony with the plans.

Mr. Buckless was recalled. He stated that they will accommodate the Township regarding the style of the store.

The applicant is complying with the requirements of Boswell Engineering regarding soil movement.

The applicant is adding two basins for drainage on the northern end of the property which will run into the County system. They are reducing the rate of run off by 3.5% for the 100 year storm. They will explore detention on site and a porous pavement system for employee parking which will reduce the rate of run off. They will meet the requirements under the current ordinance regarding lighting. The applicant will buffer the parking lot of Mahwah Ford. There will be a 4 ft. high fence extending 200 ft. from Franklin Turnpike.

This matter was carried to the April 14, 2003 meeting.

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

Thomas Dunn, Esq., of Beattie Padavano appeared on behalf of the applicant. He introduced David Hals who was previously qualified by the Board.

Mr. Hals stated that by their calculation they require 120 parking spaces and they are proposing 122 parking spaces on site. He reviewed how this was calculated.

In order to meet DOT regulations they need to raise the site. They propose grading in the rear buffer area. There is a required 25 ft. buffer zone. They are screening the rear of the site. They will be removing 10 trees in the rear of the site.

Drainage flows onto the site from the north to the south and flows across the site. There is ponding on the site. It flows over the curb line and into the property to the south. The applicant will provide underground detention systems to collect the storm water in front. The parking area behind the building will have a detention system which will collect 100% of the two year storm, 100% of the 10 yr. storm and a reduction of 60% from the 100 yr. storm. There will be no discharge from the site. There will be no impact on the residential properties to the rear of the site.

The applicant seeks variances for sign letter height. They request two building mounted signs and a pylon sign. The overall sign area is in compliance with Code. However, the sign lettering is not. The franchise requires a certain sign.

The applicant proposes 7,360 c.y. of import. They will have the soil tested if it is not from Mahwah.

The applicant has not resubmitted their lighting plan but state that they will adhere to 1.5 ft. candles throughout the site.

The Township’s Director of Emergency Services would like fire hydrants in the front and rear of the facility and would like two means of ingress into the site. The applicant stated that the entrance is acceptable to DOT and that they will have a problem with meeting a requirement for additional entrances into the facility. Boswell Engineering recommended that they applicant meet with the Office of Emergency Management to discuss the fact that there is access to the site from a neighboring property.

The applicant has filed for an update of the DOT highway access permit.

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

Anita Holland, 182 Island Road, Mahwah, NJ stated that her property is located in what is known as the “high road curve” and that her back yard is now their haven.

Adele Serback, 183 Island Road, Mahwah, NJ expressed concern regarding fire in the dealership. She was advised that the building would be sprinklered.

The Board requested that there be no outdoor speaker and the applicant stated that they would stipulate to that.

This matter was carried to the meeting of April 14, 2003.

VII. WORK SESSION:

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

A motion was made by Mr. Trent and seconded by Mr. DeKramer recommending the rezoning of Block 55, Lots 5 & 6 from B40 to R-5 as requested by the Council. A roll call of members present revealed 8 yes votes by Mr. Brotherton, Mr. Muscarelle, Dr. Ross, Mr. Trent, Mr. DeKramer, Mr. Donigian, Mr. Jandris and Mr. Crean. Mr. DaPuzzo abstained.

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

The applicant is having difficulty obtaining funds to build the proposed building. It was recommended that the Board grant a two year extension.

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

C. COMMITTEE REPORTS

D. OLD/NEW BUSINESS

It was requested that a recommendation be made to the Township Council to amend the Ordinance pertaining to the requirements for the number of sets of plans which must be submitted by applicants. The Board would like to have 25 sets of plans submitted and they would like to see a street address on the plans.

Mara Winokur will obtain a projected time table regarding the zoning ordinance.

1. CORRESPONDENCE FOR YOUR INFORMATION

VIII. ADJOURNMENT

A motion to adjourn the meeting was made by Mr. Trent and seconded by Mr. Crean. The meeting was adjourned at 11:20 P.M.


These minutes were prepared by Joan Mandle



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