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TOWNSHIP OF MAHWAH PLANNING BOARD
MINUTES
MARCH 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, Mr. Muscarelle, Mayor Martel, Dr. Ross, Mr. Trent, Mr. DaPuzzo, Mr. Donigian (8:25), Mr. Crean.

ABSENT: Mr. DeKramer, Mr. Jandris, Mr. Lamster

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

II. APPROVAL OF BILLS

2/28/2003 Kasler Associates, PA $175.00

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

III. APPROVAL OF MINUTES

A motion to approve the minutes of the March 10, 2003 meeting with the following revision was made Mr. Brotherton and seconded by Mr. Trent. All in favor.

Page 7, Paragraph 10, change to read - “The applicant will supply a parking report for CVS stores.”
IV. RESOLUTIONS:

FROM 03/10/03 MEETING:

A. DKT. #434, HOME DEPOT, SOIL APPL.
B. DKT. #397, HINDU SAMAJ, EXT. OF PREV. APPROVAL
C. RECOMMEND ADOPTION OF ORD. #1435
D. T/A 03-2008, CASES BY SOURCE, 16 MC KEE DR.

A motion to approve the resolutions was made by Mr. Trent and seconded by Mr. DaPuzzo. A motion to waive the reading of the resolutions was made by Mr. DaPuzzo and seconded by Mr. Trent. A roll call of members present revealed 7 yes votes by Mr. Brotherton, Mr. Muscarelle, Mayor Martel, Dr. Ross, Mr. Trent, Mr. DaPuzzo and Mr. Crean.

FROM 02/24/03 MEETING:

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

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 yes votes by Mr. Brotherton, Mayor Martel, Dr. Ross, Mr. Trent, Mr. DaPuzzo, Mr. Crean. Mr. Muscarelle abstained.

V. OPEN TO THE PUBLIC

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

Michael Senchak, 51 E. Ramapo Avenue, Mahwah, NJ questioned the status on Commodore Perry School. Dr. Ross stated that there is nothing to report at this time. This matter will be discussed at the April 14, 2003 meeting.

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

VI. PUBLIC HEARINGS:

A. BD-216-239-347, 6 PATRICK BREM, SOIL

Jay Atkins, Esq. of Sunshine & Atkins was present. Mr. Atkins represents the applicant in this matter. He stated that the Ridgewood News had not published the notice in this matter until March 20, 2003 and requested that the notice requirement be waived. This matter is being brought under the Soil Movement Ordinance. The Board had no objection to hearing this matter at this meeting and acting on it at the next Planning Board meeting.

Mr. Schlessinger, 29 Church Street, Ramsey, New Jersey was introduced and sworn in. He stated that this is a soil movement application for Block 21.09, Lot 2 in Phase 12 of Rio Vista on the south side of Patrick Brem Court. The soil movement anticipates 11,031 c.y. of cut, 910 c.y. of fill and 221 c.y. export. The material will stay within Phase 12. There will be no trucking in or out of the Rio Vista area. There are still some lower lots that require fill. The applicant is seeking a slope waiver to create slopes 1:3.

The preliminary plan had the garage in the basement. On the new plan the garage is on the first floor. All the requirements of the engineering report have been met.

The applicant will be removing 17 trees and replacing 5 trees.

The retaining wall on the left side is 5 ft. from the property line.

The bond and insurance certificates have been approved. The Board requested that the wetlands be marked.

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

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

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

B. DKT. #450, OMNIPOINT, 82 MCKEE DRIVE

This matter was adjourned to the meeting of April 28, 2003.

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

Bruce Whitaker, Esq. appeared on behalf of the applicant Mr. and Mrs. Mutchler. Notice was in order.

The applicant is seeking a minor subdivision. The applicant has been the owner of Lot 34 in Block 152 since 1982. Their neighbor has owned Lot 35 for over 25 years. The purpose of this application is to adjust a lot line. The lots are in the R-40 zone and neither lot is a conforming lot at the present time. The Mutchlers’ property is very deficient. They would like to make the applicant’s property more conforming.

Mr. Whitaker display Exhibit A-1 which was a subdivision map that the Board approved in 1990 regarding Lots 36 and 37.

Mr. Whitaker prepared a Bulk Table for Lots 34 and 35 which he distributed to the Board. This table was marked Exhibit A-2.

The applicant would like to take 10,540 sq. ft. from Lot 35 and move it to Lot 34 and reconfigure a lot line.

Brian Mutchler, 645 Wyckoff Avenue, Mahwah, NJ was sworn in. He stated that he has been maintaining his neighbor’s property. There is no demarcation present between the applicant’s rear yard and his neighbors. The property has municipal sanitary sewers and water. Mr. Mutchler also has a well on his property.

John Bazine, 10 Shea Road, New York of McDougall Engineering Associates, Inc. was sworn in and qualified as an expert witness. He prepared the plan which was submitted with the application. This plan was marked Exhibit A-3. He reviewed all the modifications being proposed by the applicant. There are two shed structures on the properties.

Dr. Ross expressed concern that the two lots would still not come into conformity with Township requirements and that Lot 35 will be less conforming than it already is.

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. Trent and seconded by Mr. Brotherton.

A motion to grant conditional approval was made by Mr. DaPuzzo and seconded by Mr. Crean. A roll call of members present revealed 7 yes votes by Mr. Brotherton, Mr. Muscarelle, Mayor Martel, Mr. Trent, Mr. DaPuzzo, Mr. Donigian, Mr. Crean and one (1) no vote by Dr. Ross.

D. DKT. #456, TREMBLAY, MINOR S/D, DONNER CT.

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

VII. WORK SESSION:

A. DKT. #457, APPLE RIDGE COUNTRY CLUB, ADDITION TO
CONSERVATORY

John Carlo, President and Owner of Apple Ridge Country Club introduced himself. The applicant is seeking an addition of 900 sq. ft. They would like to cover the existing dining area. The seating will be about the same. There is no footprint and there are no additional variances being sought.

A motion to grant conditional approval was made by Mr. DaPuzzo and seconded by Mayor Martel. A roll call of members present revealed 6 yes votes by Mayor Martel, Dr. Ross, Mr. Trent, Mr. DaPuzzo, Mr. Donigian and Mr. Crean. Mr. Brotherton recused himself and Mr. Muscarelle abstained.

C. COMMITTEE REPORTS

1. T/A 03-2010, HYDRAQUAL, 1200 MACARTHUR BLVD.

This facility is approximately 27,000 + sq. ft. and located at 1200 MacArthur Blvd. The parking is adequate. The signage request is for a directory.

A motion to grant approval was made by Mr. Muscarelle and seconded by Mr. Crean. A roll call of members present revealed 7 yes votes by Mr. Brotherton, Mr. Muscarelle, Dr. Ross, Mr. Trent, Mr. DaPuzzo, Mr. Donigian, Mr. Crean. Mayor Martel abstained.

2. T/A 03-2011, LIBERTY HYUNDAI, RT. 17 N., BL. 26, LOT 4

This application requests parking for vehicle storage for new car inventory. There will be no truck deliveries on site.

A motion to grant conditional approval was made by Mr. Crean and seconded by Mr. Trent. A roll call of members present revealed 5 yes votes by Mr. Brotherton, Dr. Ross, Mr. Trent, Mr. DaPuzzo and Mr. Crean and 3 no votes by Mr. Muscarelle, Mayor Martel and Mr. Donigian.

3. T/A 03-2012, NOBODY’S INN, 150 FRANKLIN TPK.

This is an application for change in ownership. The applicant will be operating a brick oven pizza restaurant. The applicant currently has an interior demolition permit.

A motion to grant approval was made by Mr. Muscarelle and seconded by Mr. Crean. A roll call of members present revealed 7 yes votes by Mr. Brotherton, Mr. Muscarelle, Dr. Ross, Mr. Trent, Mr. DaPuzzo, Mr. Donigian, Mr. Crean. Mayor Martel abstained.

4. T/A 03-2013, PRESTIGE, 100 CORPORATE DR., TEMP. PARKING

The application requests permission for temporary storage of motor vehicles on the premises for six months.

A motion to grant approval was made by Mr. Muscarelle and seconded by Mr. Crean. A roll call of members present revealed 7 yes votes by Mr. Brotherton, Mr. Muscarelle, Dr. Ross, Mr. Trent, Mr. DaPuzzo, Mr. Donigian, Mr. Crean. Mayor Martel abstained.

D. OLD/NEW BUSINESS

A request will be made to the Township Council to amend the site plan, subdivision and soil ordinances to require the applicant to submit an additional 11 copies of the plan.

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 9:30 P.M.


These minutes were prepared by Joan Mandle



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