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TOWNSHIP OF MAHWAH PLANNING BOARD
MINUTES
OCTOBER 27, 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, 475 Corporate Drive, 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 recording is on file with the Board Secretary at the Planning Board Office, 475 Corporate Drive, Mahwah, NJ. Copies of the recording may be purchased for a fee.

PRESENT: Mr. Brotherton, Mr. Donigian (8:10), Mr. DaPuzzo, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Lamster, Mr. Rudolph, Mr. Roth.

ABSENT: None

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

II. APPROVAL OF BILLS

None

III. APPROVAL OF MINUTES

None

IV. RESOLUTIONS:

FROM 10/13/03 MEETING

1. E-BD-216-239-355, 31 TUDOR ROSE, BELGIOVINE, SOIL
2. TA 03-2029, 3G ULTRASOUND, 300 ROUTE 17 SOUTH
3. TA 03-2027, VIECORE INC., 1111 MACARTHUR BLVD.
4. E-BD-216-1447, RENE LUKE NICKELS, 34 GLASGOW TERR.,
FOUNDATION LOCATION SURVEY

Correction: Item 1A – Top of Block should be 337.30 not 227.30

5. TA 03-208, RUTH ANN HAWKINS, 64 RAMAPO VALLEY ROAD

A motion to approve the resolutions with the correction was made by Mr. Trent and seconded by Mr. Jandris. A motion to waive the reading of the resolutions was made by Mr. Trent and seconded by Mr. Jandris. A roll call of members present revealed seven (7) yes votes by Mr. DaPuzzo, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean and Mr.Roth. Mr. Brotherton and Mr. Lamster abstained.

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

VI. PUBLIC HEARINGS

A. E-BD-216-230-359, EMPIRE DEVELOPMENT, 10 PATRICK BREM
COURT, SOIL

Mr. Schlessinger, 29 Church Street, Ramsey, NJ was sworn in. The subject property, Lot 3, Block 21.09 is located in Phase 12 - Rio Vista. It is a flat lot slightly below road level requiring some fill. Soil movement is approx. 1,382 c.y. fill, 346 c.y. of cut and a net import of 1,037 c.y. There is excess material stored on a nearby lot which is where they hope to get the soil from

One waiver is required for slopes of 1:3 which is a small area in the rear.

There will be 2 trees removed. The drainage for the site provides for an impervious area of 6,683; therefore, there will be no on site detention. There are wetland buffers to the south and it is recommended that the applicant put in iron rods to denote buffer in the field.

The applicant stated that they can adhere to all of the conditions of Boswell’s letter.

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

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

A motion to grant approval was made by Mr. DaPuzzo and seconded by Mr. Brotherton. A roll call of members present revealed nine (9) yes votes by Mr. Brotherton, Mr. Donigian, Mr. DaPuzzo, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean and Mr. Lamster.


Mr. Lamster and Mr. Rudolph were sworn in as members of the Planning Board.


B. E-BD-216-1520, TREMBLAY, 4 DONNER COURT, SOIL

Richard Eichelaub, R.L. Engineering, 24 Wompum Road, Park Ridge, NJ . introduced himself. The subject property is Lot 95.08, Block 152. There was a recent subdivision application granted for this property. This is one of the two lots that they are looking to develop. There will be a driveway on the right side of the garage. The grading is identical to what was shown on the subdivision map. There is a masonry dwelling and garage on the site. They are looking to move 1,700 c.y. of soil from the site. There will be 1,200 c.y. cut and an import of 470 c.y. to complete the grading on site. There is a hollow area in back that they are looking to grade out.

There are no waivers being requested. There are 14 trees being removed and there will be 4 trees replaced.

The applicant must demonstrate that seepage pits have adequate capacity and there will be no increase in runoff. The applicant stated that they are reducing the impervious area by about 2%. They will direct roof leaders to seepage pits. Once subdivision deeds are filed with the County verification will be provided to the Township.

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

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

A motion to approve the application was made by Brotherton and seconded by Mr. Donigian. A roll call of members present revealed eleven (11) yes votes by Mr. Brotherton, Mr. Donigian, Mr. DaPuzzo, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Lamster, Mr. Rudolph, Mr. Roth.

C. DKT. 392-A, CREMAR, LLC, 83 EAST MAHWAH ROAD

Wendy Berger, Esq. of Cole, Shotz, et al. appeared on behalf of the applicant. This subdivision was previously granted in 1999. The subdivision was not fully perfected, therefore, the Board reaffirmed the subdivision on July 22, 2002. Unfortunately the lot line had to be moved by 12 ft. in width and by 155 ft. in length which changes the lot size by 1,800 sq. ft. All other previously granted approvals remain the same. The lot area for both lots exceed the lot area requirements of the municipality.

Joseph A. Zaniello, 16 Windsor Terrace, Mahwah was sworn in. He is the applicant’s engineer. He stated the only difference between the two plans is the transfer of 1,864 sq. ft. from Lot 17 to Lot 22. This will increase the area of Lot 22 to 43,559 sq. ft. and Lot 17 will have 51,080 sq. ft. The ordinance requires 40,000 sq. ft.

He testified that no waivers or variances have changed from the prior application.

Boswell Engineering, by review letter dated October 1, 2003, requested a clarification regarding the discrepancy in lot area between the prior plan and the current plan. Mr. Zaniello explained that the original plan measured to the right- of-way which was really an easement line. The current map takes it to the full right-of-way line. The monuments are not installed.

Water and sewer service has not changed from the prior plan.

The DEP permit for sewage was extended.

Mr. Kelly stated that the Township will need a monument certification stating that the monuments have been installed.

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

Mr. Chris Naum, 81 E. Mahwah Road, Mahwah. His property is adjacent to the applicant’s property. He stated why he thought the 12 additional feet was required. He stated that there is no monument.

Mr. Frey resides in the last house on Shuart Lane. He questioned water mains. He asked if they were putting in the sewer and water mains. Answer – yes. The owners of each dwelling are responsible for connecting to the lateral. He was advised that the Town is responsible for running the water main.

Mr. Albert Bianco, Upper Saddle River said that he has been working with the builder for the lot. They want a larger main to increase the flow to Reed Way. His builder has agreed to do the work for the Town.

Boswell Engineering will be in touch with Malcolm Pirnie to resolve the issue of the size and location of the water main and when it will be constructed.

The cul-de-sac will permit access to the driveway on Lot 18.

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

A motion to grant conditional approval was made by Mr. Brotherton and seconded by Mr. DaPuzzo. A roll call of members present revealed ten (10) yes votes by Mr. Brotherton, Mr. DaPuzzo, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Lamster, Mr. Rudolph, Mr. Roth and one (1) no vote by Mr. Donigian.

D. DKT. #463, SUSTAK, MINOR SUBDIVISION, BLOCK 43, LOTS 20-27

Colin Quinn, Esq. appeared on behalf of the applicant. Notice was in order.

This application is for a minor subdivision of the property located at 21 Hines Avenue, Block 43, Lots 20-27. There are 8 lots to be consolidated into two building lots. Lot 21 has a two-story dwelling with a garage and carport on the building. This application seeks minor variances and waivers. The variances are preexisting for Lot 21. The existing carport, concrete apron and portion of driveway servicing carport is being removed. With respect to Lot 20 there is a variance for stair encroachment. With respect to waivers on Lot 20 there is a 1:4 slope requirement there is a section on the easterly side of Lot 20 that has a slope of 1:3. The applicant is willing to regrade this section if the Board requires them to do so.

The applicant’s engineer could not attend. Therefore, this meeting was carried to November 10, 2003. No additional notice is required.

VII. WORK SESSION:

A. COMMITTEE REPORTS

1. TA 03-2031 – JPS PIZZERIA, 1025 MACARTHUR BLVD.

A motion to grant conditional approval was made by Mr. Trent and seconded by Mr. Crean. A roll call of members present revealed eleven (11) yes votes by Mr. Brotherton, Mr. Donigian, Mr. DaPuzzo, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Lamster, Mr. Rudolph and Mr. Roth.

B. OLD/NEW BUSINESS

Mr. Burgis’s letter regarding changes in COAH regulations was discussed. Suggestions will be sent to COAH regarding their recommendations. A schedule has been established and Mr. Burgis and COAH will be meeting on November 13, 2003.

VIII. ADJOURNMENT

A Motion to adjourn the meeting was made by Mayor Martel. Trent and seconded by Mr. DaPuzzo. All in favor. The meeting was adjourned at 9:27 pm.



These minutes were prepared by Joan Mandle



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