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TOWNSHIP OF MAHWAH PLANNING BOARD
MINUTES
OCTOBER 13, 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. Donigian, Mr. DaPuzzo, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Rudolph, Mr. Roth.

ABSENT: Mr. Brotherton, Mr. Lamster

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

Swearing In: John Roth was sworn in.

II. APPROVAL OF BILLS

9/24/03 Carmine R. Alampi, Esq.
(Peter Scandariato, Esq.) $1,000.00

9/26/03 Carmine R. Alampi, Esq.
(Peter Scandariato, Esq.) $ 527.00

A motion to approve the bills was made by Mr. Da Puzzo and seconded by Mr. Donigian. All in favor.

III. APPROVAL OF MINUTES

A motion to approve the minutes of the September 22, 2003 with no additions or revisions was made by Mr. DaPuzzo and seconded by Mr. Crean. All in favor.

IV. RESOLUTIONS:

FROM 6/9/03 MEETING

1. MEADOW RIDGE DEVELOPMENT CORP.
E-BD-216-1429

Paragraph 4, change March 13, 2003 to May 13, 2003.

A motion to approve the Resolution was made by Mr. Trent and seconded by Mr. Crean. A motion to waive the reading was made by Mr. Trent and seconded by Mr. Da Puzzo. A roll call of members present revealed eight (8) yes votes by Mr. Donigian, Mr. DaPuzzo, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Rudolph.

FROM MEETING OF 7/14/03

1. AHISKELL DEGADO (LA GELATERIA) TA03-2022
2. 45 FRANKLIN, LLC (CVS PHARMACY) T03-009

A motion to approve the Resolution was made by Mr. Trent and seconded by Mr. DaPuzzo. A motion to waive the reading was made by Mr. Trent and seconded by Mr. Da Puzzo. A roll call of members present revealed seven (7) yes votes by Mr. Donigian, Mr. DaPuzzo, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean. Mr. Rudolph abstained

FROM MEETING OF 8/25/03

1. 10 ACRES LLC. E-BD-216-1500
2. FRANKLIN TURNPIKE CONSTRUCTION T03-010
3. FRANKLIN TURNPIKE CONSTRCUTION T03-011
4. FACTORY DIRECT BUS SALES, INC. TA-03-2018

A motion to approve the Resolution was made by Mr. Trent and seconded by Mr. Crean. A motion to waive the reading was made by Mr. Trent and seconded by Mr. Crean. A roll call of members present revealed five (5) yes votes by Mr. Donigian, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean. Mr. DaPuzzo, Mr. Jandris and Mr. Rudolph abstained.

FROM MEETING OF 9/22/03

1. PRESTIGE MANAGEMENT SERVICES, INC. TA03-2013
2. PHILLIPS SCIENTIFIC TA03-2022

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

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

Patricia Meeley, 692 Wyckoff Avenue, Mahwah, NJ. The property she resides on has been subdivided. She expressed concerns regarding the development of lot 8 and that it would block a historic home. It is possible that the builder could move the house.

Mayor Martel and Michael Kelly, P.E. will speak to the builder to see if they can move the house so it does not block lot 8.01.

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

FROM MEETING OF 10/13/03

1. LINDA AREH E-BD-216-1461

The fourth WHEREAS clause will be changed to add October 12, 2003.

A motion to approve the Resolution as amended was made by Mr. Trent and seconded by Mayor Martel. A roll call of members present revealed five (5 ) yes votes by Mr. DaPuzzo, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent. One (1) no vote by Mr. Donigian. Mr. Crean abstained.





VI. PUBLIC HEARINGS

A. E-BD-216-1461, 805 DARLINGTON AVENUE – RECONSIDERATION

On August 25, 2003 an application for a soil movement permit was denied. A lawsuit was filed by the applicant and Judge Harris, Bergen County Superior Court signed a Consent Order remanding this matter to the Planning Board for reconsideration and approval.

Andy DelVecchio, Esq. attorney for applicant introduced himself and stated that in accordance with the terms of the Court Order he has provided public notice and submitted the Affidavit. The Affidavit was marked Exhibit “A-1” and dated October 13, 2003. Notice was in order.

This is an application to permit construction of a single family home on the site. There will be a fill of 1,466 c.y., cut 95 c.y and import 1,371 c.y. of soil.

Mr. Donigian questioned the drip line and root system of the trees on the property line by the driveway. The applicant stated that the trees on the neighbor’s property would not be impacted. The applicant’s attorney stated that if needed they will attempt to modify the plan to be sure that the neighbor’s trees are not impacted.

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

Ms. Debbie McGuire recapped her follow up with the DEP. They stated that they would be meeting tomorrow morning regarding this property. She showed photographs of the trees on her property which line the driveway. She hired an arborist and she stated that the arborist said that if any heavy equipment was brought in it would definitely ruin the trees and that any impervious surface would cut off water supply to them.

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

B. E-BD-216-239-355, 31 TUDOR ROSE, SOIL

Herbert Schlesinger, 29 Spring Street, Ramsey, NJ was sworn in. He discussed the construction method. An engineer will be on site to review the soil and he will be present when the compaction is taking place. There is a fill of 5,061 c.y. and a cut of 2,568 c.y. This lot originally had an approval by another owner. The prior owner did post a soil movement bond and he brought in material and stockpiled it on the site. That stockpile is approx. 5,100 c.y. Therefore, there will actually be an export of 2,600 c.y.

Boswell Engineering will do a site inspection. If they determine that the bonds previously posted should be returned to the prior applicant they will be returned and the new applicant will have to post a new bond.

The plans showed 39 trees to be removed and there are an additional 4 to be removed. There will be 11 trees replaced.

Slopes were discussed. There are three keystone walls.

The applicant will have to demonstrate that the proposed drainage system meets the original design calculations for the Rio Vista Subdivision.

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

Property owner at 67 Glenmere Terrace, Mahwah, NJ stated that this area is suited for mountain goats because of its slope and asked why these lots were approved for residential homes.

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. Trent and seconded by Mayor Martel. A roll call of members present revealed eight (8) yes votes by Mr. Donigian, Mr. DaPuzzo, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Rudolph.

C. BD-216-239-359 EMPIRE DEVELOPMENT, 10 PATRICK BREM CT., SOIL

The applicant did not appear. There was no proof of notice. This matter was carried to October 27, 2003.

D. DKT. #455, WOODCLIFF LAKE DEV.
Thomas Van Dam, Esq. appeared on behalf of the applicant. Mr. Schlessinger has prepared a revised site plan revised 9/29/03, marked Exhibit “A-13”. The readings have been completed for the noise study and the report will be presented and discussed at the next meeting.

The road alignment has been changed. The DOT has not agreed to extend the berm and the applicant proposes placing a berm on his property, lot 4, and a small amount on lot 5. There will be plantings on the berm to make it visually pleasing.

There will be two 6 ft. high walls along the back. These walls will be concrete block walls. This is shown on the second sheet of the plans. With the change in alignment the lot configurations had to change. The buffer averaging is considerably diminished on this plan.

The maintenance of the berm on lot 4 and 5 will be the responsibility of the homeowners on those lots. The berm is 14 ft. high.

Mr. Schlessinger stated that the retaining walls along the roadway would be maintained by the Township.

Dr. Ross stated that a Community Association should be set up to maintain the berm and the retaining walls and that Mr. Montalbano should reconsider.

Mr. Schlessinger stated that when it is a roadway crossing it is maintained by the Township. This matter will be further investigated.

There will be 582 trees removed and a net number of 490.

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

John Santangelo, 17 Meadowlake Drive, Mahwah. He owns the property opposite Fike. He questioned the number of trees being replaced. He also stated that there is an Association in the development, for the back five homes on Campgaw. He stated there is no guarantee that the Association will take care of things. Mr. Scandariato advised him that there is a corporate structure that is set up. If the homeowner’s association does not do what they are supposed to do, the Township can step in and remedy the situation and assess the costs back to the association.

Robert Ambrose, 23 Windsor Terrace questioned the total amount of trees to be removed under the old plan. He questioned the height of the existing berm.

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

The property owner has requested inclusion in Stage IV sanitary sewer.

This matter was carried to November 10, 2003.

E. DKT. #450, OMNIPOINT, 82 MCKEE DRIVE – Off to November 24, 2003.

VII. WORK SESSION:

A. COMMITTEE REPORTS

1. TA 03-2027, VIECORE, 1111 MACARTHUR BLVD.
2. TA 03-2028, 64 RAMAPO VALLEY ROAD, HAWKINS
3. TA 03-2029, ULTRASOUND, 300 RTE. 17 SOUTH

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

4. 216-1447, NICKELS, ELEVATION CHANGE, 36 GLASGOW TERR.

A motion to grant approval was made by Mr. Trent and seconded by Mr. Jandris. A roll call of members present revealed six (6) yes votes by Mr. Donigian, Mr. DaPuzzo, Mr. Jandris, Dr. Ross, Mr. Trent, Mr. Crean. Mr. Rudolph recused himself.


A Motion to adjourn the meeting was made by Mr. Trent and seconded by Mr. Crean. The meeting was adjourned at 9:48 pm.



These minutes were prepared by Joan Mandle



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