Township of Mahwah, NJ
Meeting Agendas & Minutes  
Print this page Print this page Email this page Email this page

Page Navigation

Back To Meeting Schedules

TOWNSHIP OF MAHWAH PLANNING BOARD
MINUTES
DECEMBER 15, 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, N. J. 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, N.J. Copies of the recording may be purchased for a fee.

PRESENT: Mr. Brotherton, Mr. Donigian, Mr. Jandris, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Roth, Mr. DaPuzzo (8:15 p.m.), Mr. Rudolph

ABSENT: Mayor Martel, Mr. Lamster

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

II. APPROVAL OF BILLS

None

III. APPROVAL OF MINUTES

Page 1: Opening Statement: Change Dr. Ross, Chairman to read Mr. Brotherton, Vice-Chairman.

A motion to approve the minutes of November 10, 2003 with revisions was made by Mr. Brotherton and seconded by Mr. Trent. All voted in favor. Dr. Ross abstained from voting.

A motion to approve the minutes of November 24, 2003 with no revisions was made by Mr. Brotherton and seconded by Mr. Trent. All voted in favor.

IV. RESOLUTIONS

FROM 10/27/03 MEETING:

1. TA03-2031, RUBEN OROPEZA, T/A J.P. PIZZERIA
2. EBD-216-239-359, EMPIRE DEVELOPMENT LLC

Correction: Add – Applicant responsible for 1 tree replacement.

3. EBD-216-1520, TREMBLAY BUILDERS, INC.
4. DKT. #392A, CREMAR, LLC – AMENDED SUBDIVISION APPROVAL

A motion to approve the Resolutions with correction was made by Mr. Brotherton and seconded by Mr. Trent. A motion to waive the reading of the Resolutions was made by Mr. Brotherton and seconded by Mr. Trent. A roll call of members present revealed 7 aye votes by Mr. Brotherton, Mr. Donigian, Mr. Jandris, Dr. Ross, Mr. Trent, Mr. Crean and Mr. Roth.

FROM 11/10/03 MEETING:

1. DKT. #463 JASON SUSTACK – MINOR SUBDIVISION

A motion to approve the Resolution was made by Mr. Trent and seconded by Mr. Jandris.
A motion to waive the reading of the Resolution was made by Mr. Trent and seconded by Mr. Jandris. A roll call of members present revealed 7 aye votes by Mr. Brotherton, Mr. Donigian, Mr. Jandris, Dr. Ross, Mr. Trent, Mr. Crean and Mr. Roth.

FROM 11/24/03 MEETING:

1. DKT. #448, 10 ACRE, LLC. – EXTENSION OF SUBDIVISION APPROVAL
2. TA-03-2032, F & M MOTOR WORKS
3. DKT. #441-A-F, FRANKLIN CONSTRUCTION CO., LLC.

A motion to approve the Resolutions was made by Mr. Jandris and seconded by Mr. Crean. A motion to waive the reading of the Resolutions was made by Mr. Jandris and seconded by Mr. Crean. A roll call of members present revealed 6 aye votes by Mr. Brotherton, Mr. Donigian, Mr. Jandris, Mr. Trent, Mr. Crean and Mr. Roth.

FROM 12/1/03 MEETING:

1. TA-03-2036, SUPER SIGNS 7 BANNERS, LTD.
2. DKT. #443-A, HAWKS NEST LLC.

A motion to approve the Resolutions was made by Mr. Trent and seconded by Mr. Crean. A motion to waive the reading of the Resolutions was made by Mr. Trent and seconded by Mr. Crean. A roll call of members present revealed 7 aye votes by Mr. Brotherton, Mr. Donigian, Mr. Jandris, Mr. Trent, Mr. Crean, Mr. Rudolph and Mr. Roth. Dr. Ross abstained.

V. OPEN TO THE PUBLIC

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 Mr. Brotherton and seconded by Mr. Trent.

VI. WORK SESSION:

A. MILLENNIUM FITNESS, LLC., 300B RTE. 17 SO. - ZONING
AMENDMENT

Robert Zisgen, Attorney for the applicant was present. The applicants, Mr. Rose and Mr. Zelner were also present. They are asking the Planning Board if they would make a recommendation to Mayor and Council to allow Health and Fitness Centers as a conditional use in the IP 120 Zone.

They are proposing a 26,000 sq. ft. facility at the 300B Route 17 address. Mr. Rose presented photos of the proposed health club and described each one. They are also proposing a Chiropractic and physical therapy facility for members only and those services would be performed by a licensed professional of this state.

Mr. Zisgen referred to Ordinance 1368 which was overturned by Judge Harris because there was serious procedural error in the adoption of the ordinance and that the use of a recreational facility in the IP 120 zone is substantially inconsistent with Mahwah’s Master Plan.

Mr. DaPuzzo gave a brief synopsis of the litigation involved with Ordinance 1368 and the decision by Judge Harris to overturn the Board of Adjustment’s approval of Gold’s Gym.

Dr. Ross informed the applicant that the conditional use of health clubs in the IP 120 zone is being considered in the newly proposed zoning ordinance and recommended that they schedule a meeting with Mayor and Council to discuss the procedure.

B. COMMITTEE REPORTS

None

C. OLD/NEW BUSINESS

None

VII: PUBLIC HEARINGS

A. DKT. #450, OMNIPOINT, 82 MCKEE DR.

Public Hearing is carried to January 26, 2004.

B. EBD-239-365 – 44 BRAMSHILL DR. - SOIL

Richard Eichenlaub appearing on behalf of the applicant, Leonard Developers for a single lot site plan soil movement application was sworn in.

They are looking to develop 60% of the 2 acre lot. The rear 40% of the lot will not be disturbed as well as 60 to 100 ft. of the northerly lot line.

They will be exporting 4200 cubic yards from the site.

Mr. Kelly stated he received a revised plan and the applicant has addressed a majority of their previous comments. They propose to remove 48 trees and provide 12 replacement trees. The applicant’s engineer has the retaining wall calculations and drainage calculations and will forward this information to Mr. Kelly’s office.

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

A motion to close was made by Mr. Trent and seconded by Mr. Brotherton. All voted in favor.

A motion to approve subject to approval by Mike Kelly was made by Mr. Trent and seconded by Mr. Donigian. A roll call revealed 9 aye votes by Mr. Brotherton, Mr. Donigian, Mr. DaPuzzo, Mr. Jandris, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Rudolph and Mr. Roth.

C. EBD-239-364, 19 TUDOR ROSE - SOIL

Herb Schlesinger, 29 Church St., Ramsey, N. J. and Vincent LaBarbiera, 115 Seminary Dr. were sworn in.

The applicant is proposing to import approximately 973 cubic yards. There are a series of retaining walls which create a plateau area. The calculations for the walls and the drainage calculations have been submitted.

Mr. Schlesinger referred to Mike Kelly’s report and stated that they have fulfilled the requirement that they have enough area going into the seepage pits.

Mike Kelly stated that the drain from the driveway is directed to the seepage pits making it an additional 4600 sq. ft. of impervious area being directed to the seepage pits. This would bring this application within the allocated square footage of impervious area per lot for Rio Vista.

Regarding the granting of the waiver for slopes up to 1 vertical to 1.5 horizontal, the applicant must provide the township with compaction requirements and a certification from an Engineer stating that the compaction and slope was put in as per the plans.

Any soil being imported from outside of Mahwah must be tested and free of contamination.

There was a discussion regarding the 3 oak trees referred to by Mr. Donigian. Mr. Brotherton was in agreement that these trees cannot be saved.

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

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

A motion to approve was made by Mr. Trent and seconded by Mr. Jandris. A roll call revealed 9 aye votes by Mr. Brotherton, Mr. Mr. Donigian, Mr. DaPuzzo, Mr. Jandris,
Mr. Trent, Dr. Ross, Mr. Crean, Mr. Rudolph and Mr. Roth.

D. DKT. #455, WOODCLIFF LAKE DEVELOPERS

Herb Schlesinger and Thomas Van Dam, Esq. appeared on behalf of the applicant.

The revised plans dated November 18, 2003 was marked as Exhibit “A-17” and revised plans dated December 5, 2003 was marked Exhibit “A-18”.

As a result of Mr. DaPuzzo’s comments and requests the applicant proposes to increase the height of the berm by 2 ft. This will result in a 2 plus or minus db reduction in sound levels. This takes the three noise readings into conformity.

In answer to questioning by Dr. Ross, the new berm is now 16 feet which is in excess of 20 ft. on the 287 side. It will be an all dirt berm stabilized with 2 double retaining walls which will be tiered.

Mr. Brotherton referred to Mr. Montalbano’s note to the DOT dated December 3, 2003.
Mr. Montalbano asked for permission to close the gap between the state and developer’s property. They will have to build partially on the DOT side.

Mr. DaPuzzo requested the other 8 letters that were sent to the DOT.

Mr. Van Dam asked Mr. Schlesinger to review the revisions made to the last plat.

There will be a 10 foot wide concrete sidewalk at the intersection of Campgaw Rd. & Meadow Lake.

There will be a total of 575 trees removed including some trees along the county road. They deleted the trees in the right of way or in the detention system or berm area to get a net number of 319 trees. There will be 81 replacement trees plus street trees.

Mr. Schlesinger reviewed the revised drainage calculations. Mike Kelly concurred with his findings.

Mr. Brotherton asked if there was a decision on the walls on either side of the culvert. Mr. Schlesinger stated that the Association will maintain the walls. The wall will be 9 ft. high and Mike Kelly indicated that they would need a variance for wall height.

If this application is approved, Mr. DaPuzzo asked if this Board could send a letter to the DOT requesting that they respond as quickly as possible with regards to tying the two berms together and indicate that the Board is in favor of this.

Mike Kelly recommended that the Board request a revised noise evaluation study with respect to the raised berm. He would like to get it to 3 decibels.

Mr. Montalbano gave Mike Kelly a letter dated 12/8/03 from the applicant’s sound engineer, Louis Goodfriend and Associates, which he read. It was marked Exhibit “A-20”.

Mr. Van Dam marked the letter from Mr. Montalbano dated 12/3/04 to the DOT which
Mr. DaPuzzo referred to as Exhibit “A-19”.

Mr. Van Dam stated that he would be doing sound testing before the construction of the homes. The results will be disclosed to the home owner.

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

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

A motion to approve with conditions set forth in the various meetings including a public offering statement with full disclosure to respective home owners was made by Mr. Trent and seconded by Mr. Donigian. A roll call revealed 9 aye votes by Mr. Brotherton, Mr. Donigian, Mr. DaPuzzo, Mr. Jandris, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Rudolph and Mr. Roth.

E. DKT. #461, VISTA BAHN MAJOR SUBDIVISION

Bruce Whitaker, Esq. and Herb Schlesinger were present.

Mr. Whitaker reviewed the stipulations made at the last meeting.

Mr. Schlesinger addressed the issues raised in the Malcolm Pirnie report and described the pump system. The pumps are designed to be the responsibility of the homeowner.
Mr. Schlesinger stated that his consultant verified that the 2 inch line is adequate and this information was sent to Malcolm Pirnie.

Justin Mahon requested they provide a potential for 2 more home owners to hook into this system. There is the potential that the entire area could have sanitary sewers without any further expenditure by the township.

All other requests in the Malcolm Pirnie report of 9/22/03 have been complied with for both the water and sanitary sewer system.

In connection with comments raised by Mike Kelly, they have made modifications to the plans. Mr. Schlesinger reviewed these modifications to comply with Boswell’s report.

Mr. Schlesinger reviewed the technical variance for lot depth.

Mr. DaPuzzo addressed the environmental commission letter regarding the driveway coming in on Lot 3 and creating a damming issue. Mr. Schlesinger discussed this issue and indicated that they are waiting for an approval from the DEP for the driveway crossing of a wetland area.

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

Wayne McCabe, Consultant for the Township’s Historic Preservation Commission introduced himself. In answer to his question, Mr. Scandariato explained that they would take comments and testimony from the public after the Board has questioned the witnesses.

Richard Green, Sun Valley Farm introduced himself. He questioned whether the developer was purchasing the entire parcel. Mr. Whitaker answered that they are purchasing this particular tract and Constantine will retain the balance. He also questioned the historic easement and the drainage.

Mike Kelly is reviewing Mr. Schlesinger’s drainage report. His comments will be addressed at the next meeting.

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

VIII: ADJOURNMENT:

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


These minutes were prepared by Rosalie DeMartino


























Access For All Commission | Home | General Information Section | About Mahwah | Calendar of Events | Helpful Links | News & Announcements | Photo Journal | Elected Officials | Mayor's Online Office | Township Council | Boards, Commissions & Committees   | Government Representatives | Government | Bids, RFP's, RFQ's, Notice of Intent  | Community Emergency Response Team (CERT) | Contacts Directory | Departments | E-Mail Subscriptions | Emergency Services | Forms Center | Frequently Asked Questions | Meeting Agendas & Minutes | Municipal Code  | Senior Center | Township of Mahwah Police Department | SWIFT 911 Notification | Mahwah Museum | Mahwah Schools

Township of Mahwah, NJ

Copyright © 2006 Township of Mahwah, NJ. All Rights Reserved.

Powered by Cit-e-Net