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TOWNSHIP OF MAHWAH PLANNING BOARD
MINUTES
JANUARY 26, 2004


7:30 P.M. SUB-REVIEW COMMITTEE MEETING

1. 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, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Lamster, Mr. Rudolph, Mr. Roth.

ABSENT: Mr. Donigian, Mr. DaPuzzo, Mr. Jandris, Mayor Martel

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

II. APPROVAL OF BILLS

None

III. APPROVAL OF MINUTES

Page 1: Add Mr. Rudolph’s name to “Present”.

A motion to approve the minutes of December 15, 2003 with correction was made by Mr. Brotherton and seconded by Mr. Trent. All in favor.

Page 6: #2 – Change the word higher to read “brighter”.

A motion to approve the minutes of January 12, 2004 with correction was made by Mr. Brotherton and seconded by Mr. Trent. All in favor.

IV. RESOLUTIONS

None.

V. OPEN TO THE PUBLIC
A motion to open the meeting to the public was made by Mr. Lamster and seconded by Mr. Crean. All in favor.

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

VI. WORK SESSION

A. DKT. #458, NELSON, 118 REICH AVE., BL. 40, LOTS 69 & 70, TIME
EXTENSION REQUEST – MINOR SUBDIVISION

William Gahwyler, Esq. appeared on behalf of the applicant. They are requesting a one month extension of time to submit the required changes to the plat map as required by Boswell Engineering. The applicant changed Engineers and Mr. Gahwyler was unaware that new plans had not yet been submitted.

Mr. Kelly suggested the Board grant a 190 day extension. A motion to approve this extension was made by Mr. Brotherton and seconded by Mr. Trent. A roll call revealed
6 aye votes by Mr. Brotherton, Dr. Ross, Mr. Trent, Mr. Lamster, Mr. Rudolph and Mr. Roth. There was 1 abstention by Mr. Crean.

VII. PUBLIC HEARINGS

A. EBD-216-239-367, POTENZA, BL. 23.02, LOT 14, 1 FINN CT., SOIL

Notices were in order.

Thomas Potenza, 1 Finn Ct. and Steve Miller of Stephen J. Miller Enterprises, 28 Ramapo Valley Rd. were sworn in. Their request is to put in a swimming pool, detached spa, vault cabana, patio and barbecue.

Mike Kelly indicated that they should use seepage pits for the rear yard. Mr. Miller stated that they would comply with Mr. Kelly’s request. The revised plans dated
January 14, 2004 shows the seepage pits. Mr. Kelly also indicated that they would be responsible for any curb damage done during construction.

Mr. Brotherton opened the meeting to the public and seconded by Mr. Trent. All in favor.

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

A motion to grant conditional approval was made by Mr. Brotherton and seconded by Mr. Trent. A roll call revealed 7 aye votes by Mr. Brotherton, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Lamster, Mr. Rudolph, Mr. Roth.

B. DKT. #464 DEVINE, MINOR SUBDIVISION

Notices were in order.

Michael Devine, 28 River View Terrace and Matthew Clark P.E., MCB Engineering Associates, Totowa, N. J. were sworn in.

Matt Rogers, Esq. appeared before the Board on behalf of the applicant.

Mr. Rogers called Mr. Clark and asked him to state his credentials. The Board accepted him as an expert witness. He stated that this application proposes to subdivide existing tax lots 8, 9, 5.01 and 6.01 in Block 16 into two lots. The entire parcels add up to approximately 2.04 acres. The subdivision creates two lots as follows: Proposed Lot “A” consisting of .933 acres and proposed Lot “B” consisting of 1.107 acres.

They are seeking two variances for pre-existing, non-conforming conditions which are related to the front yard setback and the accessory structure.

Since this property is not located on a county road nor does it affect any of the county facilities, Mr. Clark believes this application will be deemed “exempt” from County Planning Board approval.

The applicants agree to provide the Township with a drainage ditch on the property. The easement should give the Township the right to access if necessary; however, is not to obligate maintenance by the Township. The drainage ditch is to be maintained by the property owner. If it is not maintained, the township has the right to maintain it and then put a lien on the house. The applicant has agreed to this

In answer to Mr. Crean’s question regarding the Board of Health’s denial, Mr. Clark stated that in response to the Board of Health’s request, they will provide revised plans showing the location of the well and sewer.

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

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

A motion to approve with conditions set forth by Mike Kelly and Board of Health was made by Mr. Trent and seconded by Mr. Crean. A roll call revealed 7 aye votes by Mr. Brotherton, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Lamster, Mr. Rudolph, Mr. Roth.

C. DKT. #462 RUSSO DEVELOPMENT, LLC MACARTHUR BLVD.

Public Hearing is carried to March 8, 2004.

VIII. WORK SESSION

A. DKT. #465, SWISHER, MINOR SUBDIVISION, BL. 87 LOTS 6, 7, 28, 29,
30 & 31

This matter was carried from the Public Hearing to this work session since no variances were requested and there was no need to notice.

Peter Kirch of Surveying Technologies, 23 Spring St., Ramsey, N. J. was sworn in. He is appearing before the Board of behalf of the applicants Mr. & Mrs. Alfred Swisher and their son Greg Swisher.

Greg Swisher’s property is located at 12 Alcott Rd which is 15,000 sq. ft. and his parents live directly behind him at 23 Armour Rd. and their property is 25,000 sq. ft. They are proposing to transfer 5,000 sq. ft. of Mr. & Mrs. Swisher’s property to Greg Swisher’s lot making each lot 20,000 sq. ft.

The applicant has agreed to move the temporary shed and Jacuzzi to conform to code.

A motion to approve was made by Mr. Lamster and seconded by Mr. Trent. A roll call revealed 7 aye votes by Mr. Brotherton, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Lamster, Mr. Rudolph and Mr. Roth.

B. COMMITTEE REPORTS

None

C. OLD/NEW BUSINESS

1. DANCO CORP. – Disposition of contribution for proposed walkway,
Fardale Estates, Dkt. #110.

There was a discussion regarding the $4,000 contribution given to the Township of Mahwah for a proposed walkway which the Board of Education no longer needs. Danco Corp. would like to give it to the Library. Since the Board does not know if this is feasible, they will check into this matter.


A motion to adjourn the meeting was made by Dr. Ross and seconded by Mr. Trent. All in favor. The meeting was adjourned at 8:50 p.m.




These minutes were prepared by Rosalie DeMartino.






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