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TOWNSHIP OF MAHWAH
MINUTES

JUNE 14, 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, Mr. Donigian, Mr. DaPuzzo, Mr. Jandris, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Rudolph and Mr. Roth.

ABSENT: Mayor Martel, Mr. Lamster.

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

II. APPROVAL OF BILLS

5/10/04 Law Offices of Carmine R. Alampi, Esq. $400.00
Peter Scandariato, Esq.

5/10/04 Law Offices of Carmine R. Alampi, Esq. $467.50
Perer Scandariato, Esq.

A motion to approve the bills was made by Mr. Crean and seconded by Mr. Jandris. All in favor.

III. APPROVAL OF MINUTES

The following corrections are to be made to the minutes of May 10, 2004.

Page 3, Paragraph 5 – Should read “The two trees along the roadway will be preserved and will be protected during construction.

Page 3, Docket No. 468 – Mr. Jandris recused himself.

Page 5, Docket No. 467 – Paragraph 7, Line 1 – omit “front yard of the neighbors” and add “neighbors’ driveways”.

A motion to approve the minutes of May 10, 2004 with corrections was made by Mr. Brotherton and seconded by Mr. Trent. All in favor.

IV. RESOLUTIONS

FROM 5/10/04 MEETING

1. DKT. #467 BRANDYWINE HOMES

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

FROM 5/24/04 MEETING

1. DKT. #454, LIBERTY HYUNDAI

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

V. OPEN TO THE PUBLIC

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.

VI. PUBLIC HEARINGS

A. DKT. #472, COTTONNE – MAJOR SUBDIVISION, MATTHEW PL. &
FARDALE AVE.

Notices were in order.

Herbert Schlesinger, Conklin Associates, 29 Church St., Ramsey, N. J. was sworn in.
He submitted both Preliminary and Final Site Plans to the Board. There will be no extension of off-tract improvements. The applicant wishes to create 4 lots from the 3 lots that exist. The property is in a split zone (R-20 front & R-40 rear).

Mr. Schlesinger addressed the issues raised by Mr. Burgis. There are no deed restrictions or easements on the property and Mr. Cottonne forwarded a copy of the deeds to Burgis Associates.

Referring to the split zoning issue Mr. Schlesinger explained the waiver requested for keeping the R-20 zone regulations to the proposed lot.

The trees will be shown on the soil movement plans for the individual lots.

In answer to Dr. Ross’s question, Mr. Schlesinger stated that the new lot will be serviced by sewer.

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

Peter Allen, 15 Morris Ave. appeared before the Board. He questioned the zoning on the property.

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 approve the Application subject to the delineation of the R-20 and R-40 zone and that they be observed was made by Mr. DaPuzzo and seconded by Mr. Crean. A roll call of members present revealed 9 aye votes by Mr. Brotherton, Mr. Donigian, Mr. DaPuzzo, Mr. Jandris, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Rudolph, Mr. Roth.

B. DKT. #470 & #470-S, AIRMONT CONSTRUCTION, LLC., BL. 123, LOT 8

Notices were in order.

Gail Price, Attorney for the applicant appeared before the Board. The applicant is seeking to subdivide the existing parcel of land into 4 lots. Two homes will be marketed for sale and the remaining two will be built for occupancy by the applicants.

Ms. Price stated that in addition to the approval from the Planning Board they will need Bergen County Soil Conservation District approval and Bergen County Planning Board approval. A request has been made for confirmation of the Letter of Interpretation from the DEP on the Wetlands which is indicated on the plans. Ms. Price marked a letter dated October 17, 2003 from the NJDEP entitled Letter of Interpretation Line Verification as “A-1”.

The applicant is seeking a lot depth variance for 3 of the lots. The required lot depth is 175 feet and they are proposing 172.8 feet.

Ms. Price stated they meet the RSIS standards and exceed those standards in certain areas. They are seeking a de minimis relief from some areas from the RSIS which is indicated in Mike Kelly’s report and Mr. McGowan will address these this evening.

Ms. Price referred to a report from Hormoz Pazwash dated April 23, 2004 and stated they will be meeting with him to work out the technical details.

Ms. Price addressed the Boswell Engineering Report dated May 5, 2004. She stated they have no problem with Mr. Kelly’s comments. Items #23 & 24 will be addressed by Mr. McGowan.

Michael McGowan, P.E., 115 Franklin Turnpike was sworn in. He was accepted as an expert witness.

Ms. Price marked the site plans dated October 31, 2003 for reference as follows:

Exhibit “A-2” – Cover Sheet
Exhibit “A-3” – ES-1 Existing conditions
Exhibit “A-4” – Grading & Utility
Exhibit “A-5” – Construction details

Ms. Price stated that a soil movement permit has been filed in conjunction with this application.

Under questioning by Ms. Price, Mr. McGowan described the existing conditions of the subject property and the proposed major subdivision. The property is 4.95 acres to the east of Airmont Rd. This project does not propose any disturbance to the Wetlands.

The applicant is proposing 4 lots along the northern property line and approximately a
750 foot straight cul de sac with no horizontal curves along the southern property line.
Mr. McGowan stated that each property owner would have to submit individual plot plans to the town and obtain building permits for each lot.

Ms. Price stated because this property fronts on a county road, this application will have to go to the County Planning Board for approval for the design of the roadway.

In answer to Mike Kelly’s comments on Item #24, Ms. Price stated that they are agreeable to the preparation and institution of enforceable deed restrictions that would have the owners of the 4 lots responsible for the repair and maintenance of the underground storm water facility. They would also provide an easement for the right of emergency access on behalf of the Township for any repairs or maintenance.

There was a discussion regarding the Board’s concern with the adjacent home owner’s lots having two front yards stated in #25 of Mr. Kelly’s report. Ms. Price will look into this matter with the Planner and Mike Kelly.

Mr. McGowan explained why there is a site distance of 280 ft. where 400 ft. is required.
They are asking for a waiver for sidewalks within the subdivision which are required by RSIS.

Mr. McGowan asked if the Board is requiring street lights. The Board is asking the applicant to provide some type of street light. Mr. Kelly stated that the type of lights would be under Orange & Rockland’s jurisdiction.

In answer to Mr. Kelly’s question regarding the waiver for slopes up to 1:2, Mr. McGowan stated they cannot meet the slopes up to 1:4 as required by code because of the site distance issue. Mr. Kelly asked if they would consider reducing the slopes. Ms. Price stated they would look into this issue.

Mr. Kelly commented on his concern regarding the site distance and indicated that the site distance is under the jurisdiction of both the County and the Township.

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

Joseph Shank, 145 Airmont Ave., (Lots 19 & 20) appeared before the Board. His concern was the retention wall that is to be placed at the end of the property line and the fact that it will destroy 8 existing trees that are on his site. Ms. Price stated that there is an agreement between the applicant and Mr. Shank to protect these trees.

George Fusiek, 9 Carol Street appeared before the Board. He questioned the distance between his property and the proposed site.

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

Public Hearing will continue on July 12, 2004.

VI: WORK SESSION:

A. DKT. #474, CENTER FOR FOOD ACTION – MINOR SUBDIVISION

James Jaworski, Attorney for the applicant was present.

The applicant is requesting a two lot minor subdivision with respect to the property owned by the Mahwah Board of Education, Block 135, Lots 50 & 54.

Jeffrey Klein, Lapatka Associates appeared before the Board. Mr. Klein explained the subdivision. This subdivision comports with the PED criteria under Ordinance 1448.

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

B. COMMITTEE REPORTS

1. T/A 04-2012 TELECOM SUPPORT SPECIALISTS, 777 CORPORATE DR.

A motion to approve 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, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Rudolph, Mr. Roth.

2. #04-003T, 44 BRAMSHILL TRAILER APPLICATION

Applicant did not show. The Board recommends they continually be fined on a daily basis.

C. LOT DEPTH DEFINITION

Joseph Burgis stated they submitted a memo with their recommendation on January 14, 2004 regarding this. Mayor and Council sent this back to the Planning Board for a Resolution.

Mr. Burgis stated that this proposed ordinance is consistent with the Master Plan.

A motion to approve with the condition that sketches be attached to the Resolution was made by Mr. Brotherton and seconded by Mr. Trent. A roll call of members present revealed 8 aye votes by Mr. Brotherton, Mr. Donigian, Mr. Jandris, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Rudolph and Mr. Roth. Mr. DaPuzzo recused himself.

A motion to adjourn was made by Mr. Trent and seconded by Mr. Crean. All in favor. Meeting was adjourned at 10:05 p.m.





These minutes were prepared by Rosalie DeMartino.








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