FEBRUARY 14, 2005
6:45 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 7:00 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 audio tape recording is on file with the Board Secretary at the Planning Board Office, 475 Corporate Dr., Mahwah, N.J.
Copies of the tapes may be purchased for a fee.
PRESENT: Mr. Brotherton, Mr. J. Kelly, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Mr. DaPuzzo, Mr. Rudolph.
ABSENT: Mr. Lamster, Mr. Donigian
PROFESSIONALS: Peter Scandariato, Esq., Mike Kelly, P.E., Joe Burgis, P.P.
II. APPROVAL OF BILLS
1/11/05 Law Office of Carmine R. Alampi, Esq. $200.00
Peter J. Scandariato, Esq.
III. APPROVAL OF MINUTES
A motion to approve the minutes of January 10, 2005 was made by Mr. Crean and seconded by Mr. J. Kelly. All voted in favor.
FROM 12/6/04 MEETING:
1. DKT. #478 – NORTH JERSEY PARTNERS – MINOR SUBDIVISION
A motion to conditionally approve the Resolution was made by Mr. Trent and seconded by Mr. Brotherton. A roll call of eligible members revealed 6 aye votes by Mr. Brotherton, Mr. Crean, Mr. DaPuzzo, Dr. Ross, Mr. Trent and Mr. Rudolph.
2. DKT. #372-2A – STRYKER - AMENDED PRELIMINARY AND FINAL
A motion to conditionally approve the Resolution was made by Mr. Trent and seconded by Mr. Brotherton. A roll call of eligible members revealed 6 aye votes by Mr. Brotherton, Mr. Crean, Mr. DaPuzzo, Dr. Ross, Mr. Trent, Mr Rudolph.
3. E-BD-216-239-381 – ALBERT OFORI & ASTER PETROS, RIO VISTA
ESTATES – PHASE 12 – PLOT PLAN & SOIL MOVEMENT
A motion to conditionally approve the Resolution was made by Mr. Trent and seconded by Mr. Rudolph. A roll call of eligible members revealed 7 aye votes by Mr. Brotherton, Mr. Crean, Mr. DaPuzzo, Dr. Ross, Mr. Trent & Mr. DaPuzzo, Mr. Rudolph.
FROM 1/10/05 MEETING:
1. DKT. #470 – AIRMONT CONSTRUCTION LLC – PRELIMINARY
MAJOR SUBDIVISION AND SOIL MOVEMENT
A motion to conditionally approve the Resolution with corrections was made by Mr. Trent and seconded by Mr. Crean. A roll call of eligible members revealed 6 aye votes by Mr. Brotherton, Mr. Crean, Mr. DaPuzzo, Mr. J. Kelly, Dr. Ross, Mr. Trent, Mr. Rudolph and 1 nay vote by Mayor Martel.
V. OPEN TO THE PUBLIC
A motion to open the meeting to the Public was made by Mr. Jandris and seconded by Mr. Trent. All voted in favor.
John Spiech, 78 Island Rd., Mahwah appeared before the Board. He suggested looking into the reuse of waste water in certain large developments. He feels someone should be monitoring Fast Track which is a law that should go into effect on March 1st. There could be a loop hole where someone could by-pass the Planning Board on a local issue.
A motion to close the meeting to the Public was made by Mr. Brotherton and seconded by Mr. Trent. All voted in favor.
VI. PUBLIC HEARINGS
A. DKT. 481 – AIRMONT ACRES, LLC. – PRELIMINARY MAJOR SUBDIVISION, 272 AIRMONT RD., BL. 116, LOT 13
Darryl Siss, Esq., Attorney for the applicant appeared before the Board. The applicant proposes to subdivide the existing lot into 3 lots. The property is currently used as several pre-existing non-conforming uses such as a commercial nursery, a residence used by the applicant as his home and a building with residential apartments which were in use when the property was purchased several years ago.
Mr. Siss stated they are requesting a variance for the minimum rear yard setback of the existing accessory structure. The requirement is 17-1/2 ft and the existing structure is
4 feet from the property line.
The waivers being requested are as follows: The ordinance requires that practical side lot lines should be at right angles or radial to curb street and theirs are not. The cul-de-sac is required to be tangent to the right and their cul-de-sac is proposed to be tangent to the left.
They are also asking for a waiver from the RSIS for a site triangle on the one side of the proposed roadway since it is on property that they do not own. The applicant has met with the neighbor and she has consented to allow a small part of her property to be subject to the site triangle. The consent letter signed by Gretchen Heaney was marked Exhibit “A-1”.
Mr. Siss stated they will be putting in sidewalks.
Peter Kirch, Surveyor, 43 Spring Street, Ramsey was sworn in. The set of 8 sheets for a major subdivision plat for Airmont Acres LLC, Lot 13, Block 116, 272 Airmont Ave. dated November 24, 2004 was marked Exhibit “A-2”. Mr. Kirch also presented a Concept Plan for Bob Siestma dated March 1, 2004.
Mr. Kirch described the existing lot and the proposed subdivision. The proposal is to extend the proposed cul-de-sac along the southerly property line and subdivide the remaining piece into 3 building lots. The building that will remain is the two story masonry building with an apartment and the applicant will state that it will become a storage building.
Mr. Kirch explained the waiver for the cul de sac being tangent to the left. Mr. Kirch stated that he had a meeting with Ms. Winokur and Ray Roe of Emergency Management and Mr. Roe did not see any problem with fire trucks or emergency vehicles being able to navigate the cul de sac.
Mr. Siss addressed the comments in the letter from Joe Burgis, Town Planner regarding the accessory structure. Mr. Kirch stated it is 1-1/2 stories and will be corrected on the plan.
Mr. Siss addressed the letter from Boswell Engineering regarding the issue of drainage calculations on the plan. Mr. Kirch stated they will provide the calculations showing the reduction of at least 1/3 of the existing impervious coverage (existing 73,000 sq. ft. and proposed 26,000 sq. ft.) which he feels would not require any detention. They will also provide the 500 ft. drainage area map.
Mr. Siss stated that they will comply with the comments addressed in the Boswell Engineering letter.
There was a discussion regarding Lot 14 and the possibility of alleviating the problem of this property owner having two front yards. The Board asked Mr. Siss to approach the property owner and give them the option as to whether or not they would like to have two front yards with the availability at some future time of possibly having a driveway cut or put a one foot swath to eliminate this condition. Mike Kelly stated he would also approach the owner of Lot 14 to explain this situation.
Tom Ashbahian, Planner/Engineer, 39 Spring Street, Ramsey was sworn in. He described the improvements, roadway and utilities. Mr. Ashbahian stated they are willing to conform to the Town’s requirements for the paving thickness.
Mr. Ashbahian stated that all improvements indicated on the site are in conformance with all the bulk setbacks.
Mike Kelly asked Mr. Ashbahian if they propose to retain the full roof run-off from the proposed houses with seepage pits on site. Mr. Ashbahian answered yes.
In answer to Mike Kelly’s request regarding the 500 ft. drainage map, Mr. Ashbahian stated they will provide this plan. He also agreed to provide the grates that include the dump no waste-drains to river stamp as required by the town.
Mr. Ashbahian stated that they agree to meet the issues addressed in the Boswell letter dated January 20, 2005.
Mr. J. Kelly referred to Malcolm Pirnie’s letter dated January 25, 2005, Page 5, Item #14.
Mr. Ashbahian will address this comment with Justin Mahon from Malcolm Pirnie for an interpretation.
In answer to Mayor Martel’s question regarding answers to Boswell’s letters from applicants, Mike Kelly informed him that the applicant is required to address these comments with a revised set of plans to their satisfaction. If revised plans are not necessary for some of the comments, Mr. Kelly stated that included in his report is a request that the applicant should provide testimony for the Board on these items.
Mr. Brotherton referred to the Board of Health’s review report denying this application. Mr. Ashbahian stated they will locate the potable wells and will provide a note that they will be sealed by a licensed well driller.
Robert Siestma, 272 Airmont Ave. was sworn in. He is the only member of Airmont Acres, LLC.
Dr. Ross inquired about the purpose of the accessory structure. Mr. Siestma stated it would be used for storage and would remove the kitchen. Plumbing and electric would remain for future use as a cabana. This would be a condition of approval.
Mr. Siestma stated there is one well on the property directly behind his house and is still in use.
A motion to open the meeting to the Public was made by Mr. DaPuzzo and seconded by Mr. Jandris. All in favor.
A motion to close was made by Mr. Jandris and seconded by Mr. Crean. All in favor.
The Board requested a written response from the neighbor on Lot 14 regarding her decision.
Public Hearing was continued on March 14, 2005.
VII: WORK SESSION
A. DKT. #455-F – WOODCLIFF LAKE DEVELOPERS - FINAL MAJOR
Thomas Van Dam, Attorney for the applicant appeared before the Board.
Mike Kelly indicated that the final subdivision plat that was submitted is the same as the preliminary subdivision plat. He stated they take no exception to the execution of this map once they receive final approval. One condition of the preliminary approval was the applicant making their submission to the sidewalk bank for the sidewalks. The applicant stated they have no problem submitting the $78,000.00 once the final approval is granted. The applicant has County approval.
A motion to approve was made by Mr. DaPuzzo and seconded by Mr. Crean. A roll call of members present revealed 9 aye votes by Mr. Brotherton, Mr. J. Kelly, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Mr. DaPuzzo and Mr. Rudolph.
B. T/A 05-2003 (TA95-2031) – D & S INDUSTRIAL ASSOCIATES,
65 RAMAPO VALLEY RD.
John Solokowski, 45 Nielson Ave. appeared before the Board. The applicant proposes to put in 8 parking spaces by building #67 to accommodate the tenant. This is an amendment to a previously approved tenant application.
A motion to approve subject to Mike Kelly and Mara Winokur’s approval was made by Mr. DaPuzzo and seconded by Mr. Jandris. A roll call of members present revealed 8 aye votes by Mr. Brotherton, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Mr. DaPuzzo and Mr. Rudolph. Mr. J. Kelly recused himself.
C. T/A 05-2002 (TA04-2002)C & M LANDSCAPE CONTRACTORS, 92 N.
Bruce Whitaker, Attorney for the applicant appeared before the Board.
Mr. Whitaker stated there was a previously approved tenant application for a portion of this site and the applicant wishes to use more of the site for his landscaping business.
Mr. Whitaker referred to the previous Resolution which indicated that the approved use shall not be expanded and no other uses including but not limited to retail sales shall be permitted on the lease premises. The applicant is not proposing to do retail sales but they are expanding the use. This is the reason why they are before the Board.
Mr. Whitaker addressed the Tenant Routing Sheets sent to him by the Planning Dept. No fertilizer or chemicals will be stored on site.
In answer to Mike Kelly’s question, Mr. Whitaker stated the 8 parking spaces will remain as gravel.
A motion to approve with the same previous conditions was made by Mr. DaPuzzo and seconded by Mr. Trent. A roll call of members present revealed 9 aye votes by Mr. Brotherton, Mr. J. Kelly, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. DaPuzzo, Mr. Crean and Mr. Rudolph.
D. T/A04-2006A – LORENZO LANDSCAPING, CEDAR HILL AVE., BL. 70,
Robert Zisgen, Attorney for the applicant appeared before the Board.
The applicant is requesting an extension of his tenant application. At the last meeting the Board had questions and concerns regarding the storage of chemicals on the property. Mr. Zisgen referred to his letter dated January 25, 2005 which included the list of chemicals being stored. This list has also been provided to the Mahwah Fire Dept.
Mr. Zisgen stated that this list had been furnished to Mr. Ostrow of the Health Dept. in connection with Mr. Lorenzo’s application for the proposed building and landscaping business located at 111 Christie Ave. Mr. Ostrow requested that the parking lot remain graveled and the chemicals be stored in a locked container. Mr. Lorenzo stated that these chemicals are not restricted and can be purchased locally. Any mixed chemicals are stored in the truck and not on the premises.
In answer to Mr. J. Kelly’s question, Mr. Zisgen stated that if the Board of Adjustment approves Mr. Lorenzo’s application for Christie Ave., this site (Cedar Hill) will revert to storage of plant stock only and the parking of 2 trucks.
A motion to approve for a permanent tenant approval was made by Mr. DaPuzzo and seconded by Mr. Jandris subject to a determination by the Board of Health regarding the toxicity and limited use of the chemicals listed in Mr. Zisgen’s letter dated January 25, 2005 and the use of any other chemicals not appearing on this list. A roll call of members present revealed 7 aye votes by Mr. Brotherton, Mr. Jandris, Mayor Martel, Mr. Trent, Mr. Crean, Mr. DaPuzzo, Mr. Rudolph; 1 nay vote by Dr. Ross and 1 abstention by Mr. J. Kelly.
VIII: PUBLIC HEARING (CONT’D)
A. DKT. #376-S, DANZA, HALIFAX RD., BL. 1, LOTS 130.02 AND 130.03
SOIL MOVEMENT APPLICATION
Bruce Whitaker, Attorney for the applicant appeared before the Board. The applicant is seeking approval for a soil movement for the two lots that had been previously approved in a subdivision. The subdivision has been perfected and the map has been recorded at the Bergen County office.
Alex Zepponi, Engineer, 535 High Mountain Rd., North Haledon was sworn in. Mr. Zapponi addressed the plan submitted with the soil movement application.
Mr. Whitaker referred to Boswell’s Engineering report dated January 17, 2005. Under questioning by Mr. Whitaker regarding this report, Mr. Zepponi stated the following:
1. The septic design has been submitted to the Township Health Dept.
2. They have modified the plan to show a 5 ft. wide sidewalk.
3. The shade trees are shown on the plans.
4. Retaining wall elevations are provided. Mr. Whitaker stated this is subject to
Mr. Kelly’s review of the stabilization of these walls. Mr. Kelly asked the maximum height of the proposed walls. Mr. Zepponi stated they are a little over 4 feet and no walls will be greater than 6 feet in height.
5. The amount of disturbance (25.5%) is identical to the amount shown on the
original subdivision and the variance was previously granted by the Planning Bd.
6. House numbers will be provided.
7. The applicant is aware that if the soil comes from outside of Mahwah, it must be tested.
8. They will comply with comments on drainage, wetlands/environmental.
9. They will apply for an exemption from the Highland Preservation Commission. Mike Kelly stated that if any changes are proposed based on any requirements by the Highlands Preservation Commission the applicant should be required to come back to the Planning Board. The applicant agrees.
Mr. Jandris referred to Item #23 regarding the portion of Havemeyer Brook along the north property line as being classified Category 1 (C-1) and has a 300 ft. buffer. Mr. Whitaker stated it is grandfathered. Mike Kelly indicated that they will require a jurisdictional determination from the DEP stating that if the Havemeyer Brook is required to have a 300 ft. buffer this plan is acceptable as submitted or revisions need to be made.
Mike Kelly asked that concrete monuments be installesd where the buffer crosses the property line and iron rods where the buffer changes direction.
A motion to open the meeting to the Public was made by Mr. DaPuzzo and seconded by Mr. J. Kelly. All in favor.
Paul Dennis, 101 Halifax Rd. was sworn in. He read a letter that he wrote to the Planning Board members and signed by some of the neighbors requesting the applicant receive every approval from NJDEP and Highlands Commission before proceeding. Dr. Ross explained that no work can be started without these approvals.
John Spiech was sworn in. He asked if the well site (#19) registered with the DEP is still in existence. Mr. Zepponi answered it is off the property. There was a discussion regarding this well site and Mr. Whitaker stated there is no easement in the chain of title to the Township of Mahwah on this property. Mr. Spiech asked that this be investigated and suggested they contact Malcolm Pirnie.
Betsy Cohen, Chairperson of Sierra Group, Fort Lee, N.J. appeared before the Board. She asked about the DEP and Town approval. The final approval was received 2/24/03.
A motion to close the meeting to the Public was made by Mayor Martel and seconded by Mr. Brotherton. All in favor.
A motion to approve was made by Mr. Brotherton subject to all approvals by DEP, Highlands Commission and Board of Health and seconded by Mr. J. Kelly. A roll of members present revealed 9 aye votes by Mr. Brotherton, Mr. J. Kelly, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Mr. DaPuzzo, Mr. Rudolph.
IX. WORK SESSION (CONT’D)
A. COMMITTEE REPORTS:
1. TAO5-2001 – RED BANDANA, 27-35 FRANKLIN TURNPIKE
A motion to approve was made by Mr. Brotherton and seconded by Mr. Crean. A roll call of eligible members revealed 9 aye votes by Mr. Brotherton, Mr. Kelly, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Mr. DaPuzzo, Mr. Rudolph.
2. PRESTIGE MOTORS, INC.
Dr. Ross referred to the letter sent to John Lane by Mara Winokur regarding the parking of cars behind 100 Corporate Dr.
3. MACARTHUR REALTY, 1400 CORPORATE DR.
Dr. Ross asked the members if they would ask the Council to reconsider allowing the use of a catering hall in the IP120 zone. Mayor Martel stated that he felt the Board should not make a recommendation but have the Council look into the IP120 zone permitting another use. The Board members voted yes to having Ms. Winokur write a letter to the Council to reconsider this.
A motion to adjourn the meeting was made by Mr. Jandris and seconded by Mr. Brotherton. All in favor. The meeting was adjourned at 9:34 p.m.
These minutes were prepared by Rosalie DeMartino.
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