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TOWNSHIP OF MAHWAH PLANNING BOARD
MINUTES

JULY 11, 2005


6:45 P.M. SUB-REVIEW COMMITTEE

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, M.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, Ms. Richter, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. DaPuzzo, Mr. Donigian, Mr. Rudolph (7:20 p.m.)

ABSENT: Mr. Crean, Mr. Lamster

PROFESSIONALS: Peter J. Scandariato, Esq., Mike Kelly, P.E., Joe Burgis, P.P.

II. APPROVAL OF BILLS

6/30/05 Harwood Lloyd, LLC $864.55

III. APPROVAL OF MINUTES

A motion to approve the minutes of June 27, 2005 was made by Mr. Brotherton and seconded by Mr. Trent. All voted in favor and Mr. DaPuzzo and Ms. Richter abstained from voting.

IV. MEMORIALIZING RESOLUTONS

FROM JUNE 27, 2005 MEETING

1. DKT. #487 – FRANKLIN TURNPIKE CONSTRUCTION, 711 RAMAPO
VALLEY RD.

A motion to approve was made by Mr. Brotherton and seconded by Mr. Trent. A roll call of eligible members revealed 5 aye votes by Mr. Brotherton, Mr. Jandris, Dr. Ross, Mr. Trent, Mr. Donigian.

2. DKT. #372A-5 & 372A-5(S) – STRYKER ORTHOPAEDICS, 325
CORPORATE DRIVE.
3. DKT. #TA-05-2021 – MARTAB PHYSICIAN & HOSPITAL SUPPLY, 300F
ROUTE 17 SOUTH
4. DKT. #TA-04-2011A-2 –GLOBAL BUSINESS ASSOC. & EXCHANGE, 40
FRANKLIN TURNPIKE

A motion to approve was made by Mr. Trent and seconded by Mr. Donigian. A roll call of eligible members revealed 5 aye votes by Mr. Brotherton, Mr. Jandris, Dr. Ross, Mr. Trent, Mr. Donigian.

V. WORK SESSION

A motion to enter into work session was made by Mayor Martel and seconded by Mr. Brotherton. All voted in favor.

A. CONCEPTUAL PRESENTATION – SALT SHED, MICIK LANE,
TOWNSHIP OF MAHWAH

Nilufer Descherer, Assistant Township Attorney appeared before the Board. She stated the Township is proposing a salt storage facility on Block 27, Lot 102 located in the GI80 zone.

This particular project is part of the 2005 Capital Budget. Although they are not required to send notices to owners within 200 ft., Ms. Descherer stated they did so as a courtesy.

The Township purchased this property with the intention of relocating the DPW operations as well as addressing future storm water management needs. The most urgent is the need to construct the salt shed.

Michael Kelly, Township Engineer appeared before the Board to describe the project. He stated the Township owns three lots off of Micik Lane consisting of 7.58 acres. This site was the former Raia Concrete Plant and they are proposing to remove a number of the existing buildings that are currently located on the site. Mr. Kelly presented a Master Plan for the development of the entire site. At this point they are only proposing to construct the salt shed. There are 5 components to this site. It will contain a future recycling center at the east side of the site, the salt storage facility at the south end, the parking that will be proposed for the DPW employees, visitors parking and a future DPW garage. The recycling center will be positioned at the east end of the site to allow residents to come down Micik Lane to drop off recycles. Another proposed improvement is for a storm water detention system which will be a dry detention basin.

Mr. Kelly stated the Town is in the process of receiving a $150,000 grant from the NJDEP to do a storm water management study for the Cragmere Area. Some residents are experiencing flooding and the purpose of this detention basin is to retain the storm water during the times of heavy rain.

Mr. Kelly stated they are proposing to have the salt storage facility as far away from the residents as practical. Mr. Kelly described the area which will not be disturbed and no trees will be removed to protect the buffer from the residential area.

Mr. Kelly described the proposed salt storage facility as a barn style self storage facility which eliminates leaching into the ground water system. The building will be 60 x 94 ft. wide with a 25 ft. lean-to, 40 ft. high and a capacity of 3,000 tons.

Mayor Martel asked what the base for the salt is going to be. Mr. Kelly stated it would be asphalt, described the design and indicated there would be no chance of seepage into the ground.

Mr. Donigian had a concern regarding the recycling center being close to the residential zone as opposed to the salt shed being placed there. Brian Campion, Business Administrator explained the reason for doing this. It would be less of an impact on the residents.

In answer to Mr. Donigian’s question, Mr. Campion stated all tanks were removed and received a no further action letter.

Mr. Campion stated that the DPW was involved in this process and they are satisfied with the design.

In answer to Mr. DaPuzzo’s question regarding the asphalt floor, Mr. Kelly stated it is a
6 inch thick asphalt slab and is more economically feasible.

A motion to open to the Public was made by Mayor Martel and seconded by Mr. Jandris. All voted in favor.

The following residents appeared before the Board:

Loretta Cicchelli, 28 Wanamaker Ave. voiced her concerns and stated she was not in agreement with this proposal. She feels this would be a negative impact on her neighborhood.

Mr. Campion explained this is a Conceptual Plan and the only consideration at this point would be the salt shed. He stated the only point of entrance would be from a commercial road and not Gardiner Street. The Town will not be constructing any structures behind Wanamaker Ave. at this time.

Mayor Martel asked that the concerns and questions be limited to the construction of the salt shed. The residents will have the opportunity to voice their concerns at a later date for future construction on this site.

Mrs. Cicchelli indicated that the residents were concerned about the additional truck traffic and the noise coming from these trucks loading and unloading the salt. She also asked if the Town looked at any other site.

Mr. Scandariato stated that these questions are to be presented to the Town Council. He explained that the Planning Board’s powers under the Municipal Land Use Law are very limited with regard to Capital Improvements by the Governing Body. The Planning Board has to make a recommendation to the Township Council but it has to be in conjunction with the Master Plan.

Mayor Martel indicated to Mrs. Cicchelli that they are not approving this site but making a recommendation to the Council. Any further concerns should be addressed to the Council.

Chris Schutz, 34 Wanamaker Ave. asked about the Master Plan. Mr. DaPuzzo stated it is on file at the Clerk’s Office.

Lori Mennela, 32 Wanamaker Ave. asked about the Council meetings.

David Line, 11 Gardiner St. had concerns about the demolition of the buildings. The Town will have to address any issues concerning this by way of a demolition permit.

A motion to close the meeting to the Public was made by Mr. Rudolph and seconded by Ms. Richter. All voted in favor.

Ms. Richter recused herself from voting.

Mr. Burgis addressed the Master Plan and stated that this plan designates the southerly two-thirds of this tract for industrial use. This use is consistent with the range of uses spelled out in the Master Plan. Based on this the Planning Board can conclude that the proposal is consistent with the Master Plan recommendation.

A motion to recommend the proposal for the construction of the salt shed only to the Town Council was made by Mayor Martel and seconded by Mr. Donigian. A roll call of members present revealed 8 aye votes by Mr. Brotherton, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. DaPuzzo, Mr. Rudolph and Mr. Donigian. Mr. Donigian asked that as a courtesy the residents within 200 ft. of this property be noticed for the future proposals on this site.

VI. PUBLIC HEARING

A. E-BD-216-392 – GREWAL, 53 WALSH DR.
Bruce Whitaker, Attorney for the Applicant appeared before the Board.

Notices were in order.

Tibor Latincsics, P.E. of Conklin Associates was sworn in. He prepared the plan titled Soil Erosion and Sediment Control Plan, Plot Plan for Lot 11, Block 21.06 for Mr. & Mrs. Gewal dated 4/28/05 which was marked Exhibit “A-1”.

A single family home is proposed with a circular driveway. Tibor stated there are rock out crops on the property which have to be blasted away. There is a total cut of 4,397 cubic yards of which 3,683 cubic yards will be exported from the site. They are requesting a waiver for slopes greater than 1V:4H. The applicant proposes 1V:3H slopes to minimize the grading. Tibor stated there are 43 trees to be removed and there will be 11 replacement trees. The applicant has received Soil Conservation approval.

Mr. Whitaker addressed the Boswell Report dated June 10, 2005. Tibor stated they can comply with all comments made in the report.

Dr. Ross questioned Tibor on the blasting of the rock out crops in view of the proximity of the water tower. Tibor stated they are at least 3,000 feet from the water tank.

Mike Kelly stated they will need to obtain the necessary permits from the state and town to blast on this site. He asked if Tibor could rip the rock on this site. Tibor stated this would not be known until they started.

Dr. Ross asked the Township Engineer to be certain that the blasting does not affect the Water Tower. Mike Kelly agreed.

Mike Kelly requested drainage calculations from the applicant’s engineer in support of the seepage pits.

In answer to Mr. Donigian’s question, Tibor stated there is a conservation easement at the lower portion of the property. Mike Kelly stated the conservation easement was approved by the DEP when they received all the approvals for Rio Vista.

Mr. DaPuzzo requested that the conservation area be monumented.

A motion to open the meeting to the Public was made by Mr. Donigian and seconded by Mayor Martel. All voted in favor.

A motion to close was made by Mayor Martel and seconded by Mr. DaPuzzo. All voted in favor.

A motion to conditionally approve was made by Mr. DaPuzzo and seconded by Mayor Martel. A roll call of members present revealed 9 aye votes by Mr. Brotherton, Ms. Richter, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. DaPuzzo, Mr. Rudolph and Mr. Donigian.

B. DKT. #488 & 488(S) – SMS DEVELOPERS, AIRMOUNT RD.

Bruce Whitaker, Attorney for the Applicant appeared before the Board.

The applicant is proposing a 9 lot subdivision for Block 109.01, Lots 2 & 3. The property is in the R20 zone and all lots will be conforming. They are also seeking a soil movement approval for 9,375 cubic yards.

At the request of Mike Kelly of Boswell Engineering, Mr. Whitaker stated they will have a Homeowner’s Association because certain lots will have a drainage responsibility.

Peter Kirch, P.L.S., 43 Spring St., Ramsey, N. J. was sworn in as a Professional Land Surveyor. The property is located on Airmount Rd. opposite Sunnyside Rd. and Judith Ann Court and is approximately 6.0 acres. Mr. Kirch stated they are proposing a cul-de-sac extension road into the center of the property. The road will be approximately 650 linear ft. of length.

There are two areas of wetlands that were established on the property. An LOI was obtained from the DEP in 1997 accepting the delineation of the wetlands shown on the subdivision plans. The DEP verified that in a reaffirmation letter in 2003. They also established that the northerly wetlands closest to Airmount Rd. are isolated wetlands. The southerly wetlands are not isolated wetlands.

Mr. Kirch stated they are proposing to fill up to one acre of wetlands in the isolated area and the southerly wetlands will not be touched. They are proposing a buffer averaging plan around the buffer strip on the southerly side.

Mr. Kirch stated the only zoning waiver being requested is the lot lines being perpendicular or radial to the front street line.

The subdivision will be serviced by all utilities.

Plans dated March 25, 2005 prepared by Mr. Kirch and Mr. Ashbahian consisting of 10 pages was marked “A-1”.

A final subdivision plat entitled Final Map of Paddington Square, Sheet 4 recorded in the Bergen County Courthouse on January 11, 1990 as file map 8712 was marked “A-2”. It depicts a 15 ft. wide sewer easement connecting to the southeast corner of the applicant’s property.

Mr. Kirch explained the waiver for the lot lines. He stated that if the lot lines were made radial they would incur further variances. Most likely in regards to lot width.

Mr. Whitaker stated they are not proposing sidewalks but will fund the cost of the sidewalks into the sidewalk bank. Mr. Kirch stated there are no existing sidewalks along Airmount Rd.

Regarding the RSIS standards, Mr. Kirch described the waivers requested as well as the requests to exceed the RSIS requirements.

Regarding the Boswell Report dated May 27, 2005, Mr. Whitaker asked if Mr. Kirch can comply with the requests for additional information to be placed on the plan. Mr. Kirch indicated they would have no problem in doing this and will be placed on the revised plans.

Mr. DaPuzzo had a question regarding sidewalks. Mr. Kirch stated they show sidewalks on one side of the road. They meet RSIS standards. They are asking for a waiver from the township standards to allow sidewalks on one side of the road.

Mr. Kirch stated that they are awaiting information from Rockland Electric indicating where they will place their poles and transformers.

Mayor Martel asked whether or not they can eliminate the waiver for lot lines if they reduce the number of proposed lots. Mr. Kirch could not give a definite answer at this time. Mayor Martel indicated that he will address this again at a later date.

Mr. Burgis asked Mr. Kirch to address his comments made in the report of May 5, 2005.
He stated he had no problem showing the street grades on the cul-de-sac, the interior walls will be coming down and they will add the species of trees to be planted.

Mike Kelly recommended the applicant not exceed the pavement thickness required by RSIS. He stated he received a letter from the Department of Community Affairs that said the town ordinance should be in compliance with RSIS and are not in support of applicants agreeing to exceed the standard to meet the township code. Mike stated that for a street of this length he is not overly concerned about it. Mr. Whitaker said he would withdraw the request.

Mike Kelly asked Mr. Kirch to provide him with the LOI that was previously approved and all support documentation as well as the documentation saying that it was reaffirmed.

A motion to open the meeting to the Public was made by Mayor Martel and seconded by Mr. Rudolph. All voted in favor.

Residents of Paddington Square appeared before the Board.

Liz Freeman had some concerns about the notice she received and the fact that the Association was not notified. Mr. Whitaker stated he was dealing with the Attorney of the Association to address the concerns of the residents. She was concerned about the sewer connection and was told by the Board members that she will not be affected by this development.

Anna Rabinowitz had a concern about the wetlands and the distance from her home to the property line of the new development.

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

Public Hearing is continued on July 25, 2005.

VII: OPEN TO THE PUBLIC

A motion to open the meeting to the Public was made by Mayor Martel and seconded by Mr. Jandris. All voted in favor.

A motion to close the meeting to the Public was made by Mayor Martel and seconded by Mr. Jandris. All voted in favor.

VIII: WORK SESSION

A. DKT. #417-F – MORALETTA, 70 PETERSON PLACE. – FINAL
SUBDIVISION

Bruce Whitaker, Attorney for the applicant appeared before the Board.

Mr. Whitaker stated they can comply with all the requests made in the Boswell letter of June 8, 2005.

Mr. Whitaker addressed the Resolution adopted on August 27, 2001 for Preliminary Major Subdivision Approval. The Developer’s Agreement will be signed.

Mr. Whitaker referred to the conditions stated in the Resolution.

1. They have revised the plans to meet the Engineer’s reports. Mr. Kelly confirmed
this and has stated that any other conditions will be worked out with Mr. Weissman,
the Applicant’s Engineer.

2. The applicant will comply with applicable requirements of the Township Water and
Sewer Consultants. Mr. Whitaker stated he had a conversation with Mr. Campion and
indicated that in Phase V they will be putting in sewers.

Mr. Kelly referred to his letter of June 8, 2005 stating that all comments must be addressed. Mr. Whitaker again stated they will have no problem doing this.

Mr. Whitaker stated there is no ability to have public water to this facility. They can not obtain water from Ridge Gardens since the Ridge Garden’s water line are private. There will be wells for each of the lots.

There are to be individual soil movement applications for the individual lots.

Mr. Whitaker stated all of the conditions set forth in the preliminary have been met or will be met.

In answer to Mayor Martel’s concerns regarding sewers, Mr. Whitaker stated it will be paid for by the residents and not the town. Mr. Whitaker indicated that he will need permission from the residents and if there is a problem they will have to fall back to septics. Mayor Martel asked Mr. Whitaker to investigate whether or not they can obtain permits to dig a well.

A motion to conditionally approve was made by Mr. DaPuzzo and seconded by Mr. Rudolph. A roll call of members present revealed 6 aye votes by Mr. Brotherton, Mr.
Jandris, Mayor Martel, Dr. Ross, Mr. DaPuzzo and Mr. Rudolph and 3 abstentions by Mr. Trent, Ms. Richter and Mr. Donigian.

C. CONCEPTUAL – RAMAPO CENTER, LLC – AMENDED SITE PLAN
FOR SIGNAGE

James Jaworski, Attorney for the applicant appeared before the Board.

Mr. Jaworski indicated that the “reserved” signs for Prime Time were not part of the original site plan. There were complaints from some of the store owners because of these signs. Mr. Jaworski stated they are willing to slide the spaces down four spaces from the “handicap spaces”. Mr. Jaworski stated that the signs have been removed. However the poles and the concrete stops are still in place.

Mr. Jaworski stated that he believes the reserved signs for Prime Time are necessary for drop off and pick up. His applicant is willing to relocate the spaces and stipulate the times that the spaces will be reserved for the drop off and pick up. There are many parents with more than one child who go to this facility and he feels this is a safety issue.

Dr. Ross indicated that even if the signs were allowed, there could be no police enforcement. Mr. Jaworski agreed but felt the signs would deter some people from parking there. Ms. Richter stated that Prime Time Learning Center is aware of this.

Dr. Ross asked if Ramapo Center would be willing to put a cross walk and indicate by signage “caution children”. Mr. Jaworski stated they would.

Mr. Jaworski will reappear before the Board for an amended site plan showing the relocation of the spaces and the striping and signage.

D. COMMITTEE REPORTS

1. TA-05-2022 – SWIFTREACH, 431 INDUSTRIAL AVE.
2. TA-05-2024 – THE WALLWORK GROUP, 300B ROUTE 17 S.

A motion to conditionally approve was made by Mr. Brotherton and seconded by Mr. Donigian. A roll call of members present revealed 9 aye votes by Mr. Brotherton, Ms. Richter, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trenr, Mr. DaPuzzo, Mr. Rudolph and Mr. Donigian.

IX. ADJOURNMENT

A motion to adjourn was made by Mr. DaPuzzo and seconded by Mayor Martel. All voted in favor. The meeting was adjourned at 10:10 p.m.





These minutes were prepared by Rosalie DeMartino









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