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TOWNSHIP OF MAHWAH PLANNING BOARD

MINUTES

APRIL 24, 2006

6:15 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. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Ms. Richter (left 8:30), Mr. Donigian, Mr. Rudolph, Mr. Sherer.

ABSENT: Mr. DaPuzzo

PROFESSIONALS: Peter Scandariato, Esq., Mike Kelly, P.E., Brigette Bogart, P.P.

II. APPROVAL OF BILLS

3/23/06 Harwood Lloyd $513.00

3/24/06 Burgis Associates, Inc. $400.00

A motion to approve the bills was made by Mayor Martel and seconded by Mr. Rudolph. All voted in favor.

III. APPROVAL OF MINUTES

A motion to approve the minutes of March 13, 2006 was made by Mr. Brotherton and seconded by Mr. Trent. All voted in favor.

IV. MEMORIALIZING RESOLUTONS

FROM MEETING OF MARCH 13, 2006:

1. RECOMMENDATION AGAINST PROPOSED REZONG, BLOCK 21, LOTS
21, 22, 23 AND A PORTION OF LOT 24

Planning Board Minutes
April 24, 2006
Page 2.

The Block and Lots are to be corrected to read: Block 21, Lots 21, 22, 23 and portion of 24.

A motion to approve the Resolution with corrections was made by Mr. Brotherton and seconded by Mr. Rudolph. A roll call of eligible members revealed 6 aye votes by Mr. Brotherton, Mayor Martel, Mr. Crean, Mr. Donigian, Mr. Rudolph, Mr. Sherer.

V. OPEN TO THE PUBLIC

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

A motion to close was made by Mr. Jandris and seconded by Ms. Richter. All voted in favor.

VI. WORK SESSION:

A. E-BD-216-1744-2 – VISTA BAHN ESTATES, LLC, 15 FARMSTEAD RD.

Bruce Whitaker, Attorney for the applicant appeared before the Board. The applicant is seeking a soil movement approval to install the driveway crossing over the wetlands. This crossing was approved with the original subdivision approval. It was approved by the NJDEP and there is a wetlands general permit and an LOI.

The applicant proposes to move 240 cubic yards of soil.

Tibor Latincsics, P.E. appeared before the Board to describe the property and the proposed driveway.

Mr. Whitaker stated that they also have Bergen County Soil Conservation District approval.

Mike Kelly asked that the applicant supply the number of trees to be removed. Tibor mentioned 25 trees and Mr. Kelly recommended that he walk the site with the applicant’s engineer to see if any trees can be saved. He also mentioned that a Performance Guarantee will be required to insure the replacement trees that are required. The Performance Guarantee will be required to stay in place until the replacement trees are installed. Mr. Whitaker had no objection to this request.

Tibor stated that the fill material is already on site. The steel rods for buffer delineation are already installed.
Planning Board Minutes
April 24, 2006
Page 3.

A motion to approve was made by Mr. Brotherton and seconded by Mr. Trent. A roll call revealed 10 aye votes by Mr. Brotherton, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Ms. Richter, Mr. Donigian, Mr. Rudolph and Mr. Sherer.

VII. PUBLIC HEARINGS

A. DKT. #256A-2 – VALLEY REGIONAL MEDICAL CENTER,
400 FRANKLIN TURNPIKE

Joseph Behot, Attorney for the Applicant appeared before the Board.

At the Board’s request, Mr. Behot stated that after reviewing the parking plan they were able to add an additional 10 parking spaces which would make the number of parking spaces 161 instead of 151. If the parking deck is approved there would be a total of 177 parking spaces.

Mr. Behot stated that a security firm has been retained and is at the site from 6:30 a.m. to 11:00 which has discouraged commuter parking. The parking situation has dramatically improved because of this.

Mr. Behot stated that they have received 2 reports. One is from Burgis Associates and one is from Fire Prevention. The recommendations in the Burgis report are acceptable to the applicant. Regarding the Fire Prevention report, Mr. Behot stated that they have placed a fire hydrant in the southwest corner of the property.

Mr. Behot recalled Mr. Frank to explain the changes made to the plan. He indicated that they have shifted the existing driveway to the north which allowed them to pick up 10 additional spaces. Also, by re-striping the existing barrier free spaces to meet the requirements and by shifting the existing curb over by approximately 3 feet they will pick up an additional space. Mr. Frank stated that they will need County approval for the driveway change.

Mr. Donigian voiced his concern regarding the removal of trees for the additional 10 parking spaces. He also had concerns regarding the future parking deck and the variances that will be needed for this. Dr. Ross explained that the applicant would have to come back to the Board for the approval of this parking deck.

Mike Kelly stated that he will require a complete topographic survey of the site. They will need existing and proposed contours throughout the site. In answer to Mr. Donigian’s concerns regarding landscaping, Mr. Kelly asked for a revised landscaping plan for the additional landscaping to be installed along Franklin Turnpike. Mr.

Planning Board Minutes
April 24, 2006
Page 4.

Scandariato suggested the submission of the landscaping plan be a condition of approval if the Board grants approval of this application.

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

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

Mr. Donigian made a motion to deny the application based on the fact that a large variance was granted in 1991 to accommodate the site. He is very concerned about the parking, cutting down green space and taking more impervious surface off and the future parking deck. Mr. Trent seconded it. A roll call revealed 8 nay votes by Mr. Brotherton, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Crean, Ms. Richter, Mr. Rudolph, Mr. Sherer and 1 aye vote by Mr. Donigian and 1 abstention by Mr. Trent.

A motion to conditionally approve the application was made by Mr. Brotherton and seconded by Mayor Martel. In answer to Mayor Martel’s question regarding the parking deck, Mr. Scandariato stated that they will have to come back to the Board if this becomes necessary and in no way requires the Board to approve the parking garage. A roll call reveals 8 aye votes by Mr. Brotherton, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Crean, Ms. Richter, Mr. Rudolph, Mr. Sherer and 1 nay vote by Mr. Donigian.

B. DKT. #492 & #492-S – CUMBERLAND FARMS, 261 ROUTE 17 NO.

Lawrence Rothstein, Attorney for the applicant appeared before the Board.

As a result of the Board’s comments at the last meeting held on November 28, 2005, the applicant has revised their plans to address these issues.

Mr. Rothstein recalled Mr. Philips, Project Engineer. The site is located at the northeast corner of Route 17 and Moffat Rd., Bl. 59, Lot 17.

Mr. Philips addressed Exhibit “A-1” which is the existing conditions on site and “A-2” proposed conditions. As a result of the Board’s comments Mr. Philips presented a color rendering of the revised proposed conditions which was marked Exhibit “A-8”. The building (1560 sq. ft.) will now be located to the north of the property facing Moffat Rd.
There will be 6 fueling positions with the canopy facing the building. The applicant is proposing 15 parking spaces which are the required spaces.



Planning Board Minutes
April 24, 2006
Page 5.

Mr. Philips described the means of ingress and egress. There is a proposed loading area which is located in front of the single dumpster enclosure at the northeast side of the property.

Mr. Philips stated they will meet all landscaping comments from the Environmental Commission and the Planner.

Mr. Rothstein stated they can comply with comments from the Boswell Engineering Report and the Burgis Report. With regards to the Malcolm Pirnie Report, Mr. Rothstein indicated that they could comply with all comments except one. They would like to discuss #7 in the report concerning the water main extension.

In answer to Mr. Jandris’ question regarding diesel, Mr. Philips stated there is diesel existing on the site but no diesel is proposed for the new site.

In answer to Mr. Brotherton’s question regarding any environmental type problems, Mr. Philips stated there are no problems that he is aware of. The applicant will retain the services of an Environmental Engineer to monitor soil being removed from the facility and will do a closure report in compliance with the DEP regulations.

At the request of Mr. Sherer, Mr. Philips described the proposed signage. He referred to Exhibit “A-9” Proposed Building Elevation dated April 18, 2006. Existing and Proposed Signage dated April 18, 2006 was marked “A-10”. Mr. Philips agreed to redesign the small signs to meet the code which is 3 sq. ft.

Mr. Sherer asked Mr. Philips to describe the Lighting Plan. Mr. Philips referred to a letter from Mike Kelly dated April 21, 2006 and a letter from Burgis Associates dated April 7, 2006. Mr. Philips stated they cannot meet the lighting standards since they need more illumination under the canopy then what is required by the code and explained the reasons for this. The existing proposal is for 45 ft candles and they can reduce it to 25 ft. candles. They can also reduce the lighting in the front of the building. Mr. Rothstein stated that the applicant is working with Boswell and Burgis to make sure the lighting meets the town’s standards or at least they are at the minimum standards that are necessary for safety.

Mike Kelly indicated that the applicant is going to exceed the average foot candles on pavement. The town requires an average of 1.5 foot candles on the pavement. Due to the high light level under the canopy, this will throw the average off and they will need a variance. Mr. Kelly feels that for a site such as this it is reasonable.

Mike Kelly asked if the number of employees at the maximum shift will remain at 4. Mr. Philips answered “yes”.
Planning Board Minutes
April 24, 2006
Page 6.

Mike Kelly referred to his April 18, 2006 and read the variances and waivers needed.

Dr. Ross asked that the welcome signs be eliminated. The Board agreed.

In answer to Mr. Donigian’s question, Mr. Philips stated that the lights are recessed into the canopy.

Mr. Rothstein addressed Comment No. 7 in Malcolm Pirnie’s report of April 4, 2006 requesting that they extend a water main across the Route 17 frontage. Mr. Philips stated that the applicant is proposing to extend the water main along the frontage of Route 17 using an 8 inch water main to the fire hydrant located in the southwest landscape area and then come in with a 6 inch tap off of the main. Mr. Philips referred to “A-8” showing this proposal. He stated that Justin Mahon of Malcolm Pirnie agreed to have the applicant extend 16 feet with an 8 inch main beyond where the fire hydrant is and the final decision would be up to the Board. Mr. Philips stated they are not proposing any improvements in this area.

The Board members had a concern regarding the location of the fire hydrant in proximity of the tanks. They asked that they revisit this with Ray Roe to see if the hydrant should remain or be moved to a different location.

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

A motion to close was made by Mr. Jandris and seconded by Mr. Rudolph. All voted in favor.

Mr. Rothstein recalled Scott Kennel, Traffic Engineer. Mr. Kennel presented the Proposed Fuel Truck Turning Plan dated April 18, 2006 and marked “A-11” in response to Boswell Engineering’s comments. Fuel deliveries will be scheduled for off-peak hours.

Mr. Kennel presented Proposed Vehicle Turning Plan dated April 18, 2006 and marked “A-12”.

Mr. Kelly asked that there be additional striping placed on the ground for vehicle circulation. The applicant agreed to this.

Mr. Rothstein recalled Gordon Gemma, Planner. Mr. Gemma stated that his previous testimony stands with the exception of one variance change. The building is moved further away from the rear yard.

Planning Board Minutes
April 24, 2006
Page 7.

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

A motion to close was made by Mr. Crean and seconded by Mr. Jandris. All voted in favor.

Mr. Donigian had concerns regarding the residential homes on Beehive Court. He asked that the applicant address this.

Public Hearing will continue on June 12, 2006.

VIII. WORK SESSION:

A. COMMITTEE REPORTS:

1. TA06-2011 – PINE HILL TREE SERVICE, 45 WHITNEY RD.
2. TA06-2013 – RIDGEWOOD ENERGY CORP., 479 ROUTE 17 N.
3. TA06-2014 – NOBEL BIOCARE, 800 CORPORATE DR.
The committee recommended approval subject to the payment of fines imposed
by the Building Dept.
4. TA06-2015 – MYAT, 360 FRANKLIN TURNPIKE
5. TA06-2017 – ACCELERATED SERVICE ENTERPRISE, 777 CORP. DR.

A motion to conditionally approve was made by Mr. Rudolph and seconded by Mr. Donigian. A roll all revealed 9 aye votes by Mr. Brotherton, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Donigian, Mr. Rudolph and Mr. Sherer.

B. OLD/NEW BUSINESS:

1. PROPOSED ORDINANCES 1538 & 1539 AND AMENDMENTS FOR
CHAPTER 24 AFFORDABLE HOUSING PLAN

A motion to recommend to the Council that they accept these modifications was made by Mr. Trent and seconded by Mr. Donigian. A roll call revealed 9 aye votes by Mr. Brotherton, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Donigian, Mr. Rudolph and Mr. Sherer.

IX. ADJOURNMENT:

A motion to adjourn was made by Mayor Martel. The meeting was adjourned 9:00 p.m.

These minutes were prepared by Rosalie DeMartino.



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