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TOWNSHIP OF MAHWAH PLANNING BOARD
MINUTES

MAY 8, 2006


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. DaPuzzo, Mr. Jandris, Mayor Martel, Dr. Ross (left
8:00 p.m.), Mr. Trent, Mr. Crean, Mr. Rudolph (7:51 p.m.), Mr. Sherer

ABSENT: Ms. Richter, Mr. Donigian

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

II. APPROVAL OF BILLS

4/25/06 Peter Scandariato, Esq. $400.00
4/25/06 Peter Scandariato, Esq. $200.00
4/24/06 Burgis Associates, Inc. $200.00

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

III. APPROVAL OF MINUTES

A motion to approve the minutes of April 24, 2006 was made by Mr. Brotherton and seconded by Mr. Crean. All voted in favor with 1 abstention by Mr. DaPuzzo.

IV. MEMORIALIZING RESOLUTIONS

FROM MEETING OF APRIL 24, 2006:

1. TA06-2011 – PINE HILL TREE SERVICE, 45 WHITNEY RD.
2. TA06-2013 – RIDGEWOOD ENGERGY CORP., 479 ROUTE 17 N.
Planning Board Minutes
May 8, 2006
Page 2.

IV. MEMORIALIZING RESOLUTIONS (CONT’D)

3. TA06-2014 – NOBEL BIOCARE, 800 CORPORATE DR.
4. TA06-2015 – MYAT, INC., 360 FRANKLIN TURNPIKE
5. TA06-2017 – ACCELERATED SERVICE ENTERPRISE, 777 CORPORATE
DR.

A motion to approve the Resolutions was made by Mr. Brotherton and seconded by Mr. Jandris. A roll call of eligible members revealed 7 aye votes by Mr. Brotherton, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Sherer

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

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

7. E-BD-216-1744-2 – VISTA BAHN ESTATES, 15 FARMSTEAD RD.
8. REVIEW OF PROPOSED AMENDMENT TO THE ZONING ORDINANCE
OF THE TOWNSHIP OF MAHWAH (N.J.S.A. 40:55D-64) ORDINANCE 1538

A motion to approve was made by Mr. Brotherton and seconded by Mr. Jandris. A roll call of eligible members revealed 7 aye votes by Mr. Brotherton, Mr. Jandris, Dr. Ross, Mr. Crean, Mayor Martel, Mr. Trent. Mr. Sherer.

9. REVIEW OF PROPOSED AMENDMENT TO THE ZONING ORDINANCE
OF THE TOWNSHIP OF MAHWAH (N.J.S.A. 40:55D-64)

A motion to approve was made by Mr. Trent and seconded by Mr. Brotherton. A roll call of eligible members revealed 7 aye votes by Mr. Brotherton, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Sherer.

V. OPEN TO THE PUBLIC

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

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

VI. WORK SESSION:
Planning Board Minutes
May 8, 2006
Page 3.

A. DKT. #497 – CERISANO, FARMSTEAD RD. – MINOR SUB-DIVISION

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

The applicants are the owners of lots 55.04 & 55.05 in Block 23. These lots were originally approved by the Planning Board as part of the Vista Bahn Subdivision. At that time the Cerisano’s purchased both lots and eliminated the interior lot line. They now wish to go back to the original approval. Basically it is a minor subdivision putting the same lot line in that was originally approved.

Mr. Whitaker stated they have received an exemption from the Bergen County Planning Board. They will comply with any comments in the Boswell report dated April 4, 2006.

A motion to approve was made by Mr. Brotherton and seconded by Mr. Trent. A roll call revealed 7 aye votes by Mr. Brotherton, Mr. DaPuzzo, Mr. Jandris, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Sherer and 1 abstention by Mayor Martel.

B. E-BD-216-1951 – MELE, 16 DE GRAY TERRACE

Patricia Mele, 16 DeGray Terrace appeared before the Board. The applicant wishes to relocate the driveway from where it is shown on the original 1989 Subdivision Plan. The driveway is not in existence at this time.

Mike Kelly stated that from a site plan standpoint he does not see any issues with this. The driveway will be setback 4 ft. from the lot line and will be sufficient distance from the neighbor’s driveway.

There was a discussion regarding the removal of trees. Ms. Mele agreed to plant 1 tree in the event that there were more than 5 trees removed.

A motion to approve was made by Mr. DaPuzzo and seconded by Mr. Jandris. A roll call of members present revealed 8 aye votes by Mr. Brotherton, Mr. DaPuzzo, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Sherer.

C. DKT. #496 – FRANKLIN TURNPIKE CONSTRUCTION CO., LLC. -
HINES AVE.

Thomas Van Dam, Attorney for the applicant appeared before the Board. The applicant is seeking a conforming subdivision for Block 42, Lots 8-11.



Planning Board Minutes
May 8, 2006
Page 4.

Peter Montalbano, owner, appeared before the Board. He stated they wish to subdivide this property into two lots in the R-5 zone. They have a County letter of exemption and a Bergen County Soil Conservation approval.

The applicant is seeking a waiver from the RSIS for sidewalks. Mr. Montalbano agreed to contribute to the sidewalk bank in lieu of having sidewalks.

A motion to approve was made by Mr. Brotherton and seconded by Mr. DaPuzzo. A roll call of members present revealed 8 aye votes by Mr. Brotherton, Mr. DaPuzzo, Mr. Jandris, Mr. Crean, Dr. Ross, Mayor Martel, Mr. Trent, Mr. Sherer.

D. TA#04-2011 – GLOBAL BUSINESS ASSOCIATES & EXCHANGE -
PRESTIGE AUTO SPA, FRANKLIN TURNPIKE

Work Session carried to May 22, 2006

VII. PUBLIC HEARINGS

A. DKT. #495 & 495S – GRAHAM ENTERPRISES, 184 FRANKLIN TPKE.

Notices were in order.

Dr. Ross read a letter from Sneck, Price, Smith & King, Attorneys for the owner of the adjacent property located at 180 Franklin Turnpike indicating that they would not be able to attend tonight’s public hearing. They are requesting that the Board grant them a one month continuance to give them the opportunity to review this matter with their clients.

John A. Spizziri, Attorney for the applicant appeared before the Board. In response to the letter read by Dr. Ross, Mr. Spizziri stated that he spoke with the attorney indicating that he was in agreement to a continuation for the neighbors to resolve any issues they may have regarding the driveway access between the two properties.

Dr. Ross asked Mr. Spizziri if the north driveway was on the property of the adjacent building. Mr. Spizziri stated it was not indicating that in 1984 the Township of Mahwah conveyed 17-1/2 feet of driveway between the two properties to Dr. & Mrs. Mechanic and their son Jonathan. The Township also conveyed by subsequent deed to his client another 17-1/2 feet for a total of 35 feet. Mr. Spizziri also stated that in June of 1984 his client entered into an agreement with the Mechanics to cross easements along the 17-1/2 feet of each side so that both parties have a use of 35 feet of the right of way.

Tom Ashbahian, Architect, 39 Spring St., Ramsey, N. J. was sworn in. He presented
Drawing SP 1, 2, 3 & 4. He described the site and surrounding area. Mr. Ashbahian

Planning Board Minutes
May 8, 2006
Page 5.

stated that the applicant intends to remove the two older buildings on site and replace them with a new two story building as an addition to the most current existing building.
Mr. Ashbahian stated they are proposing 100 parking spaces where 117 are required. The parking spaces are for both retail and office. They are providing full 10 x 20 spaces closest to the building and 9 x 20 spaces to the rear of the property.

Mr. Ashbahian stated that the applicant intends to use the entire first floor of the proposed building as retail space. The second floor will be entirely used for the applicant’s office space as well as training spaces.

Mr. Spizziri questioned Mr. Ashbahian with regard to the 20 ft. dimension noted on the plan. Mr. Ashbahian stated that it is not the intention of the 20 ft. dimension to represent the 35 ft. easement width.

Mr. Ashbahian described the 3 variances which were impervious coverage of 83.3% coverage where 80% is required, parking setback of 8 ft. required from any property line where the applicant is proposing 5 ft and finally the parking quantity.

Mr. Spizziri addressed the letter from Boswell Engineering dated March 17, 2006. Mr. Ashbahian stated they will comply with any and all requests in this letter.

Mr. Ashbahian addressed SP-2, Soil Conservation, Landscaping Details and notes on this plan. In the Engineering review letter, there was a comment suggesting additional trees along the Franklin Turnpike right of way. The applicant will comply with this request.

Mr. Ashbahian stated that they have added the stamped concrete along the entire length of the site from its southern most edge to the northern most edge. It is also the applicant’s intent to incorporate the street lighting on the site.

Dr. Ross asked Mr. Ashbahian if they would consider exiting the site from Sherer Place and closing off the exit onto Franklin Turnpike in order to avoid traffic jams. They will look into this. Mr. Kelly indicated that the Fire Department requested an emergency access to Sherer Place be provided. The applicant will provide this. Mr. Ashbahian stated that Sherer Place is a substandard right of way and road way and not fully improved.

Mike Kelly asked Mr. Ashbahian to describe the screening around the dumpster area. Mr. Ashbahian stated they are proposing a chain link fence with vinyl slats and landscaping.

Mr. Kelly asked that they show the access easements on the revised plan.



Planning Board Minutes
May 8, 2006
Page 6.

Mr. Ashbahian addressed the soil movement application. There is a total cut of 5,838.9 cubic feet (216 cubic yards) and a total fill of 216.26 cubic yards.

Mr. Ashbahian stated that they will fully address Mr. Kelly’s comments regarding the drainage report and the lighting as well.

Mr. Burgis addressed his report of February 16, 2006. He suggested that the 20 ft. wide aisle be widened to 24 ft. so that someone could make a right hand turn and have access
to the rest of the parking lot using the aisle for both directions. Mr. Ashbahian stated this will increase the coverage to a slight degree. He also stated that they will consider this revision.

Mr. Brotherton took over as Chairman at this time.

There was a discussion regarding handicapped parking. Mr. Ashbahain explained the area which will be used for these spaces. He also stated that the entire building will not be handicap accessible explaining the reasons why it cannot be done.

Mr. DaPuzzo made a motion to open the meeting to the Public and seconded by Mr. Crean. All voted in favor.

Wendy Mechanic, 808 Broadway, New York, New York, adjacent property owner appeared before the Board. She has a concern that the 20 ft. the applicant is talking about is part of the 35 ft. co-easement and wants to be sure they will continue to have the traffic flow they are accustomed to. As an adjoining property owner, Ms. Mechanic stated they would prefer to have ingress and egress from there.

In answer to Mr. Scandariato’s question and concern regarding the proposed ingress only, Ms. Mechanic stated they did not give their consent to this plan. Mr. Scandariato asked Mr. Spizziri to explain how they presented a plan modifying her driveway without her consent. Mr. Spizziri stated he received the deeds showing ingress and egress on both properties. Mr. Scandariato feels Ms. Mechanic should be co-signor on this application. Mr. Spizziri disagreed. He stated he will discuss the deeds and plan with Ms. Mechanic’s attorney and make a determination as to the ingress and egress issue.

Mr. DaPuzzo suggested that this application be adjourned for this evening and continued at a later date in lieu of the information the Board has received from Ms. Mechanic. Mr. Brotherton also had some concerns about the ingress and egress and asked that the applicant contact Ms. Mechanic’s attorney and come to some agreement about the driveway access before the next hearing.


Planning Board Minutes
May 8, 2006
Page 7.

Mr. Spizziri stated that he gives his consent to carry this hearing to the June 12, 2006 public hearing.

B. DKT. #482-A – HUMMER, 319 ROUTE 17 NORTH

Notices were in order.

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

Mr. Jaworski marked the Resolution of Approval for Site Plan Application dated April, 2005 as Exhibit “A-1”.

Mr. Jaworski stated they are before the Board for an amended site plan application with one variance associated with the amendment and signage approvals.

Mr. Jaworski addressed the issues involved with the amendment to the site plan. One variance is for fence height. The original height was for a 6 ft. board on board fence. At the request of the adjacent neighbors, the applicant is asking to increase the height of the fence to an 8 ft. PVC fence. Another variance is for parking stalls. The original was for 87 parking stalls. They are proposing 88 stalls. They addressed Ray Roe’s concern regarding fire safety issues.

David Sudacki, P.E., 12 Route 17 N., Paramus, N. J. was sworn in. He stated his credentials and was accepted as an expert witness in the field of engineering. Mr. Sudacki identified the Site Plan for Mahwah Hummer dated 12/21/04 last revised 4/24/06. Mr. Jaworski marked this plan “A-2”.

Mr. Sudacki addressed the fence issue. They are proposing a 6 ft. fence along the driveway to the front of the home of the adjoining neighbor and the remainder of the proposed fence being an 8 ft. PVC fence. The neighbors would prefer the 8 ft. high lattice fence. This plan is marked “A-3”. The fence will not affect the line of sight.

Mr. Sudacki addressed the parking. The applicant is proposing to eliminate 1 parking space from the northerly side of the building and add 2 spaces on the east side of the building in the rear for a total of 88 spaces.

Regarding the security gates, Mr. Sudacki stated they are proposing 2 gates. One on the north side being 28 ft. in width and one on the other side 35 ft. wide. At the request of the Fire Department’s concern, the applicant has agreed to have the sprinkler room serviced from the front of the building.


Planning Board Minutes
May 8, 2006
Page 8.

Mr. Jaworski questioned Mr. Sudacki with respect to the free standing sign. Mr. Sudacki stated they are proposing a free standing sign at the northwesterly corner of the lot. The sign is proposed to be 8 ft. off the right of way from Route 17. The right of way is approximately 30 ft. from the existing curb line. It is also proposed to be 1 foot off the curb line of the proposed driveway.

In answer to Mr. DaPuzzo’s question regarding the location of the free standing sign, Mr. Jaworski stated they will confer with the adjoining property owner for approval.

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

Paul Zurbuch, 190 Island Rd. appeared before the Board. He stated they were in favor of the applicant’s request for the proposed fencing.

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

Ed Konstant, 1418 Elmhurst Rd., Elk Grove Village, Illinois was sworn in. He is Project Manager for Icon Identity Solutions, the sign vendor for General Motors Hummer. Mr. Jaworski marked Page 1, 2 and 3 of the plan as Exhibit “A-4”. Mr. Konstant described each sheet as Page 1: Site Plan showing location of all proposed signage; Page 2: Physical descriptions and sizes of signs; Page 3: Building elevation showing the signage and where they would be placed on the property.

Mr. Konstant stated the proposed sign is the standard Hummer Pylon sign and is 99 sq. ft. in size.

Mr. Kelly stated that he concurs with the 99 sq. ft. Mr. Jaworski stated they will not need a variance for this.

Mr. Konstant stated his reasons for placing the sign in the proposed location. He also described how they will position the sign so it would work for both Hummer and Liberty Hyundai who is the adjoining neighbor to the north. Mr. Jaworski asked Mr. Konstant if he would accept a Resolution of approval stating that this sign could be no more than 30 feet and no lower than 18 ft. and subject to the approval of both property owners. He answered “yes”. The applicant stated that they propose to simulate the sign location by suspending a sample sign by a crane. Representatives of Hummer and Liberty will review the sign height for approval. The Board asked that Mr. Kelly be present during the sign test and the applicant agreed.

Planning Board Minutes
May 8, 2006
Page 9.

The applicant is proposing a 24 inch letter height where 18 inches is required.

Mr. Konstant addressed the wall signs. The signs are the 48 inch illuminated Hummer letters, the service sign, directional sign, entrance identification signs, painted Hummer logo that is located on the roof.

Mr. Jaworski stated they will eliminate sign #6 which is the black non-illuminated sign on the curved portion of the roof.

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

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

Michael Kaulker, P.P., 356 Franklin Ave., Wyckoff, N. J. He was accepted as an expert witness. He described the site and surrounding area and uses. He addressed the fence height and the proposed signs.

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

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

A motion to conditionally approve was made by Mr. Trent and seconded by Mr. Crean. A roll call of members present revealed 8 aye votes by Mr. Brotherton, Mr. Jandris, Mr. DaPuzzo, Mayor Martel, Mr. Trent, Mr. Crean, Mr. Rudolph, Mr. Sherer.

VIII. WORK SESSION:

A. COMMITTEE REPORT

1. #06-003T – INTERNATIONAL CROSSROADS, 1 INTERNATIONAL BLVD.
TRAILER APPLICATION

A motion to approve was made by Mr. DaPuzzo and seconded by Mr. Rudolph. A roll all of members present revealed 8 aye votes by Mr. Brotherton, Mr. DaPuzzo, Mr. Jandris, Mayor Martel, Mr. Trent, Mr. Crean, Mr. Rudolph, Mr. Sherer.

B. PROPOSED ORDINANCE #1539



Planning Board Minutes
May 8, 2006
Page 10.

This ordinance is to adjust the Board of Adjustment fee schedule. A motion to make a recommendation to the Council that they adopt the Resolution 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, Mr. DaPuzzo, Mr. Crean, Mr. Trent, Mayor Martel, Mr. Rudolph, Mr. Sherer.

C. OLD/NEW BUSINESS:

Ms. Winokur introduced the meeting dates schedule for the Board’s approval. All were in favor.

IX. ADJOURNMENT

A motion to adjourn was made by Mr. DaPuzzo and seconded by Mr. Crean. All voted in favor. The meeting was adjourned at 10:15 p.m.



These minutes were prepared by Rosalie DeMartino.





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