Township of Mahwah, NJ
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MARCH 11, 2002


The combined public/work session meeting of the Planning Board of the Township of Mahwah, held at the Municipal Building, 300B Route 17 S., Mahwah, NJ 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 audio tape recording is on file with the Board Secretary at the Planning Board Office, 300B Route 17 S., Mahwah, New Jersey. Copies of the tapes may be purchased for a fee.

PRESENT: Mayor Martel, Mr. Arbuckle (8:15), Mr. Brotherton, Mr. Muscarelle, Ms. Omsberg, Dr. Ross, Mr. Trent, Mr. DeKramer, Mr. Paton, Mr. Jandris, Ms. Solomon.


PROFESSIONALS: Michael Kelly, P.E., Peter Scandariato, Esq., Michael McNally, P.E.


The following bills were presented for payment:

2/18/02 Alampi, Arturi, D’Argenio Re: Meeting Attendance
& Guaglardi, LLP 12/03/01, 12/17/01, 01/14/01,
1/28/02 $800.00

2/18/02 Alampi, Arturi, D’Argenio Re: Tenant Applications
& Guaglardi, LLP $170.00

2/18/02 Alampi, Arturi, D’Argenio Re: Plot Plan & Soil Movement
& Guaglardi, LLP Permits $ 85.00

2/18/02 Alampi, Arturi, D’Argenio Re: General Planning Board
& Guaglardi, LLP Resolutions $ 25.00

A motion was made by Ms. Omsberg and seconded by Mr. Trent to approve the bills for payment, as submitted, all in favor.


A motion was made by Ms. Omsberg and seconded by Mr. Trent to approve the minutes of February 25, 2002 with no changes or corrections, all in favor.




A motion was made to open the meeting to the public by Ms. Omsberg and seconded by Mr. Trent, all were in favor.

A motion was made to close the meeting to the public by Mr. Trent and seconded by Mr. Jandris, all were in favor.


The public hearing on Hawks Nest was carried to April 22, 2002.



Timothy Rose introduced himself as President of Flyte Tyme and requested amendment of its tenant application to include the four minibuses that were left off the original application.

Chairman Ross asked where they would be parked.

Mr. Rose said that they are on shuttle runs during the day and parked in back of the building in the evening.

Ms. Omsberg stated that she had passed by Flyte Time at about 5:00 P.M. and saw two of the buses parked there and questioned what the numbers on the four buses were.

Mr. Rose stated #’s 101 through #104.

Ms. Omsberg said that the buses were very large and took up more than a regular parking space and requested that Mr. Rose explain the size of them and where he intended to park them on the property.

Mr. Rose stated that the buses hold anywhere between 27 and 31 passengers depending on configuration and luggage but was not sure of the actual length.

Mr. Rose stated that two of the buses have been there since November.

Ms. Omsberg stated that they were not supposed to be there according to the original application. Mr. Rose said that on the original application limousines were listed and in the State of New Jersey that is classified as minibus, van, stretch limo or sedan.

Ms. Omsberg said she was concerned about proper parking for these buses; will there be enough parking spaces due to the size of the minibuses? Ms. Omsberg asked Mr. Rose if it was only going to be for four.

Mr. Rose stated yes.

Ms. Omsberg asked where do you plan to park them so that they will not be an obstacle.
Mr. Rose stated that the stretch limos will be moved to a different area and the minibuses will be parked behind the building.

Mr. Trent made a motion to approve with the condition that the four minibuses be parked behind the building not in the street. The motion was seconded by Mr. Paton.

A roll call of members present revealed 9 aye votes by Mr. Brotherton, Mr. Muscarelle, Mayor Martel, Ms. Omsberg, Dr. Ross, Mr. Trent, Mr. DeKramer, Mr. Paton and Mr. Jandris. Mr. Arbuckle abstained.


Mr. James Delia introduced himself as the attorney for Green Willow Charter School. Mr. Delia stated that as a charter school they are considered a public school in the eyes of the Legislature. The reason they are present at this meeting is to present a conceptual proposal by the charter school and they would like to come back in the near future to allow the public an opportunity to review the plans and for the consultation and cooperation process which the Board may be familiar with. Mr. Delia stated that this matter is in the jurisdiction of the Department of Education of the State of New Jersey. Mr. Delia said that the reason they were here is so that the Board and public have an opportunity to be heard by the State. He stated that the long term proposal, with respect to the site plan, is unchanged with slight modifications with respect to a playground. There is a short term plan to have a temporary structure while the more permanent structure is being built. Mr. Delia called upon Mr. McNally (Engineer) to give the details of the proposed plan.

Mr. McNally distributed two exhibits marked Exhibit 1 and Exhibit 2. Ms. Omsberg questioned the date of the exhibits. 3/04/02.
Mr. McNally began with Exhibit 2 which he stated was the Hindu Temple approved by site plan application by the Board last year. If this plan were constructed today the school would utilize the community center. They would use the basement during the week when the temple was not using the facility and the first floor of the community center when the temple was not using it. The playground area would be in the flat area behind the center to be used by the school only. He stated that the dashed red lines show the phasing of this project. The intent is to start construction of the site work which would consist of widening a portion of West Ramapo Avenue, the frontage along Ramapo Valley Road as approved by the County and the driveways as approved.

Mr. McNally displayed Exhibit 1 which shows the intent if the construction were to proceed. It shows a front parking lot to be built which is as approved on the Hindu Temple site plan, a portion of the second parking lot for parking for staff and teachers and to allow for drop off of children and walkways to the school. The site would be graded in accordance with the approved site plan and those portions of drainage required would be constructed. A small playground would be fenced in.

The school would be fully handicapped accessible, would be constructed on a temporary basis and would consist of modules about 14' wide and 60' long. Once this work is done the school would be occupied and start operations. It would be fenced off from the rest of the site for safety purposes and to segregate the continuing operation of the work from the balance of the temple site.

It is intended that once the full site is completed, during the summer when the school is closed, the temporary building will be removed, taken apart and sent back for partial refund and the rest of the parking lot will be completed. When the fall session starts the intent would be for the school operation to move into the community center.

Mr. McNally stated that they tried not to change the site plan at all other than the temporary location of the temporary structure and the temporary playground which would be removed. The final product would be what was approved by the Board with the addition of a fenced in playground in the rear yard of the Community Center.

Mr. Scandariato stated that he did not necessarily agree that the Board’s jurisdiction is superceded by the State of New Jersey under Title 18A. He said this is not a Board of Education property but a privately owned property which received site plan approval. At the very least you need to come back for amended site plan approval.

Mr. Delia passed out a letter dated August 23, 2001 from the State to Mr. Montroy and asked that it be reviewed and special note taken of Paragraph 6. He said the letter sets forth the basic review process for charter schools and gives it the same classification as Board of Education property.

Mr. Delia said they could have a more detailed plan for the Board to review in two to two and one-half weeks. Ms. Wiley stated - our engineer needs time to review.
Mr. Scandariato asked Mr. Delia if he was aware that there was contamination on the site and that the reason the parking lot was put there in its entirety was based on DEP rulings that it must be covered by macadam.

Mr. Delia answered it will be.

Mr. Scandariato said not according to what you show on Exhibit 1.

Mr. Delia again asked Mr. McNally to come back up.

Mr. McNally stated that they will have to comply with the State regulations.

Mr. Scandariato asked that they file an application and come in with plans.

Mr. Delia stated that they are not submitting an application for the Board’s approval. That is not the process from his perspective. If you disagree we will deal with that as it arises.

Mr. Delia stated for the record “we are not here for a vote of yes or no, for approval from you, we are here to present for your observation, to use the terminology, for consultation, at which point you would then direct a letter to the State. If this were any other preempted application we could submit a letter to bring to your attention what we are doing, get a date, have an opportunity to review, listen to what you have to say, but it is not a binding conclusion. The State has jurisdiction over its schools.” Mr. Delia stated that there is a difference of opinion as to how this matter should proceed.

Mr. Scandariato said we will take a look at it.

Mr. Delia asked for a date. April 22, 2002.



No old or new business.


A motion to adjourn was made by Ms. Omsberg, seconded by Mr. Trent at 8:45 P.M., all were in favor.

These minutes were prepared by Joan Mandle

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