Township of Mahwah, NJ
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NOVEMBER 24, 2003



The combined public/work session meeting of the Planning Board of the Township of Mahwah, held at the Municipal Building, 475 Corporate Drive, Mahwah, NJ was called to order at 8:00 P.M. by Mr.Brotherton, Vice 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 recording is on file with the Board Secretary at the Planning Board Office, 475 Corporate Drive, Mahwah, NJ. Copies of the recording may be purchased for a fee.

PRESENT: Mr. Brotherton, Mr. Donigian, Mr. Trent, Mr. Jandris, Mr. Crean, Mr. Rudolph, Mr. Roth.

ABSENT: Mr. DaPuzzo, Mayor Martel, Dr. Ross, Mr. Lamster

PROFESSIONALS: Peter Scandariato, Esq., Michael Kelly, P.E., Joseph Burgis, P.P.







A motion to open the meeting to the public was made by Mr. Trent and seconded by Mr. Crean.

A motion to close the meeting to the public was made by Mr. Trent and seconded by Mr. Crean.



Joseph Behot, Esq. of Sokol, Behot and Fiorenzo, Hackensack, N.J. appeared on behalf of the applicant. This application pertains to a 40 acre parcel behind International Crossroads and Sharp Electronics. The property is located in the OP-200 Zone.

They presented two conceptual plans.

Bruce Hawkins, P.E. was introduced. He reviewed the plans. There is access from two points -- an easement from the Sharp property and a bridge on far end of site which is the frontage. There is a 30 ft. right-of-way. There will be four office/warehouse structures and 2 – parking spaces per thousand sq. ft. The buildings are staged. There will be a 150,000 + sq. ft. office building. They have tried to have it conform with the current zoning.

The office/warehouse building will be approximately 45,000 sq. ft. – 8 stories, approximately 110 ft. high.

Two of the buildings would be approximately 33,000 sq. ft. – one story, approximately 24 ft. high.

One building will be approximately 21,000 sq. ft. – one story, approximately 24 ft. high.

There will be a parking garage.

The bridge opens directly into the residential area across and it was discussed that this should not be the direct access. An L.O.I. has been obtained regarding the wetlands.

A second conceptual plan was displayed. The buildings are a little smaller in this plan. The major difference is that instead of a fourth warehouse facility there is an ice hockey rink. Instead of an office building there will be a three-story motel.
The total square footage for this plan is:

Hotel – 3 stories - 23,000 sq. ft. per story, roughly 70, 000 sq. ft. - No parking garage.

Hockey Rink – approximately 53,000 sq. ft.

A question was raised as to whether or not a hockey rink is a permitted use in the OP 200 zone. A rezoning to permit this type of facility will be necessary or the applicant may have to go before the Board of Adjustment for a use variance.

Emergency access was discussed.


David Becker, Esq., Jeffer, Hopkinson and Vogel appeared on behalf of the applicant. A year ago there was approval for 122 Fardale Avenue, Block 162 lot 229 for a three lot subdivision. They are requesting an extension. The MLUL requires an extension after 190 days have passed. They are also in a position to perfect the subdivision and have drafted a deed. This is reaffirming the previous subdivision approval. There have been no changes made to the previous subdivision plan.

Boswell requires review of the subdivision plat and the deeds that were submitted. It was recommended that they not be released until they are sure no changes have to be made.

A motion to approve the extension of the subdivision approval was made by Mr. Trent and seconded by Mr. Roth. A roll call of members present revealed six (6) yes votes by Mr. Brotherton, Mr. Donigian, Mr. Trent, Mr. Crean, Mr. Rudolph and Mr. Roth.




Re: Gabreillian

The Russo Organization offered to show some of their buildings. They would provide a shuttle bus.

A straw pole vote was taken as to who would like to see the buildings. Mr. Jandris Tentatively, Mr. Rudolph---Yes. Crean – Possible, Trent – No, Roth – Tentative, Donigian - No

Some people have expressed some interest. Coordination of this sounds difficult.


LOTS, 53-55

Bruce Whitaker, Esq., of McDonnell & Whitaker appeared on behalf of the applicant. This application is for the subdivision for Lots 53-55, Block 23 in the R-80 Zone. Notice was in order.

This application seeks subdivision approval for 9 lots. The applicant is creating 8 new lots in which they propose single-family dwelling units. They also request certain variances and waivers. They have made application for soil movement and have noticed for same. The application consists of a 10 sheet plan with latest rev. 11/13/03. Boswell has entered its report of 11/21/03.

Herbert Schlesinger, 29 Church Street, Ramsey, New Jersey was qualified as an expert witness. Mr. Schlesinger discussed the existing conditions on the site. The site is 59 acres, bounded by Rio Vista on the east, Ramapo Valley Rd. on the west. Topography is a gradient from east to west, some steep terrain. There are a number of drainage outlets along Ramapo Valley Road and there is a large right of way. There are no utilities that front the property. Those utilities will be brought from the Rio Vista development. There is a major homestead house on the site which will remain and use the existing driveway off Route 202. Structures of historic significance have been noted on the plan. This applicant proposes 8 new building lots on the northerly end of the tract. There will be two roadways. Lot 9 is one lot. There are wetlands on the site. There is proposed buffering averaging. There is a sanitary sewer system which is a pressure system and a water main to be serviced by Rio Vista. The length and configuration of the roadways were discussed. Rd. #1 – 650 ft. long. Rd. #2 – 550 ft. This meets RSIS standards. Applicant proposes to exceed what is proposed by RSIS standards as it pertains to paving. There will be curbing on the new roadways.

The bulk requirements of the 8 lots was discussed. Lots 1-5 are routine. Lots 6, 7and 8 are called view lots. The style and caliber of these homes would be similar to the homes in Rio Vista.

Mr. Schlesinger discussed interpretation requirements for lot depth. By the current interpretation of the Ordinance the applicant interprets that Lots 1, 3, 5 and 7 would require variances. Mr. Schlesinger feels that the lots proposed are regularly shaped parcels.

Mr. Schlesinger discussed retaining walls.

Based upon the applicant’s interpretation of the definitions under the Code it is the applicant’s opinion that no variances are required.

Mr. Schlesinger discussed drainage and detention systems on the site and stated that the drainage systems will meet RSIS standards.

The applicant proposes a homeowner’s association which will be responsible for the maintenance of the underground detention facility, culvert and headwall.

The ten pages of the drainage system was marked Exhibit “A-1”.

The color renderings were marked Exhibit “A-2”.

Boswell is reviewing the drainage submission made by the applicant and the claims made by Mr. Green. They expect to have a report within a week to 10 days.

Mr. Schlesinger stated that there are five waivers requested. Side lot lines, sidewalks, topography within 200 ft., slopes and retaining walls.

The applicant will stake the road out for limit of clearing and the Environmental Commission will be notified to come out and do an inspection. The applicant will then meet with the Environmental Commission if requested.

Bergen County Soil Conservation District approval should be obtained within the next five weeks. The County has the plans and there will be a meeting scheduled. Soil movement plans were submitted to the Board for the entire development. Soil movement will be - cut of 38,060 cy., fill of 15,000 c.y. and an export of 23,000 c.y.

The applicant will submit the information regarding the grading around lot 8 to the Board.

A motion to open the meeting to the public was made by Mr. DaPuzzo and seconded by Mr. Trent.

Thomas Williams owns a one-family home contiguous to Mr. Green’s. Mr. Williams questioned how long the existing structures will remain on the one lot and further development.

Mr. Fiorenzo spoke on contractual rights regarding the existing property. He is general counsel to the applicant.

The property owner at 15 Deerhaven Road, Mahwah, New Jersey had concerns regarding the school bus stop, traffic and flooding.

Bob Westoff, Lot 5, Rio Vista, questioned the caliber of the homes which would be constructed and lot depth as it pertains to the home that will be built behind his.

Ken Cerullo a Class “B” member of the Mahwah Historic Preservation Commission appeared. He stated that they are sending a member to each of the Board meetings to open a dialog between the Commission and the Board. He asked the Board not to act on the plans tonight. He stated that both structures on the site are on the Bergen County Historic Sites Survey.

The methodology proposed for measuring lot depth was discussed.

This matter was carried to the meeting of December 15, 2003.

A motion to close the meeting to the public was made by Mr. Trent and seconded by Mr. Roth. All in favor.

B. DKT. #450, OMNIPOINT, BL. 65, LOT 3, 82 MC KEE DRIVE.

OFF TO 12/15/03

A motion to put together a proposed ordinance on retaining walls was made by Mr. Crean and seconded by Mr. Roth. All in favor. Mr. DaPuzzo recused himself.


A motion to adjourn the meeting was made by Mr. Trent and seconded by Mr. Jandris. All in favor. The meeting was adjourned at 11:00 pm.

These minutes were prepared by Joan Mandle

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