Township of Mahwah, NJ
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SEPTEMBER 13, 2004



The combined public/work session meeting of the Planning Board of the Township of Mahwah held at the Municipal Building, 475 Corporate Dr., Mahwah, N. J. 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.

PRESENT: Mr. Brotherton, Mr. J. Kelly, Mr. Jandris, Mayor Martel (8:07), Dr. Ross, Mr. Trent, Mr. Crean, Mr. DaPuzzo, Mr. Lamster, Mr. Rudolph and Mr. Donigian (8:05).

PROFESSIONALS: Peter Scandariato, Esq., Mike Kelly, P.E., Donna Holmqvist, P.P.


8/26/04 Law Office of Carmine R. Alampi, Esq. $540.00
Peter J. Scandariato, Esq.

8/26/04 Law Office of Carmine R. Alampi, Esq. $400.00
Peter J. Scandariato, Esq.

2/11/04 Burgis Associates, Inc. $653.75

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


Page 4: #1 – Last sentence should read: “The sidewalk will be required to be 5 feet wide on Edison Rd.

Page 5: Last Paragraph – Change last sentence to read: “They stated they would provide estate fencing with pillars and iron fencing.

Page 6: #2 – Change word “enhanced” to read “maintenance of the”

Page 6: #3 – Change spelling of “Mr. Marner” to “Mr. Varner”

A motion to approve the minutes of August 23, 2004 as amended was made by Mr. DaPuzzo and seconded by Mr. J. Kelly. All in favor.


No Resolutions were presented.


A motion to open the meeting to the Public was made by Mr. Lamster and seconded by Mr. J. Kelly. All in favor.

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



Harold P. Cook III, Esq. appeared on behalf of the applicant.

Mr. Cook asked Mr. Weissman to describe the revisions dated 8/30/04 which incorporates the changes made to the plan based on the comments stated in Boswell’s letter dated August 19, 2004.

Mr. Weissman described the parking plan and the number of proposed spaces they will be providing. They are proposing 127 spaces which include 5 handicapped spaces where 131 spaces are required for this size building. Mr. Weissman stated he feels there are adequate spaces to support the proposed use.

The free standing sign setback was relocated to be 15 feet from the access drive aisle. The new sign will be set back 15 feet from the right-of-way as well.

Under questioning by Mr. Cook, Mr. Weissman described the lighting plan revised 9/13/04. Mr. Weissman presented this plan to the Board members. This plan depicts a 1.5 ft. candle limit. The lights have been proposed along the perimeter of the parking area both on the northerly and southerly sides to provide ample lighting for the site. Mr. Weissman stated he addressed Mike Kelly’s comments regarding point-by-point lighting analyses and lighting summary table.

Mr. Weissman stated they submitted a detail of both the free standing sign and the typical sign that would be proposed over the each of the tenants units. The free standing sign will be a back lit sign and the size of the lettering will comply with the sign ordinance.

Mr. Weissman addressed the concern about the flood hazard elevation of the HoHoKus Brook and whether or not it was a state studied water way. He stated he spoke with a gentleman familiar with the studying of water ways by the state and this portion of the
HoHoKus Brook is not a study portion of the stream.

Regarding the Chief of Police’s concern about the traffic flow of the soil being moved to and from the site, Mr. Weissman stated he will provide the information when available and prior to the issuance of the permits. They will comply with the ordinances.

Mr. Cook referred to Boswell Engineering’s letter of September 9, 2004. Mr. Weissman explained the reason for the waiver for parking lot landscaping. Islands can be provided by losing a couple of parking spaces. However, Mr. Weissman feels they would like to avoid having to do that.

Mayor Martel had a concern regarding the soil movement and the fact that the applicant did not know where the soil was coming from and where it is going. Mr. Weissman gave his explanation.

Mike Kelly explained the Soil Movement Application to the Board members. If the soil is not coming from Mahwah or it is questionable soil, it must be tested in accordance with the Town Ordinance. The applicant understands this procedure and is in agreement to provide the proper route of travel as a condition of approval.

Mayor Martel had a question regarding the stream that is in the back of this site. He asked Mr. Weissman to give the name of the person he spoke to regarding this stream. Mr. Weissman answered that he spoke with Mr. Rossi of Boswell Engineering.

In answer to Mr. DaPuzzo’s question regarding the lighting plan, Mike Kelly stated that he received the lighting report. Based on a quick review there will be some modifications and they could be worked out with the applicant.

Regarding the easement, Mr. Weissman stated it is a private easement and the applicant has the ability and the right to relinquish it. Mike Kelly requested a copy of the deed that shows this.

In answer to Mr. J. Kelly’s question regarding the slope request for a variance, Mr. Weissman stated there would be no increased run off to the HoHoKus Brook. The applicant will comply with any requirements requested by Boswell Engineering.

Mr. Crean asked if the fixtures on the building are included in the lighting plan. Mr. Weissman stated they are on the plan.

The applicant is to look into providing forward throw shoebox lighting for the lights on the building visible from Whitney Rd.

Mr. Brotherton had a concern regarding the dumpsters being close to the brook. Mr. Weissman stated that they are proposing a 5 foot PVC fence to screen the dumpsters.

Regarding the markings on the storm drains, Mike Kelly stated the Town requires that all catch basins be designated with a “Dump no waste. This catch basin drains to a waterway.” It is cast into the headpiece and Mr. Kelly stated that the applicant’s plan has to be revised to reflect this. The State also requires this. Mike Kelly stated that they are responsible for enforcing this.

Richard Hershberger, Landscape Architect, Franklin Ave., Montclair, N. J. was sworn in. He stated his credentials and was accepted as an expert witness.

Mr. Cook addressed the Landscape Plan which was last revised August 31, 2004. Mr. Cook asked Mr. Hershberger to describe the plan. He described the type of screening being proposed on the site to the residential property.

Mr. Brotherton requested the applicant supply the Board with the number of trees to be removed and the replacement trees.

Mike Kelly wanted to know the spacing of the white pines and the spruces at the south end of the site. Mr. Hershberger stated they are proposing 8 to 10 feet staggered. Between the staggered rows they will be approximately 12 feet.

Ms. Holmqvist stated that they felt the landscaping plan was acceptable.

Mr. Cook recalled Mr. Brown the Architect who designed the building. He stated that the only modification made to the plan was that the door heights were changed to 10 x 12 ft. high. He also indicated that there will be a light mounted on the canopy to highlight any numbers above or on the door to provide for security.

Mr. Cook recalled Mr. Roy LaBasco, applicant and builder. He described the site and the type of building he proposes to construct on the site. He also addressed the parking spaces, the traffic pattern and the turning radius.

Ms. Holmqvist voiced her concern about pedestrian circulation around the building. Mr. Labasco stated that he would agree to take 4 to 5 feet off the corner of the building in order to continue the sidewalk around the building.

At the Mayor’s suggestion, Mr. LaBasco agreed to shorten the building 5 feet and take 5 feet off the front and side. This will enable them to take the sidewalk and bring it around the building.

Mike Kelly stated this will take off approximately 650 sq. ft. which brings the parking calculation to 128 spaces required. They are proposing 127. The Board felt this would be no problem.

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

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

A motion to approve subject to the applicant complying with all conditions discussed at this hearing was made by Mr. DaPuzzo and seconded by Mr. J. Kelly. A roll call of members present revealed 9 aye votes by Mr. Brotherton, Mr. J. Kelly, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Mr. DaPuzzo and Mr. Lamster.


Public Hearing carried to October 11, 2004.



Linda Herlihy, Esq. appeared on behalf of the applicant.

Dr. Ross asked where they stood with Malcolm Pirnie and water and sewer. Ms. Herlihy stated that they have an inter-local agreement with Ramsey. Ramsey will provide sewer and water for the whole project. Ms. Herlihy gave a brief summary explaining how this agreement came about.

There was a discussion regarding the water and sewer and whether it would be Ramsey or Mahwah’s responsibility for the maintenance and sewer line. Also, who is going to pay for them and how are they going to be paid for. Ms. Herlihy stated they have been in touch with Justin Mahon of Malcolm Pirnie.

The matter of water and sewer must go to Council with Justin Mahon.

Since nothing has changed from the Preliminary Subdivision approval, Mr. DaPuzzo made a motion to approve the Final Subdivision contingent upon resolving the water and sewer issue.

Mike Kelly stated there were some minor issues that still had to be addressed. Ms. Herlihy agreed to comply with all issues in Mr. Kelly’s report.

Mr. Scandariato suggested that a condition be put in the Resolution that no building permits be issued until the water and sewer issue be resolved. The Board agreed.

Ms. Holmqvist had some issues that needed to be addressed. They are as follows:

1. How are the wetlands going to be identified on the plat? Ms. Herlihy stated they could add this to the plat if the Board would like to see this. There is a Declaration of Restriction for the transition area that the DEP requires the applicant to file. This has been filed of record with respect to all of the lots. The deed for the future owners will contain a reference to the restrictions of the wetlands.

2. Regarding the tree preservation, all trees being removed for the road and any other trees being removed for each plot plan will have to be shown. They have prepared a plan that shows the trees that have to be removed for the construction of just the road.

3. Regarding the purpose of the reverse right-of-way easements, Ms. Herlihy referred to the plan. These easements run along either side of the Municipal boundary line – 5 ft. to Mahwah and 5 ft. to Ramsey. An easement that runs along the bottom of the property line would require any one who sought to extend the road through these property lines would need the approval first of both Ramsey and Mahwah. Mr. Scandariato indicated that this could change the preliminary approval and they would need to come in for an amended preliminary approval and give notice to the people who are adjacent to the easement on the other side of the property line. After a discussion regarding the cross easement and the fact that the Board did not think this was a good idea, it was decided that the applicant would revert to the original plan.

Mike Kelly indicated that the applicant needs to get a classification exemption area designation from DEP that basically says the sight is clean. He also stated that there will have to be individual plot plans and soil movement applications for each lot.

Mr. Crean seconded the motion. A roll call of members present revealed 9 aye votes by Mr. Brotherton, Mr. J. Kelly, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Mr. DaPuzzo and Mr. Lamster.



A motion to conditionally approve was made by Mr. Trent and seconded by Mr. Donigian. A roll call of members present revealed 11 aye votes by Mr. Brotherton, Mr. J. Kelly, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Mr. DaPuzzo, Mr. Lamster, Mr. Rudolph and Mr. Donigian.

A motion to adjourn the meeting was made by Mr. Trent and seconded by Mr. Crean. All in favor. Meeting was adjourned at 9:56 p.m.

These minutes were prepared by Rosalie DeMartino.

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