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TOWNSHIP OF MAHWAH PLANNING BOARD

MINUTES

MARCH 14, 2005


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. Jandris, Dr. Ross, Mr. Trent, Mr. DaPuzzo, Mr. Rudolph, Mr. Donigian, Mayor Martel (7:35 p.m.)

ABSENT: Mr. Brotherton, Mr. J. Kelly, Mr. Crean

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

II. APPROVAL OF BILLS

1/24/05 Law Office of Carmine R. Alampi, Esq. $200.00
Peter J. Scandariato, Esq.

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

III. APPROVAL OF MINUTES

Mr. Rudolph’s name is to be added to the list of members present.

A motion to approve the minutes of February 14, 2005 with correction was made by Mr. DaPuzzo and seconded by Mr. Trent. All voted in favor.

IV. RESOLUTIONS

FROM MEETING OF 1/10/05:

1. TA 04-2037, DOC-TOR.COM, 575 CORPORATE DR.
2. TA 04-2036, JMS LANDSCAPING AND LAWN CARE, 107 MILLER RD.
3. DKT. #476-S – UNITED PARCEL SERVICES, 340 MACARTHUR BLVD.
4. DKT. #480 – PAUL & CHRISTINE ORLANDONI, STEPHENS LANE

A motion to conditionally approve the above Resolutions was made by Mr. Jandris and seconded by Mr. Trent. A roll call of eligible members revealed 6 aye votes by Mr. Jandris, Dr. Ross, Mr. Trent, Mr. DaPuzzo, Mr. Rudolph and Mr. Donigian.

FROM MEETING OF 2/14/05

1. DKT. #455-F -WOODCLIFF LAKE DEV. CO., CAMPGAW & FIKE RD.
2. DKT. #376-F - DANZA GROUP INC., HALIFAX RD.
3. TA 05-2001 – RED BANDANA, 27-35 FRANKLIN TURNPIKE
4. TA 05-2002 – C & M LANDSCAPE, 92 NORTH RAMAPO AVE.
5. TA 05-2003 – D & S INDUSTRIAL, 65 RAMAPO VALLEY RD

A motion to conditionally approve the above Resolutions was made by Mr. Jandris and seconded by Mr. Trent. A roll call revealed 5 aye votes by Mr. Jandris, Dr. Ross, Mr. Trent, Mr. DaPuzzo, Mr. Rudolph.

1. TA 04-2006A – LORENZO LANDSCAPE & DESIGN, CEDAR HILL AVE.

A motion to conditionally approve the above Resolution was made by Mr. Jandris and seconded by Mr. Trent. A roll call revealed 4 aye votes by Mr. Jandris, Mr. Trent, Mr. DaPuzzo and Mr. Rudolph.

V. OPEN TO THE PUBLIC

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

Bruce Whitaker, Esq. appeared before the Board to comment on the Vista Bahn subdivision approval. One of the requirements of approval was for a Homeowner’s Association to be established. This has been established and the name of the association is “Ramapo Preserve at Mahwah”. They are planning on putting an identification sign on either side of the entrance to Vista Bahn. The sign will be 2 feet and made of bronze and maintained with seasonal plantings around it. There will be an easement on it and placed in a location that will not affect site distance. The sign will be installed in a stone fence which meets all zoning requirements.

Mr. Whitaker presented a sketch of the proposed sign and fence. He is submitting a copy of the easement for Mr. Scandariato’s approval.

The Board members had no objection to the placement of this sign and fence.

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

VI. PUBLIC HEARINGS

A. DKT. #481 AND #481-S, AIRMONT ACRES LLC.-MAJOR SUBDIVISION

Darryl Siss, Esq. appeared before the Board.

Mr. Siss gave a brief synopsis of the application and testimony given at the last meeting. A soil movement application was filed and notices were in order. They will provide testimony on the soil movement application this evening.

Mr. Siss addressed the issues the Board had from the last meeting. There was an issue in Malcolm Pirnie’s letter regarding certain requirements. The applicant contacted Malcolm Pirnie and a response letter was sent to clear up this issue.

The applicant and Mike Kelly met with the adjoining property owner regarding this property becoming a corner lot. Mr. Siss stated that the owner would accept being a corner lot which will give her the ability to put a driveway out into the new street.

Regarding the issue of the site triangle being placed on the adjoining owner’s property, Mr. Siss stated that the owner does not want this site triangle placed on her property. Mike Kelly stated that they are not as concerned about the site triangle as much as they are about providing sufficient site distance which will be required by the County. Mr. Kelly stated he has no objection to the applicant requesting a waiver if they cannot get the easement from the neighbor. He will not have a problem granting this as long as sufficient site distance is provided which he believes they will meet.

The applicant is providing sidewalks in the cul-de-sac and along the entire frontage on Airmont Ave.

Regarding the soil movement application, Mr. Kelly stated that he has reviewed the application and sees no problem. The applicant needs to submit Section II before they move any soil. They are proposing to plant 8 trees on site with no removal of any existing trees.

Mr. Burgis stated that according to Section 24-5:C-1, Side Yard Exceptions, the adjoining neighbor can maintain a side yard set back on the new side street.

Regarding the soil movement application Mr. Kirch stated the soil movement calculations.

Mr. Kirch stated that the side that is adjacent to the southerly lot will not have a sidewalk since the residential design standards only calls for a sidewalk on one side.

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

Gertrude Heaney, 282 Airmont Ave. appeared before the Board. She was concerned about there being 2 surveys on the property. Peter Kirch will look into this.

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

A motion to approve was made by Mr. Trent and seconded by Mr. DaPuzzo. A roll call of members present revealed 5 aye votes by Mr. Jandris, Dr. Ross, Mr. Trent, Mr. DaPuzzo and Mr. Rudolph and 1 abstention by Mr. Donigian.

VII. WORK SESSION

A. E-BD-216-374 – PHEASANT LAKES ESTATES, 9 HELLER CT.

Bruce Whitaker, Esq. appeared on behalf of the applicant, Pheasant Lakes Estates, BL. 21.05, Lot 30.

The property is under construction and the foundation was installed as per Mr. Kelly’s memo dated February 2, 2005. The top foundation is currently 2.34 feet above the approved first floor elevation. Mr. Whitaker stated that the Building Department has no objection to this and it hasn’t infringed on the drainage on the lot.

Mike Kelly stated that based on revised grading, the applicant needs a waiver for slopes up to 1V:3H where they had 1V:4H. The applicant needs to revise their soil application to reflect the proposed site grading.

In answer to Ms. Winokur’s question, Mr. Kelly indicated that the applicant should revise their zoning application to reflect the grading plan changes and the current building height for conformance. It still will be within what is permitted and was approved.

A motion to approve subject to Mr. Kelly’s comment was made by Mr. Trent and seconded by Mr. Jandris. A roll call of members present revealed 6 aye votes by Mr. Jandris, Dr. Ross, Mr. Trent, Mr. DaPuzzo, Mr. Rudolph and Mr. Donigian.

B. DKT. #445-F – FRANKLIN TPK.CONSTRUCTION, 1 TRELLIS COURT

Peter Montalbano appeared before the Board. He referred to Mike Kelly’s report dated February 8, 2005. The house was lowered. The original plan showed a garage under the house and they are proposing a garage on grade. The drop was 3-1/ ft.

Mike Kelly stated that the applicant has revised the plot plan to address his comments in the report dated February 8, 2005 and he has no problem with the lowering of the house by 3-1/2 ft.
A motion to approve was made by Mr. DaPuzzo and seconded by Mr. Trent. A roll call of members present revealed 6 aye votes by Mr. Jandris, Dr. Ross, Mr. Trent, Mr. DaPuzzo, Mr. Rudolph, Mr. Donigian and 1 abstention by Mayor Martel.

C. DKT. #397 – HINDU SAMAJ

Dinesh Khosla, 49 Old Brook Rd., Saddle River, representing the Hindu Samaj Temple appeared before the Board. He is requesting an extension of the Developer’s Agreement.

Ms. Winokur explained that the Hindu Samaj does not have an executed Developer’s Agreement and in speaking with their attorney, Mr. Collins, she believes they are here for an extension on the site plan approval.

The applicant has addressed the comments in the Boswell report. Mike Kelly stated that the applicant has applied for a soil movement permit approval and should be heard at the meeting of April 11, 2005.

Mr. DaPuzzo questioned the number of families in the congregation not housed on site. There are approximately 240 life members and are considered to be transients. The original plan was approved in December, 1999 with an additional extension to March 9, 2005. The Board is permitted to grant an additional 9 month extension from March 9, 2005 to start the project.

A motion to approve the 9 month extension from March 9, 2005 to start the project was made by Mayor Martel and seconded by Mr. DaPuzzo. A roll call of members present revealed 7 aye votes by Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. DaPuzzo, Mr. Rudolph and Mr. Donigian.

D. WOODCLIFF LAKE DEV. – CONCEPTUAL PRESENTATION
ZONING CHANGE REQUEST BL. 23, LOTS 21-24.

Thomas Van Dam, Esq. appeared on behalf of the applicant.

Peter Montalbano appeared before the Board. He described the property in question and stated they are contract purchases on the land owned by Mr. Higginson and obtaining 2 acres of land owned by Mr. Merrill. They are proposing 30 units in 15 buildings on 7 acres of land. The units will consist of 3000 sq. ft. and have 3 bedrooms and a 2 car garage.

Mr. Merrill will be responsible for testing and cleaning up this land.

The applicant is proposing to rezone this section to a PRD-6 zone. It is currently 1 acre zoning.

They are planning on appearing before the Board for a minor subdivision on Lot 24 after the closing.
Herb Schlesinger stated that the patio homes located at Darlington Village and next to this site is R40 and was given approval by the Board of Adjustment.

Regarding the rezoning of this property, Mr. Donigian felt it would be better received by the Council if they restrict these units to 55 years of age and older. Mr. Montalbano stated that they would prefer to market these homes with the age restriction.

Mr. Van Dam stated that if the Board approves this recommendation, the applicant would appear before the Council with more evolved site plans, engineering reports, planning reports, etc.

After a discussion regarding this property and its current condition, the Board agreed to recommend the zone change to permit these homes.

In answer to Mayor Martel’s question, Mr. Montalbano stated they are in the process of testing the soil and should have answers in the very near future and the type of clean up that would be necessary.

A motion to recommend that the Council reconsider the rezoning of the property to PRD6 with an age restriction of 55 and older was made by Mr. Trent and seconded by Mr. Rudolph. A roll call of members present revealed 7 aye votes by Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. DaPuzzo, Mr. Rudolph, Mr. Donigian.

E. MAHWAH’S STORMWATER MANAGEMENT PLAN

Mike Kelly of Boswell Engineering presented the Board with a copy of the Storm Water Management Plan for the Town. This plan is the town’s approach to addressing ground water recharge issues, storm water quantity issues and storm water quality issues by incorporating the storm water design and performance standards into the Township’s Master Plan. They are looking for a Resolution endorsing the plan and supporting Boswell’s submission of the plan to the County for any comments. Boswell will revise the plans as needed and introduce ordinances that will help address these issues. It will come back before the Planning Board for a public hearing.

Mr. Kelly stated this plan will link the RSIS standards with commercial development to address all these issues.

Mr. Kelly stated this has to be incorporated into the Master Plan within a year. This needs to be done by April 6, 2006. It will be a revision to the Master Plan.

A motion to approve was made by Mr. DaPuzzo and seconded by Mayor Martel. A roll call of members present revealed 7 aye votes by Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. DaPuzzo, Mr. Rudolph and Mr. Donigian.



F. COMMITTEE REPORTS:

1. TA 05-2008 – DUNKIN DONUTS, 130 RTE. 17 S.
2. TA 05-2007 – 65 RAMAPO VALLEY RD., COMMEND, INC.
3. TA 05-2011 – 65 RAMAPO VALLEY RD., BBC FUNDING INC.


A motion to approve was made by Mr. DaPuzzo and seconded by Mr. Donigian. A roll call of members present revealed 7 aye votes by Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. DaPuzzo, Mr. Rudolph and Mr. Donigian.

G. OLD/NEW BUSINESS:

Ms. Winokur stated that there are no standards for Mausoleums in the ordinance. There is a cemetery zone and a representative from Mary Rest Cemetery is proposing to construct Mausoleums on this site.

Mr. Scandariato stated that the zoning power is somewhat limited when it comes to cemeteries and mausoleums since they are governed by the State Cemetery Board.

The Board agreed that Mr. Burgis look into this and make some recommendations.

A motion to adjourn was made by Mr. Trent and seconded by Mayor Martel. The meeting was adjourned at 8:50 P.M.



These minutes were prepared by Rosalie DeMartino.









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