Township of Mahwah, NJ
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APRIL 18, 2005


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. J. Kelly, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. DaPuzzo, Mr. Rudolph, Mr. Donigian (7:25 p.m.)

ABSENT: Mr. Crean

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


None were presented.


A motion to approve the minutes of March 28, 2005 was made by Mr. Brotherton and seconded by Mr. Rudolph. All voted in favor.




Mr. Scandariato made the following changes to the revised Resolution:

Page 5, #8 (a): Change hours of operation to read 7:00 a.m. thru 9:00 p.m. Monday to Friday and 7:00 a.m. thru 6:00 p.m. on Saturday.

Page 8, #17, Line 3: Add “easement or license agreement”

Add the following to the list of variances:

Section 24-6.11a (1) (Buffers): Lot depth variance of 25 feet where 27.5 feet is required.

Section 24-611b (1) (Fencing): A 6 foot fence is requested within the front yard where
4 ft. is required.

A motion to approve was made by Mr. DaPuzzo and seconded by Mr. Brotherton. A roll call of eligible members revealed 6 aye votes by Mr. Brotherton, Mr. DaPuzzo, Mr. J. Kelly, Dr. Ross, Mr. Trent, Mr. Rudolph.


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

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



Thomas Van Dam, Attorney for the applicant appeared before the Board. He stated that they have obtained DOT approval to connect the two berms outside the property along Route 287. To reflect that berm, there are changes in the final design.

Mr. Peter Montalbano described the new design. They have changed the grading, raised the house one foot and put in a 200 foot piece of 6 foot sound wall similar to what is on Route 17.

In answer to Mr. DaPuzzo’s question, Mr. Montalbano stated the berm will be higher than the original plan.

Mike Kelly indicated that the developer is going to provide the actual noise readings upon completion of the sound barrier.

Mr. Montalbano stated the sound wall is made of a plastic composite.

Mike Kelly asked Mr. Montalbano to provide him with the specifications on the wall.

A motion to approve subject to Mike Kelly’s approval and the decibel level reading was made by Mr. DaPuzzo and seconded by Mr. Jandris. A roll call of members present revealed 7 aye votes by Mr. Brotherton, Mr. J. Kelly, Mr. Jandris, Dr. Ross, Mr. Trent, Mr. DaPuzzo and Mr. Rudolph and 2 abstentions by Mayor Martel and Mr. Donigian.


Richard Berger, Esq. and Joe Spataro appeared on behalf of the applicant.

Mr. Berger apologized to the Board and explained why the applicant proceeded to remove the trees on the site before receiving a soil movement permit.

Mr. Berger stated they sent a letter to one of the residents, the Planning Board, and the Environmental Commission proposing to schedule a walk through of the buffer zone with the Environmental Commission in order to agree upon the location of the new plantings and the fence in the buffer zone on either April 30 or May 1. They indicated in the letter that they would do a very minimal clearance of brush in order to permit visualization of the buffer area.

In answer to Mayor Martel’s question, Mike Kelly stated there was no pre-construction meeting prior to the site clearing. Mr. Kelly explained that these meetings are scheduled when they are in a position to issue a soil movement permit.

Mr. Kelly stated that there was a pre-construction meeting after the stop work order was placed on the job. He also stated he walked through the site and found the tree removal was within what was permitted aside from the fact they did not have a soil movement permit. There also was a walk through with some of the affected residents and some members of the Board.

Mr. Kelly stated the following four issues that need to be addressed:

1. At the south side of the site, south of proposed building “B”, he recommends the applicant provide a berm in that area and put the proposed landscaping on top of the buffer. The berm should be a minimum of six feet.

2. The area at the southwest side of the site just east of Swan Rd. has a sparsely treed
area that could also have a berm placed there.

3. The area south of proposed building “A” is a sloped area. He recommends the
Developer look at clearing some of the smaller trees and putting in a berm and
also put plantings on top of that.

4. Based on the walk through with the residents, they are requesting that the six foot
fence be placed on the Developer’s side of the buffer. From an Engineering stand
point he has no problem with this. Mr. Berger stated he would rather have the
fence on the outside but he would be willing to please the residents.

Mr. Berger stated they wanted to have the trees put in first so they had a year of growth before the building was up and occupied. In order for this to happen the plantings will have to be put in by the end of May.

Mr. Spataro stated they have no objection to putting the fence on the inside. The reason for placing the fence on the outside of the trees was because they were concerned about being able to get to the trees for watering and maintaining them.

Regarding Mike Kelly’s suggestion about raising the berms, Mr. Spataro agreed that anything they could do to raise the height of the plantings will help. He explained their proposal. Mr. Spataro stated they could raise the area as much as 3 or 4 feet and putting 6, 8 and 10 foot trees on it would make an appreciable buffer.

In response to Mike Kelly’s statement, Mr. Spataro stated they would need permission to clear beyond the limit of disturbance. They would only be removing the underbrush in order to clear the path for the plantings and the fence.

Mike Kelly requested a small berm in the area by Swan Dr. with a staggered row of evergreens in that area. He stated that a berm is needed in the area on the south side. Mr. Jandris and Mr. DaPuzzo also would like to see a berm on the southern end.

Mr. DaPuzzo stated that Mike Kelly will not issue a soil moving permit unless the Board is satisfied with their proposal. Mr. Kelly agreed.

Karl Krespane, 33 Swan Rd. appeared before the Board on behalf of the residents on Swan Rd. He stated that they were in favor of a berm and higher plantings on the Swan Rd. side. They were also looking for the planting of more mature trees in that area.

Dr. Ross suggested that he have a meeting with Mike Kelly, Joe Spataro, John Brotherton (Environmental Commission) and Mr. DaPuzzo along with some of the residents to come to an agreement so the project can move forward. The applicant is in agreement.

Mr. Spataro asked if they could have permission to remove the stumps on what was already cut. Mr. Kelly indicated that they are in a position to issue the soil movement permit and has no problem with this. Dr. Ross suggested that the permit be issued to remove the stumps only and that they cannot cut down any trees more than 2 inches in diameter. Mr. Brotherton asked that Mike Kelly be accompanied by Boswell’s professional arborist at this meeting.

Mike Kelly stated that his consideration of the stump removal is the removal of the existing stumps where the trees have been taken down with no additional disturbance to any of the existing trees that are to remain.

Mr. Kelly will make the arrangements and schedule the meeting. Mr. Jandris will also attend.



David Hals, P.E. appeared on behalf of the applicant. Mr. Hals was sworn in.

Mrs. Hals stated they are proposing to move 1289 cubic yards for the home, septic system and site grading. The total fill is 428 cubic yards, an import of 362 cubic yards and a total export of 861 cubic yards.

Mr. Hals addressed the letter from Boswell Engineering dated January 26, 2005 stating that they have addressed the comments in the letter. The revised plans are dated
February 2, 2005.

Mike Kelly addressed his follow up letter dated March 29, 2005. The applicant requested a variance for an accessory structure set back. Mr. Kelly stated they do not need this variance since they have 20 ft. where 15 ft. is required.

Mr. Hals stated that the garage will be used for storage space and not living area as indicated on the plans. This statement will be placed in the Resolution of approval.

Mr. Hals stated they were informed that there is no sewer access to this lot. They will check again since they prefer to tie into the sewer system.

There was a discrepancy in the soil quantities in Mike’s report of March 29, 2005. Mike Kelly stated he would use the quantities indicated on the plan as stated earlier by Mr. Hals.

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

Gene Capola, 557 Campgaw Road appeared before the Board. He asked to see the plans.
Mr. Hals stated they are proposing the removal of 10 trees and the replacement of 4 trees. They are not proposing to clear the site.

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

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

A motion to adjourn was made by Mr. J. Kelly. The meeting was adjourned at 8:50 p.m.

The minutes were prepared by Rosalie DeMartino.

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