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TOWNSHIP OF MAHWAH PLANNING BOARD
MINUTES

NOVEMBER 14, 2005


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 Dr., 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. DaPuzzo, Mr. Jandris, Dr. Ross, Mr. Trent, Mr.
Crean, Mr. Donigian (7:06 P.M.), Mr. Rudolph, Mr. Sherer.

ABSENT: Mayor Martel, Ms. Richter

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

II. APPROVAL OF BILLS

No bills were presented for payment.

III. APPROVAL OF MINUTES

A motion to approve the minutes of October 24, 2005 was made by Mr. Trent and seconded by Mr. Jandris. All voted in favor with 2 abstentions by Mr. Brotherton and Mr. DaPuzzo.

IV. MEMORIALIZING RESOLUTIONS

FROM OCTOBER 24, 2005 MEETING:

1. DKT. #481-F – AIRMONT ACRES, LLC. – AIRMONT AVE.
2. E-BD-216-239-395 – KEVO DEVELOPMENT CORP., 18 PATRICK BREM
3. TA-05-2031 – FALCIANO, T/A RICCIO SALON, 425 FOREST RD.
4. E-BD-216-1852 – DANY, 16 MOUNTAIN RD.

A motion to approve the Resolutions was made by Mr. Trent and seconded by Mr. Crean. A roll call of eligible members revealed 6 aye votes by Mr. Jandris, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Rudolph and Mr. Sherer.
V. OPEN TO THE PUBLIC

There were no questions or statements from the Public.

VI. PUBLIC HEARINGS

A. E-BD-216-1860 – SHEFFLER, 147 HALIFAX RD.

The application has been withdrawn from the Planning Board. There is a change in jurisdiction and will go before the Board Of Adjustment.

B. AMENDED HOUSING ELEMENT AND FAIR SHARE HOUSING PLAN -
AMENDMENT TO THE MASTER PLAN

Mr. Burgis gave a brief overview of his report. Mr. Burgis stated that although our housing obligation is very high and we have so many excess and surplus credits from prior activities we are able to credit that towards our third round which is called growth share obligation. There is a third round growth share obligation estimated to be 160 dwelling units. We have 681 credits from prior activities. There are 521 excess credits.

Mr. Burgis stated the detailed document explains to the Council and Affordable Housing how he arrived at the growth share methodology, rehabilitation obligation and where all the excess credits come from. The report indicates that they have projected about 250 additional dwelling units in town over the next 10 years. They also project about 3300 additional jobs. He explained the COAH formula showing how they arrived at the 160 dwelling units.

Mr. Burgis suggested the Planning Board adopt the Resolution approving this plan as part of the Master Plan and recommend to the Mayor and Council that they accept this document and forward it on to the Council and Affordable Housing. There is a December 20th deadline date.

Dr. Ross stated that the Housing Commission reviewed this plan and they are in agreement with the plan drawn by Mr. Burgis.

Mr. Burgis stated that with the certification of this document, we will be fully protected until the year 2014. Then there will be the fourth round obligation.

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

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

A motion to adopt the Amended Housing Element and Fair Share Housing Plan as an amendment to the Master Plan and recommend that this be forwarded to Council and COAH for certification was made by Mr. DaPuzzo and seconded by Mr. Jandris. A roll call revealed 9 aye votes by Mr. Brotherton, Mr. DaPuzzo, Mr. Jandris, Mr. Trent, Dr. Ross, Mr. Crean, Mr. Donigian, Mr. Rudolph and Mr. Sherer.

C. DKT. #372-A-6 & #372-A-6S – STRYKER, 325 CORPORATE DR.

Bruce Whitaker, Attorney for the Applicant appeared before the Board.

Notices were in order.

The application is for an amended site plan and soil movement approval. The applicant is proposing to construct a building for the purposes of taking the doctors and people being trained out of the manufacturing element and have them in this particular educational facility itself. The building will be 37,632 sq. ft. and will consist of classrooms, a library, research area and an auditorium. The hours of operation will be 7 days a week. If doctors need to come in and be trained on the weekend they can do so. There may be classes as early as 7 a.m. They are expecting 5 or 6 employees to be moved to this facility with an addition of 4 employees. The largest number of people at this facility will be the visitors.

Mr. Whitaker stated that the proposed number of parking spaces will be in excess of what is actually needed.

Andrew Missey, P.E., 12 Route 17 North, Paramus was sworn in. The Site Plan dated September 5, 2005 was marked Exhibit “A-1”.

Under questioning by Mr. Whitaker, Mr. Missey addressed the site plan. Mr. Missey stated they are proposing all of their activity on the westerly location of the site. They are proposing to reconfigure the main access drive aisle. They will be expanding the parking lot to the west as a 141 stall lot. The improved lot coverage will be 51.1% where 70% is allowed in the IP120 zone. The impervious area, total number of parking spaces and the total building footprint will increase by approximately 4%.

Mr. Missey stated they comply with all bulk requirements with one exception. They are asking that they be allowed to maintain the 9 x 18 stall dimension in their future parking plan. The existing stalls closest to the building are 9 x 20 and used for visitor parking.

Mr. Missey stated they will need a variance for signage. They are proposing to locate the third site sign internal to the site to specifically identify the Educational Center. This sign will not be visible from any location on Corporate Dr. or Route 17.

The applicant is requesting the following waivers:

1. Future parking deferral. They are proposing to construct 1473 stalls as part of this site
plan. By code they will need 2124 stalls. They are proposing to defer the 651 spaces
to the future with the parking stalls size being 9 x 18.
2. The applicant is proposing 3 to 1 slope. They will stabilize and protect the slopes.

3. The applicant does not meet the 30 ft. curb return radii required at all driveway
intersections. In certain areas they need a 10 ft. radius and in others a 20 ft. radius to
accommodate the vehicles that need to access those areas.

Regarding the soil movement application, Mr. Missey stated the cut volume will be 14,835 cubic yards and the fill volume will be 1,722 cubic yards. The total export volume will be 13,113 cubic yards. They are in receipt of the Boswell Report dated November 4, 2005 and will comply with all comments and requests. They will also comply with the Burgis Report dated October 26, 2005.

Mr. Whitaker presented a photo of the proposed sign showing its location.

Mr. Whitaker indicated that a Drainage Report has been submitted to Boswell Engineering.

Kevin C. Gore, AIA, 21 Grand Ave., Palisades Pk., N. J. was sworn in. Mr. Gore was qualified as an expert witness. He addressed the architectural drawings submitted with the application.

Under questioning by Mr. Whitaker, Mr. Gore stated the lighting will match what currently exists on the site.

Mr. Gore reviewed the landscaping plan. Based on a report from Mr. Burgis regarding additional area for landscaping, Mr. Gore described the proposed landscaping to accommodate these requests.

Mr. DaPuzzo asked about tree replacement. If necessary the applicant is required to donate to the tree bank.

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

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

A motion to approve subject to meeting all requirements in the Boswell and Burgis report including the tree bank was made by Mr. DaPuzzo and seconded by Mr. Jandris. A roll call revealed 9 aye votes by Mr. Brotherton, Mr. Jandris, Mr. DaPuzzo, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Donigian, Mr. Rudolph and Mr. Sherer.

Mr. Whitaker stated a Bergen County Planning Board application has been submitted as well as a Bergen County Soil. Mr. Whitaker also indicated that the Township of Mahwah has a very large Escrow Account as well as Letters of Credit as it pertains to the overall development of Stryker. Mr. Whitaker suggested that he would recognize that Council would require a new Developer’s Agreement.

VII: WORK SESSION:

A. OLD/NEW BUSINESS:

1. OUTDOOR SALES ORDINANCE

Regarding the Outdoor Sales Ordinance sent to the Council, Dr. Ross indicated that the Council has made some changes which needed to be addressed. There were some minor changes and a new paragraph was added regarding vending machines. The Board agreed with these recommendations.

A motion to approve recommendations and send back to the Council was made by Mr. DaPuzzo and seconded by Mr. Rudolph. A roll call of members present revealed 9 aye votes by Mr. Brotherton, Mr. Jandris, Mr. DaPuzzo, Dr. Ross, Mr. Crean, Mr. Trent, Mr. Donigian, Mr. Rudolph and Mr. Sherer.

2. HOME DEPOT

Mr. DaPuzzo had some concerns and questions regarding signage for vehicles that would be approaching Home Depot on Route 17. He feels this is a major traffic safety concern and asked if any response has come back from DOT regarding this issue.

Mr. Kelly stated he would follow up with Home Depot indicating that they recommend additional signage with a copy to DOT and should be addressed immediately.

B. COMMITTEE REPORTS

None

VIII: ADJOURNMENT:

A motion to adjourn was made by Mr. Donigian and seconded by Mr. Jandris. All voted in favor. The meeting was adjourned at 8:40 p.m.




These minutes were prepared by Rosalie DeMartino.




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