Township of Mahwah, NJ
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December 8, 2005 MINUTES

The meeting was called to order at 7:00 p.m.

SUNSHINE STATEMENT: The secretary read the Sunshine Statement.



Marthajean Drago Chair Carol Greene, excused
John Bristow, late 7:18pm
Lynn Ballerini
Kenneth Cerullo
Colleen Kennedy
Gus Vasiliadis, late 7:07pm
Thomas Thornton
Barbara Shanley

Attorney: Nilufer Descherer

Salute to the Flag:


October 27, 2005 and November 10, 2005 minutes:

Mrs. Shanley motioned to accept the minutes as read and Ms. Kennedy seconded the motion. All approved.

The secretary reported that the attorney for Vista Bahn, Docket 461, called and reported that the application is not on the Planning Board agenda and requested that the HPC table the application until the HPC January 12, 2005 meeting. Mr. Thornton requested that the HPC request from the Planning/Zoning Official to clarify the regulation on retaining wall installation and explain how the Steep Slope Ordinance affects this application. Mr. Thornton also asked who at the County level would the HPC contact regarding a County Vista View Scenic Shed ordinance. Mrs. Drago reported that the County would reply that it is the responsibility of the municipality.


Mrs. Shanley made a motion to open the Public Session and Mrs. Ballerini seconded the motion. All approved. The Public Session was opened at 7:15 p.m.

The Chair recognized Mr. Paul Turner, 42 Oweno Road, Mahwah and Mr. Turner’s attorney, Mr. Jarrod Lans, 433 Hackensack Avenue, Hackensack, NJ. Mr. Turner asked that the HPC explain why the HPC ordered a stop work order on 26 Oweno Road. The Chair explained that the HPC did not order a stop work order on the project, that the Construction Official had issued the stop work order, because the application was for an addition not a demolition. The Chair reported that all demolition applications come before the HPC for their recommendation. The Commission questioned the demolition, because a demolition application for this project was never submitted to the HPC. The Chair reported that this application should go back to the Construction Official for the proper application (as a demolition not an addition application). Mr. Lans asked that besides the properties listed on the Historic Element of the Ordinance, is there a historic district that is covered in the Ordinance or is it property to property. The Chair confirmed that it is property to property.

The applicant expressed his frustration with the procedural misunderstanding and thanked the HPC for explaining the process. Mr. Turner will call the Construction Official tomorrow and apply for a demolition application, which will be forwarded to the HPC for their review.

The Chair recognized Steven and Karen Kesner, 201 East Crescent Avenue, Mahwah. The Kesner’s submitted photos of the demolition application structure for Docket 494. This application was denied at the HPC November 10, 2005 meeting stating, “the plans lack specific information in the description of the existing building that are noted to be removed,” specifically the age of the building. After reviewing the photos, the HPC determined that the structures noted to be demolished had no historic significance. The Commission reported to the Kesner’s that when the application comes before them again, they will approve the demolition application.

Mr. Thornton motioned to close the Public Session and adjourn the meeting to allow the HPC to attend the Township Council Public Action meeting for the presentation of the Annual Historic Awards” and Ms. Kennedy seconded the motion. The meeting adjourned at 7:55 p.m. All approved.

8:55 p.m.

Mr. Bristow motion to resume the HPC meeting and Mr. Vasiliadis seconded the motion. All approved. Mrs. Shanley was not present.


Demolition: 26 Oweno Road. Mr. Vasiliadis moved to approve the Demolition application for 26 Oweno and Ms. Kennedy seconded the motion. Mr. Thornton asked if the motion was to accept the application as presented. The Chair reported that that this application should be set aside until all members review the application. Mr. Vasiliadis recinded his motion.

Vista Bahn Estates PhII, Docket 461: The secretary again reported that the applicant requested that the application be table until the January 12, 2005 HPC meeting. Mr. Bristow moved to table Docket 461 PHII until the January 12, 2005 HPC meeting and Ms. Kennedy seconded the motion. All approved.

Ballerini, yes; Bristow, yes; Thornton, yes; Vasiliadis, yes;
Cerullo, yes; Shanley, yes; Kennedy, yes; Drago, yes

Demolition: 26 Oweno Road: Mr. Thornton reported that this application came to the Construction Official as an addition. That addition turned into a demolition. Mr. Thornton reported that the structure is already demolished. Therefore, the Commission is not approving a demolition application. Mr. Thornton requested that the Construction Official clarify that the HPC is approving a demolition application not an addition. The Chair will sign off on the demolition application not the addition application.

Budget: Mrs. Drago will present the 2005 Budget to the Township Council.

Mrs. Shanley submitted bills for reimbursement from the Historic Awards reception.

Old Business: No updates at this time.

General Discussion: None at this time.

The HPC meeting was adjourned at 9:45 p.m.

These minutes are a synopsis of the MHPC tapes, which are on file at the Township Hall.


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