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TOWNSHIP OF MAHWAH PLANNING BOARD
MINUTES

JUNE 12, 2006


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. DaPuzzo, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Rudolph, Mr. Donigian

ABSENT: Mr. Brotherton, Mr. Jandris, Ms. Richter, Mr. Sherer

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

II. APPROVAL OF BILLS

5/16/06 Harwood Lloyd $540.00

A motion to approve the bills as presented was made by Mr. DaPuzzo and seconded by Mr. Crean. All voted in favor.

III. APPROVAL OF MINUTES

A motion to approve the minutes of May 22, 2006 was made by Mr. Rudolph and seconded by Mr. Trent. All voted in favor with 1 abstention by Mr. DaPuzzo.

IV. MEMORIALIZING RESOLUTIONS

1. TA06-2024 – THERMWELL PRODUCT CO., INC., 31 MCKEE DR.
2. E-BD-216-1937 – DELOY, 111 MIDVALE MOUNTAIN RD.
3. DKT. #498 - VAN NATTA MECHANICAL CORP., 25 WHITNEY RD.
4. DKT. #499 – EMERALD ARTISANS, LLC.124 LAWRENCE RD.
5. DKT. #500 – MAROZIN/GERA, 8 MOUNTAIN AVE., 25 ISLAND RD.



Planning Board Minutes
June 12, 2006
Page 2.

A motion to approve was made by Mr. Crean and seconded by Mr. Rudolph. A roll call of eligible members revealed 4 aye votes by Dr. Ross, Mr. Trent, Mr. Crean, Mr. Rudolph. Mr. Rudolph abstained from voting on Docket No. 500.

V. OPEN TO THE PUBLIC

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

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

VI. PUBLIC HEARINGS

A. E-BD-216-1909 – K. HOVNANIAN @ MAHWAH VIII, INC., VISTA VIEW
DR. AND POCONO COURT

Steven Dahl, P.E. appeared before the Board on behalf of the applicant. They are requesting a soil movement permit approval to replace a section of the storm water pipe at the Birchwood Hills Townhouse community. They are removing the collapsed portion and replacing it with a new pipe.

Mike Kelly indicated that the applicant is to submit support documentation for the drainage and retaining wall calculations. The applicant’s engineer informed Mr. Kelly that they have made the changes and will provide him with the information. Mr. Kelly also informed the applicant that any soil imported from outside of Mahwah needs to be tested for contaminates.

In answer to Mr. DaPuzzo’s question regarding tree removal, Mr. Dahl stated they will replace any trees that are removed one for one.

Mr. Kelly stated that The Birchwood Hills Condominium Association needs to sign the application as the owners indicating their approval. Mr. Dahl indicated that he is in receipt of a letter from the Birchwood Hills Association consenting to the work. He will supply a copy to Mr. Kelly.

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

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

Planning Board Minutes
June 12, 2006
Page 3.

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

B. DKT. #492 AND #492S – CUMBERLAND FARMS, 261, ROUTE 17 N.

Lawrence Rothstein, Esq. appeared on behalf of the applicant. He stated they revised their plans based on the comments and issues raised by the Board at the last hearing of April 24, 2006. He believes the outstanding issues are resolved.

Mike Kelly stated they addressed all the site plan comments. He indicated that the loading space blocks the dumpster and wants the Board to be aware of this. Mr. Kelly asked for additional pavement striping with more directional arrows. The applicant agreed to do this. He also needs documentation confirming the unit weight of soil used in the retaining wall calculations.

Mike Kelly indicated that the previous issue with Malcolm Pirnie has been resolved. They are okay with an 8 inch water main. The applicant will provide the Township with a utility easement along their property in the event that the Town installs a water main at a future date. The water main is going to be required to be maintained by the Township of Mahwah. He also asked that the applicant provide testimony on the lighting proposed for the site.

Joe Burgis asked that the applicant give testimony with regards to the height of the canopy and the height of the trucks to be sure there is enough clearance.

Mr. Rothstein recalled Mr. Phillips, P.E. He marked the Proposed Conditions, colorized version of site plan revision dated 5/23/06, Sheet C4 as Exhibit “A-6”. Mr. Rothstein addressed the Boswell Engineering Report dated June 8, 2006. Mr. Phillips explained whey he felt there would be no conflict between the dumpster area and the loading space.
Mr. Phillips stated he will submit any documentation Mr. Kelly is requesting regarding regaining walls, striping, etc. Mr. Kelly stated that the proposed 5 foot candle at the driveway intersection with Route 17 is reasonable. The code requires 3 foot candles and the applicant will need a waiver.

Mr. Rothstein addressed the comments in the Burgis Associates report dated June 5, 2006. Regarding the height of the canopy and the potential conflict with the gasoline truck, Mr. Phillips responded to this issue. The canopy at its lowest point is 13 ft. 9 in. and the WB55 truck used to deliver fuel is 12 ft. 6 in. having a clearance of 1 ft. 3 in. The applicant is asking for a variance for a 6 ft. fence as a safety factor.


Planning Board Minutes
June 12, 2006
Page 4.

Mr. DaPuzzo stated that he would not be in favor of granting the waiver for the existing drainage within 500 feet. The Board agreed.

Mike Kelly reviewed the variances and waivers requested by the applicant which were indicated in his report.

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

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

Mr. Phillips gave testimony on the soil movement application. The volume of cut is 1,320.5 cubic yards, 0 cubic yards fill, the volume to be imported is 686 cubic yards and the export is 2,006 cubic yards.

Mr. Kelly stated that any soil imported from outside of Mahwah must be tested for contaminants.

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

C. DKT. #495 AND DKT. #495S – GRAHAM ENTERPRISES

Public Hearing carried to July 10, 2006.

VII. ADJOURNMENT

A motion to adjourn was made by Mr. DaPuzzo and seconded by Mr. Rudolph. All voted in favor. The meeting was adjourned at 7:50 p.m.



These minutes were prepared by Rosalie DeMartino.




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