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TOWNSHIP OF MAHWAH PLANNING BOARD
MINUTES

JULY 24, 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 John Brotherton, Vice 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, Mr. Trent, Mr. Crean, Mr. Donigian (7:22 p.m.), Mr. Rudolph, Mr. Sherer

ABSENT: Dr. Ross, Mayor Martel, Ms. Richter

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

II. APPROVAL OF BILLS

7/13/06 Harwood Lloyd $283.50

A motion to approve was made by Mr. DaPuzzo and seconded by Mr. Sherer. All voted in favor.

III. APPROVAL OF MINUTES

A motion to approve the minutes of July 10, 2006 was made by Mr. Jandris and seconded by Mr. Rudolph. All voted in favor.

IV. MEMORIALIZING RESOLUTIONS

FROM MEETING OF JULY 10, 2006:

1. TA06-2027 – BEACH CONTRACTORS, 12 MOUNTAINSIDE AVE.
2. TA06-2029 – LANE LABS, 27 MCKEE DR.



Planning Board Minutes
July 24, 2006
Page 2.

A motion to approve was made by Mr. Trent and seconded by Mr. Rudolph. A roll call of eligible members revealed 5 aye votes by Mr. Brotherton, Mr. Jandris, Mr. Trent, Mr. Rudolph and Mr. Sherer.

3. #06-004T – YOUNG WORLD DAY SCHOOL – TEMPORARY TRAILER
DISMISSAL OF APPLICATION

A motion to approve was made by Mr. Jandris and seconded by Mr. Trent. A roll call of eligible members revealed 7 aye votes by Mr. Brotherton, Mr. DaPuzzo, Mr. Jandris, Mr. Tent, Mr. Crean, Mr. Rudolph, Mr. Sherer.

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.

Dennis Falvey, 5 Morningside Dr., Ramsey, New Jersey appeared before the Board. As an adjacent resident to the Russo Development property (Docket No. 462) he had some serious concerns regarding the berm and the trees that were installed per their agreement with the developer. He feels there was not enough done to screen the homes from this property. Some of the trees have died and the height of the berm is not sufficient. Mike Kelly stated he will revisit the issue of the berm. He also stated that he will have the maintenance of the trees addressed and follow up on any other issues not addressed at this time.

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

VI. PUBLIC HEARINGS

A. E-BD-216-1961 – PC INVESTMENT CORP., VICTORIA LANE

Public Hearing carried to August 14, 2006.

B. E-BD-216-1744-3 – 16 FARMSTEAD RD.

Public Hearing is to be rescheduled.

C. DKT. #490 – KEVIN NELSON, 2 BERGEN PLACE

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


Planning Board Minutes
July 24, 2006
Page 3.

The application is for a 2 lot subdivision for Block 33, Lots 58 & 59 in the R-5 zone. The applicant is proposing to subdivide the property, leave the single family dwelling that exists now and eliminate the out building as part of the subdivision as a condition for approval. This will create 2 conforming lots. The only non-conformity already exists. The zone requires a 25 ft. front yard setback and the current home has a 20 ft. setback.

Peter Kirch, P.L.S., 43 Spring Street was sworn in and accepted as an expert witness in the field of land surveying. Mr. Kirch marked the plan entitled Minor Subdivision Plan for Kevin Nelson dated June 21, 2005 with the last revision date of April 3, 2006 as Exhibit “A-1”. Mr. Kirch explained the current conditions as well as what is being proposed. He stated that they will be removing the existing detached garage and there will be no alterations or changes made to the existing structure that is to remain. Mr. Kirch stated that lot 58.01 will have an area of 6,300 sq. ft. and the proposed lot 58.02 will have an area of 6,200 sq. ft.

Mr. Jandris asked Mr. Kirch about the status of the L.O.I. Mr. Kirch stated it is still pending.

Mr. Whitaker addressed the Boswell Report dated May 16, 2006. Mr. Kirch stated that he could meet all of the requirements set forth in the report. He also stated that they will not be seeking the waiver for names of adjacent property owners to be provided on the plan.

Mike Kelly referred to a letter dated June 29, 2006 from John Lane, Property Maintenance & Zoning Enforcement Officer to Mara Winokur and the Planning Board Members regarding 1 Bergen Place and the removal of trees on the Rockland Electric property and dropped into the waterway/transition area. Mr. Nelson is the owner of this property. Mr. Whitaker stated that this violation is separate and distinct from this application and falls under the jurisdiction of John Lane.

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

Joe Morrow, 143 Johnson Ave. appeared before the Board. He voiced his objection to subdividing the property. He also stated that there has been a lot of soil and other material brought into the property over the last few years.

Gerard Hagan, 27 Long Ave. appeared before the Board and was sworn in. He gave the history of 2 Bergen Place and the former owner. He stated that he was in contact with John Lane and the Board of Health regarding this property. The former owner encroached on the wetlands and filled in his property with “garbage” and inferior soil. He feels the land was improperly filled. Mr. Brotherton informed Mr. Hagan that as
Page 4.
Planning Board Minutes
July 24, 2006

previously stated by Mike Kelly, it is the Building Department’s responsibility to determine whether or not the soil could support the construction of a house.

Tom Mandel, 29 Long Ave. appeared before the Board. He voiced his objection to the subdivision and was concerned about the size of house that would be built on it.

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

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

Joe Mauro, 143 Johnson Ave. appeared before the Board. He asked how he could find out about the profile of the soil on the property. Mr. Kelly explained that during construction, if they find that the soil is contaminated, the Town has the ability to require that the soil be tested at the expense of the applicant. This only pertains to contaminated soil. If it is unsuitable material, then it is up to the Building Dept. to ask the applicant to demonstrate that the soil is adequate for construction.

Gerard Hagan, 27 Long Ave. reappeared before the Board. He had a concern about the fill on wetland property. Mr. Brotherton explained that the DEP is working on this and everyone has to abide by their decision.

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

A motion to approve subject to any and all required approvals including the DEP was made by Mr. DaPuzzo and seconded by Mr. Rudolph. A roll call revealed 7 aye votes b Mr. Brotherton, Mr. DaPuzzo, Mr. Jandris, Mr. Trent, Mr. Crean, Mr. Rudolph, Mr. Sherer and 1 abstention by Mr. Donigian.

VII. WORK SESSION

A. ORDINANCE #1551

This ordinance is to amend Chapter 24 to provide for the appointment of a Municipal Housing Liaison to administer the Township’s Affordable Housing Program and to enforce regulations promulgated pursuant to the Fair Housing Act. The Council asked the Planning Board to provide comments.



Planning Board Minutes
July 24, 2006
Page 5.

A motion to endorse the Ordinance was made by Mr. Crean and seconded by Mr. Donigian. A roll call revealed 6 aye votes by Mr. Brotherton, Mr. Jandris, Mr. Trent, Mr. Crean, Mr. Donigian, Mr. Rudolph, Mr. Sherer and 1 abstention by Mr. DaPuzzo.


VIII. ADJOURNMENT

A motion to adjourn was made by Mr. DaPuzzo and seconded by Mr. Jandris. All voted in favor. The meeting was adjourned at 8:30 p.m.





These minutes were prepared by Rosalie DeMartino




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