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TOWNSHIP OF MAHWAH PLANNING BOARD
MINUTES
JUNE 24, 2002



7:30 P.M. SUB-REVIEW COMMITTEE MEETING

I. OPENING STATEMENT

The combined public/work session meeting of the Planning Board of the Township of Mahwah, held at the Municipal Building, 300B Route 17 S., Mahwah, NJ was called to order at 8:00 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, 300B Route 17 S., Mahwah, New Jersey. Copies of the tapes may be purchased for a fee.

PRESENT: Mr. Brotherton, Mr. Muscarelle, Mayor Martel, Dr. Ross, Mr. Trent, Mr. DeKramer, Mr. Paton, Mr. Jandris and Ms. Solomon.

ABSENT: Mr. Arbuckle, Ms. Omsberg.

PROFESSIONALS: Peter Ten Kate, P.E., Michael Kelly, P.E., Malcolm Kasler, P.P., Peter Scandariato, Esq.

II. BILLS

No bills were submitted.

III. APPROVAL OF MINUTES OF 6/10/02

A motion was made by Mr. Paton and seconded by Mr. Brotherton to approve the minutes of the Public Meeting / Work Session of June 10, 2002 with no revisions or corrections. A roll call of members present revealed 8 yes votes by Mr. Brotherton, Mr. Muscarelle, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Paton, Mr. Jandris, Ms. Solomon. Mr. DeKramer abstained.

IV. RESOLUTIONS

None

V. OPEN TO THE PUBLIC

A motion to open the meeting to the public was made by Mr. Trent and Seconded by Mr. DeKramer. All in favor.

A motion to close the meeting to the public was made by Mr. Paton and Seconded by Mr. Brotherton. All in favor.

VI. WORK SESSION

A. BD-216-239-334, 26 DE GRAFF, SOIL APPLICATION

Herbert Schlessinger, P.E., P.L.S. introduced Larry Turko the owner of the property. This is one of the original lots on Phase 10 Rio Vista. The applicant is requesting a soil movement permit. The applicant proposes 781 c.y. cut, 676 c.y. fill and 105 c.y. export. The export will be used on Phase 12. Construction will be undertaken as soon as the building permit is issued. They are requesting a waiver for slopes of 1:3 along the driveway. One of the conditions of the Boswell report was that a soil movement permit could not be issued until the map is filed with the County. Mr. Kelly stated that he takes no exception as long as it is for only one lot. There will be four replacement trees. The floor elevations have been changed from the preliminary plan because the house is flipped.

A motion to approve was made by Mr. Trent and seconded by Mr. Brotherton. A roll call of members present revealed 9 yes votes by Mr. Brotherton, Mr. Muscarelle, Mayor Martel, Dr. Ross, Mr. Trent, Mr. DeKramer, Mr. Paton, Mr. Jandris and Ms. Solomon.

B. T/A 02-2018, ECONO TRUCK, 17 FRANKLIN TPK., PARKING

This matter was carried from the meeting of June 10, 2002. The Board was concerned with parking issues. The applicant appeared. There will be 46 parking spaces. There are 10 – 15 employees. These employees car pool. The property is on the market by Shortline. Econo Truck has a temporary lease of 6 months at most. This is an existing use. The vehicles which are being worked on will be in the garage.

It was suggested that this application be approved for a one year period, renewable upon reappearance before the Board.

A motion to approve was made by Mr. DeKramer and seconded by Mr. Brotherton. A roll call of members present revealed nine yes votes by Mr. Brotherton, Mr. Muscarelle, Mayor Martel, Dr. Ross, Mr. Trent, Mr. DeKramer, Mr. Paton, Mr. Jandris and Ms. Solomon.

C. T/A 02-2019, RAMSEY PRESS, 46 INDUSTRIAL AVE., PARKING

This matter was carried from the meeting of June 10, 2002. The Board was concerned with parking issues. The owner of the building stated that all the spaces to the left belong to the Post Office. Everything to the right belongs to the Tenant. When there was no tenant the Post Office was permitted to use all the spaces. This was agreeable to the Post Office. Once the tenant comes in the Post Office retail customers cannot park to the right. Handicapped spots are available to both tenants. The tenant has 20 employees that are parking where the car dealership is. Visitors are in front on the right. There are 15 daytime employees and 5 night time employees. The Board suggested that Prestige be terminated. The property owner agreed.

A motion to grant approval was made by Mr. Paton and seconded by Mr. Trent. A roll call of members present revealed nine yes votes by Mr. Brotherton, Mr. Muscarelle, Mayor Martel, Dr. Ross, Mr. Trent, Mr. DeKramer, Mr. Paton, Mr. Jandris and Ms. Solomon.

VII. PUBLIC HEARINGS

A. BD-216-1319, 5 MAPLE ROAD, SOIL MOVEMENT APPLICATION

Steven L. Koestner, P.E., P.L.S., engineer and planner of Koestner Associates, 61 Hudson Street, Hackensack, NJ introduced himself. He represents the applicant Mark and Peggy Ensslin. A representative of Ridgetop Builders, Inc., P.O. Box 170, West Milford, NJ appeared. Ridgetop Builders is the contracting agent for the Ensslins. They are proposing a single family home with a two car garage on the right hand side with a driveway leading out to Maple Road. The driveway would be paved. They propose a cedar ramp for handicap access on the west side. Mr. Ensslin is handicapped. The property runs from Maple Road to Stag Hill Road in the rear. Most of the development will be on the front of the lot. They require a waiver for slopes of 1:3. Variances for lot area and lot width were granted by the Zoning Board in 1989. The proposed ramp encroaches 4 ft. on the side yard setback line. There was no objection by the Board to a variance for encroachment. They have received approval for septic and have sent same to the Building Department.

A motion was made to open the meeting to the public by Mr. Brotherton and seconded by Mr. DeKramer.

A motion was made to close the meeting to the public by Mayor Martel and seconded by Mr. Trent.

A motion to approve with the slope waiver and variance was made by Mr. Trent and seconded by Ms. Solomon. A roll call of members present revealed nine yes votes by Mr. Brotherton, Mr. Muscarelle, Mayor Martel, Dr. Ross, Mr. Trent, Mr. DeKramer, Mr. Paton, Mr. Jandris and Ms. Solomon.

B. DKT. #434, HOME DEPOT, SITE PLAN

Mr. Giunco, attorney for Home Depot stated that they have addressed the Board’s requests for redesign of the architectural scheme, they have met with Sgt. Sinaeve, they have revised the parking plan with 10 ft. x 20 ft. spaces and are providing further information regarding the sign application.

Mr. Richard A. LaMont of Greenbear Farrow Architecture, Somerset, NJ, the project manager for Home Depot was qualified and accepted as an expert. He prepared a revised elevation plan for this project. This plan was marked Exhibit A-8. He informed the Board that they have designed a plan which is the same as the Bridgewater store as was requested by the Board. The footprint and size of the proposed new plan are exactly the same as Exhibit A-7. The color scheme is red brick with green panels and dark green canopies. The garden center will be enclosed and the tool rental equipment area will also be enclosed. The front entrance sign will be orange. There are four signs proposed. There will be signs at the main entrance, garden center, tool rental center and one pylon sign at the entrance. The Board requested that there be no outside display of sheds and other equipment. This was agreed to.

A motion was made to open the meeting to the public by Mr. Paton and seconded by Mr. Trent. All in favor.

Mr. William Crane , 58 James Brite Circle, Mahwah, NJ sated that there are two Bridgewater stores and asked whether the plans were designed in accordance with the Promenade location or the 202 location. He suggested that the Board look at the product which is being used in place of the real brick.

A motion was made to close the meeting to the public by Mr. Trent and seconded by Mr. DeKramer. All in favor.

Mr. Coco was introduced. He prepared the revisions to the parking lot plan which was marked as Exhibit A-9. The plan shows a minor change to the land banked parking in the front area. There will be 569 spaces provided, 9 land banked in front. The entrance to the site will be landscaped. No new variances were created. There will be six or eight parking corrals provided; one in every other isle. Each corral would use two parking spaces. There will be a pylon sign at the entrance to the site which will be set back 15 ft. from the setback line which is in accordance with the Ordinance.

The slope of the parking lot from the front of the store to the end of the parking lot is 3%. Peter Ten Kate of Boswell Engineering stated that 3% is reasonable. Boswell Engineering concurs with the results and they agree with the items in the review letter.

Orange/Rockland Electric has a 100 ft. wide easement along the railroad . As a result of the easement they have some rights in reviewing the plans. Home Depot does not feel there are any items which are unaddressable. Home Depot will be meeting with Rockland Electric to discuss the questions the utility company has regarding the emergency generator. Any approvals given will be subject to Rockland Electric approval. In the event the emergency generator needs to be moved, Home Depot will go before the engineer. They will not be required to come before the Board with regard to this matter. The generator is tested once a month and runs on natural gas.

Constantine Drive was discussed. Constantine Drive is a public right of way. They will go before the Mayor and Council and request that a portion of Constantine Drive be vacated. Home Depot will take on the responsibility and will rebuild the culvert.

They will put in hairpin striping if requested by the Board.

Rockland Electric objected to lighting in the back of the building. The light poles are 30 ft. high.

Mr. Ten Kate stated that if the resolution is approved something should be in the resolution as to who determines how the land banked spaces are designed. The spill over from the lighting should be reduced so that there is as little spill over from the property line as possible. A larger shield was suggested and that will be addressed with the project engineer.

A motion to open the meeting to the public was made by Mr. Trent and seconded by Mr. Brotherton. All in favor.

Dean K. Boorman, Planning Consultant for the Borough of Ramsey introduced himself. He was asked by the Ramsey Planning Board Chairman and the Ramsey Borough Administrator to attend the meeting. He requested information regarding traffic impact due to the fact that traffic approaching the proposed Home Depot would be coming through Ramsey via Route #17 northbound. Mr. Boorman was given a copy of the Traffic Impact Study.

A motion to close the meeting to the public was made by Mr. Trent and seconded by Mr. Brotherton. All in favor.

Mr. Belizzi of THP Incorporated stated that he attended the meeting with Sgt. Sinaeve on June 20, 2002 as requested by the Board. The matters addressed at the meeting were cart corrals, wheel stops for handicapped spaces, Title 39 Agreement for enforcement on the site, address of the project should be a Route 17 address so that Constantine Drive is not promoted as an entrance, NJDOT issues regarding site distance and site triangle, brush along road side should be cleared and Home Depot agreed to maintain same, altering or modifying entrance ramp onto highway. Home Depot agreed that they will submit additional data regarding the intersection at Island Road. They will add cart corrals, request tax assessor to supply Route 17 address and take care of the Title 39 Agreement.

A pylon sign close to the entrance with a total height of 50’, 14 ft. x 14 ft. on each face is proposed. They are requesting a variance for the sign size. They stated that a sign of this size is needed for safety reasons.

A motion to open the meeting to the public was made by Mr. Trent and Seconded by Ms. Solomon. All in favor.

Mr. Dean Boorman questioned information in the Traffic Study regarding the Spring Street interchange. He asked whether Ramsey should speak to DOT.

A motion to close the meeting to the public was made by Mr. Trent and seconded by Ms. Solomon. All in favor.

Daniel C. McSweeney, a licensed professional planner of 200 State Highway #9, Manalapan, NJ was qualified and accepted as an expert. He offered testimony in response to the requested variances as follows:

Variances for the number of building signs – Ordinance allows one sign there are four proposed.

Variances for total building sign area – They will have 535 sq. ft., Ordinance allows 100 sq. ft.

Variance for size of sign lettering – Ordinance allows 18” lettering (24” if capital letters), they request 6 ft. high.

Variance for pylon sign area – Ordinance allows 100 sq. ft. sign area. They request 392 sq. ft.

Variance for pylon sign height – Ordinance allows 30 ft. They request pylon sign height of 50 ft.

Waiver for required number of parking spaces. Ordinance requires 661. They propose 569 spaces (9 land banked along frontage).

Waiver for front yard setback for nine land banked spaces.

Waiver for required number of loading spaces. Ordinance requires 8. They propose 4.

Lighting variances.

Slope Waivers.

Variance for retaining wall.

A motion to open the meeting to the public was made by Mr. Trent and seconded by Mr. Brotherton.

A motion to close the meeting to the public was made by Mr. Trent and seconded by Mr. Paton.

A motion to grant conditional approval with all requested waivers and variances was made by Mr. Trent and seconded by Mr. Paton. A roll call of members present revealed nine yes votes by Mr. Brotherton, Mr. Muscarelle, Mayor Martel, Dr. Ross, Mr. Trent, Mr. DeKramer, Mr. Paton, Mr. Jandris and Ms. Solomon.

C. DKT. #435, GABRELIAN, S/D & SITE PLAN

Joseph Basralian, Esq., attorney for Gabrellian Associates stated that upon the Board’s suggestion he had two meetings with the Mayor and representatives of the municipality. They enunciated their case as to why they believe the interpretation of the IP-120 zone allows three buildings on one lot.

Joseph Burgis, Professional Planner and President of Burgis Associates was accepted as an expert witness. He stated that the question is “does the Township of Mahwah permit more than one building on a single lot”. He said that there is a regulatory control governing distance between two buildings. Gabrellian is requesting a temporary waiver to construct 846 parking spaces now and 282 in the future. Mr. Burgis said that his interpretation of the Code is that the proposed development is permitted.

Parking variances will be sought.

Mr. Scandariato stated that he agreed with Mr. Burgis’s interpretation that Planned Industrial Development is permitted In the IP-120 Zone, the way it is written it permits more than one building.

Mr. Basralian stated that it is the intent of the applicant to do all of the site work at one time. As each building is phased in the parking would be constructed. They will build one building at a time. If the tenants are available they will build all three at the same time. At the present time no leases have been entered into.

The Board discussed the requirement for a phasing plan.

The only decision before the Board at this time is whether the Ordinance will allow more than one building on a lot.

A motion to hear the application of Gabrellian for planned industrial development was made by Mr. Brotherton and seconded by Mr. Muscarelle. A roll call of members present revealed nine yes votes by Mr. Brotherton, Mr. Muscarelle, Mayor Martel, Dr. Ross, Mr. Trent, Mr. DeKramer, Mr. Paton, Mr. Jandris and Ms. Solomon.

Mr. Basralian withdrew his application in the alternative for subdivision.

Gabrellian Associates will come back before the Board on July 8, 2002 with their engineer’s testimony.

VIII. WORK SESSION

A. CONCEPTUAL, 305 RT. 17 N., BL. 63, LOT 10.02

Andy DelVecchio, Esq. and Joseph Zaniello, the project engineer appeared before the Board on behalf of the applicant Liberty Mahwah, LLC. The subject property is the site of the old Red Roof Inn property. They propose a car dealership (Liberty Hundai) on this site. The property is located in the B-40 zone. They will be requesting a single waiver for parking stall size for stalls of 9’x 20’. There is a private restrictions along the back property line which requires the use of the zone line as the property line.

It was stated that the wetland permits are still valid from the old Red Roof Inn. They will require DOT access permit which they do not think will pose a problem. There will be inventory on site.

DOT access permit requirement was discussed regarding parking area. The area back behind the building is adjacent to a commercial building.

Mr. Kelly stated that there are a great deal of wetlands located on site and that the applicant should look at the wetland permit process which will be required.

The applicant stated that Red Roof Inn secured two L.O.I.’s, maping of the line and a GP-6 allowing fill of site. They believe both permits are still valid.

It was suggested that some landscaping be put in between the zone boundary line and the adjoining residence.

They will take the Board’s comments back to the drawing board and refile.
B. DETERMINATION ON FRANKLIN TPK. CONSTRUCTION APP.

Herb Schlessinger appeared on behalf of Franklin Turnpike Construction Co., LLC the applicant in this matter. The applicant is seeking major subdivision approval. They would like to file one application for both sites and feel that this is beneficial from the planning aspect point of view as far as drainage is concerned. These sites are not contiguous. If the job was to be considered as two separate applications, waivers would be required and underground detention on one site. If the application is heard as one application there would only be one detention system.

They propose a detention basin on the one site only. The burden of maintenance of the drainage system would be on one property owner. This hearing was to decide how the application would be treated.

The Board decided that there should be two separate applications submitted and two hearings.

C. DKT. #436, DATASCOPE, 1300 MACARTHUR BLVD.

Bruce Whitaker, Esq. appeared on behalf of the applicant. They are seeking amended site plan approval to permit modification to the building on Block 139 Lot 30. They stated that all of Justin Mahon’s comments will be satisfied. Justin Mahon stated that he finds the application conforms with good engineering principals.

The Board members expressed concern with vapors.

The discharge of acetone to the sanitary sewer has to conform to regulations of the Township and BCUA. The applicant stated that they are aware that they must conform to State and Federal agency guidelines.

Mr. Carl Jacobs, Vice President of Operations stated that acetone is used to chemically dehydrate animal protein into surgical hemostats. The procedure has been used in the Netherlands for 15 years. There have been no adverse affects on the employees (they wear safety gear), no adverse affects on the neighborhoods, no explosions, no complaints from neighbors. In Europe they have a recycling company. It was questioned why they could not recycle here.

Betty Lou Risoto appeared for Technology Standards and stated that they have applied for a permit from the BCUA for the wet process. The spent acetone is not being sent to the sewer system, the only acetone being sent to the sewer system is when the tanks are being washed down.

John Greco, Safety/Health Manager for Datascope stated that they have already received the permit from the NWBCUA. Part of the permit requires analysis of the wastewater by BCUA every month.

Upon questioning by the Board it was stated that the acetone is stored in a stainless steel 1,320 gallon tank. Flash point is zero degrees. This has been discussed with the Emergency Management people in Mahwah. There are SOP’s designed and a full alarm safety system. Board of Health deferred this matter to Malcolm Pirnie.

A motion to grant conditional approval was made by Mr. Trent and seconded by Mr. DeKramer. A roll call of members present revealed 7 yes votes by Mr Brotherton, Mr. Muscarelle, Mayor Martel, Dr. Ross, Mr. Trent, Mr. DeKramer and Mr. Paton and 2 no votes by Mr. Jandris and Ms. Solomon.

D. COMMITTEE REPORTS

1. BD-216-239-307, 59 BRAMSHILL, SLOPE WAIVER

This matter was reviewed and approved at the meeting of June 10, 2002.

2. T/A #02-2020, 5 MILLER ROAD, PAPA LEONE’S DELI

This is a sister deli to the liquor store. It is the same owner, contiguous. The committee sees no problem with this.

A motion to approve the application was made by Mr. Muscarelle and seconded by Mr. DeKramer. A roll call of members present revealed nine yes votes by Mr Brotheton, Mr. Muscarelle, Mayor Martel, Dr. Ross, Mr. Trent, Mr. DeKramer, Mr Paton, Mr. Jandris and Ms. Solomon.

E. OLD/NEW BUSINESS

The different alternatives regarding the Gabrelian application were discussed. The Ordinance was discussed. The biggest concern is that they have never allowed cross easements for parking.

A motion to make a recommendation to the Mayor and Council for amendment of the zoning ordinance was made by Mr. Trent and seconded by Mr. DeKramer. A roll call of members present revealed 7 yes votes by Mr. Brotherton, Mr. Muscarelle, Dr.Ross, Mr. Trent, Mr. DeKramer, Mr. Jandris and Ms. Solomon. Mayor Martel and Mr. Paton abstained.

IX. ADJOURNMENT

A motion to adjourn the meeting was made at 12:10 A.M. by Mr. Trent and seconded by Ms. Solomon. All in favor.


These minutes were prepared by Joan Mandle



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