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TOWNSHIP OF MAHWAH PLANNING BOARD
MINUTES
OCTOBER 14, 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. Muscarelle, Mayor Martel, Dr. Ross, Mr. Trent, Mr. DeKramer, Mr. DaPuzzo, Mr. Jandris, Mr. Donigian

ABSENT: Mr. Arbuckle, Mr. Brotherton, Ms. Omsberg

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

II. BILLS

10/1/2002 Kasler Associates $350.00

A motion was made by Mr. Trent and seconded by Mr. DeKramer to approve the bill of Kasler Associates. All in favor.

III. APPROVAL OF MINUTES OF 9/9/2002 and 9/23/2002

The minutes of the meeting of 9/9/2002 were revised as follows:

Page 3, Section A, the applicant name should read “Borra”
Page 3, Section A, paragraph 3, line 3 - add the word “type” between the words “same” and “as”.

A motion to approve the minutes of the September 9,. 2002 meeting with the above noted revisions was made by Mr. Trent and seconded by Mr. DeKramer. All in favor.

A motion to approve the minutes of the September 23, 2002 meeting with no changes or revisions was made by Mr. Trent and seconded by Mr. DeKramer. Mr. Muscarelle, Mayor Martel, Dr. Ross, Mr. Trent, Mr. DeKramer were in favor. The following members abstained: Mr. Donigian, Mr. DaPuzzo, Mr. Jandris.

IV. RESOLUTIONS:

None

V. WORK SESSION:

A. DKT. #429, FIRST UNION, TREES & BUFFER CORRES.

Stacie Morgan an adjoining property owner introduced herself. She was advised by Dr. Ross that Mr. Kelly of Boswell Engineering will contact First Union to see if this matter can be straightened out before it goes any further. Mr. Kelly will keep Ms. Morgan advised.

Ms. Morgan requested that all work be stopped at the site. She was advised that no work is going on and that they do not have building permits or a developer’s agreement. She was told that if she sees them doing any work she should contact the police.

Mr. Kelly will visit the First Union site and reinforce the fact that First Union does not have the right to continue with any disturbance on the site. No permits have been issued no plans have been approved. They will have to come before the Board with the landscape plan.

B. CONCEPT, MACARTHUR & RIDGE, S.P.

Gene Rotonda, applicant and Nicholas Trataras of 500 Valley Road, Wayne, NJ introduced themselves. The applicant introduced its concept plan.

The footprint is about 9,000 sq. ft. The parking spaces and the setback requirements conform to code. A buffer exists north of the ingress and egress road.

The lower level which is closest to Ridge Road will be for retail stores which would front on Ridge Road. The second level will be for offices. The lower level will not have windows on the side. The applicant is not requesting any variances. There is at least a 20’ landscaped area between the curb line and Ridge Road. There is an existing cross easement between this applicant’s property and the adjoining property. The applicant’s concept plan shows parking spaces scaled at 9’ x 20’. Code requires 10’ x 20’ parking spaces. The applicant will provide 10’ x 20’ parking spaces.

VI. OPEN TO THE PBULIC

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

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

VII. PUBLIC HEARINGS:

A. BD-216-239-341, 22 PATRICK BREM CT., SOIL APPLICATION

Notice was in order.

Herbert Schlessinger, Conklin Associates, 29 Church Street, Ramsey, NJ and Joseph Destro (applicant), currently at 5 John Court, Park Ridge, NJ were sworn in.

The subject property is the last lot on Patrick Brem Ct. It is a corner lot. The applicant anticipates 1,397 c.y. of fill, 621 c.y. of cut and 776 c.y. import. There is already a stockpile of recycled concrete on the site from the old foundation which will be used as backfill. Mr. Kelly stated that recycled concrete is a good backfill material and it is acceptable as long as the pieces are of such a size that they do not create voids.

Mr. Schlessinger stated that the number of trees on the plan should be changed to include one more. They will be removing 32 trees and replacing 8 trees.

Seepage pits were discussed. Mr. Kelly stated that they would like to see the applicant relocate the overflow outside the travled way. The applicant will relocate the lines to the back of the cul-de-sac and they will be shown on the “as-built”.

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

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

A motion to grant conditional approval was made by Mr. Trent and seconded by Mr. DeKramer. A roll call of members present revealed 8 yes votes by Mr. Muscarelle, Mayor Martel, Dr. Ross, Mr. Trent, Mr. DeKramer, Mr. DaPuzzo, Mr. Jandris and Mr. Donigian.

B. DKT. #444 VISTA BAHN, RAMAPO VALLEY RD., MAJ. S/D

Bruce Whitaker, Esq., of McDonnell and Whitaker introduced himself. He is representing the applicant in this matter. This is a continuation of a public hearing regarding Block 23, Lots 43, 54 and 55. The applicant is requesting a land use application for the development of the property into 25 residential lots. The plan (Exhibit A-1) has been prepared by Mr. Schlessinger.

This development will be somewhat similar to the style at Rio Vista. There will be a homeowner’s association. The homeowner’s association will be responsible for certain drainage facilities, private roadways and cross easements that will run to the benefit of the Association. The Winter’s House will be maintained by the Association.

The applicant had proposed common driveways. Each lot will now be serviced by an individual driveway. The lots will still be subject to individual soil movement applications.

Mr. Schlessinger discussed road care, roadway design, access to each lot, walls, proposed drainage and public improvements as they pertain to water and sewer.

The characteristics of the lots are that they are in the R-80 Zone which requires a minimum of 80,000 sq. ft., 200 ft. width and 300 ft. depth, maximum improved lot coverage of 20%, maximum lot coverage of 10%, 2-1/2 stories or 35 ft. All lots are conforming to area and there are four lots which require a depth variance. Lots 19, 20, 21 and 4. These lots do not have parallel sides. There is a wetland buffer on Lot 4. It will be necessary to do an individual review of the lots at a later date.

Roads #2 and #4 are 50 ft. wide; 28 ft. paved curb-to-curb. These roads meet RSIS standards.

Roads #1 and #3 are the private roadways for driveways. They do not require right-of-ways. They are 26 ft. curb-to-curb. RSIS standards as they pertain to private driveways or roadways will be discussed with another witness at a later date.

Sheet 3 and 4 of the set of drawings indicate a location of retaining walls required to support roadways. The walls vary in height and go up to 14-1/2 ft. The walls are a function of the grades. Township Ordinance has a 6 ft. maximum and a 3-1/2 ft. separation. They will have all of the walls designed prior to construction. Where the walls are over 6 ft. it will be structural walls – block walls. Most of the taller walls are on the uphill side of the road. There will be a fence and shielding with plants on the top of the 14 ft. retaining walls. There will have to be a fence that would impede a youngster from going through it. One wall is structurally superior to 3 tiered walls.

The applicant showed a conceptual revision to the plan, sheet 4 of 15, which was marked Exhibit A-2, entitled Conceptual Plan dated 10/8/02 “revised driveways”.

Each of the properties can be accessed by their own independent driveway. The driveways will be maintained by the property owner.

The next set of plans will show the actual grades. The conceptual has been submitted to Mr. Roe, Office of Emergency Management. Widths and turning radius was addressed in Mr. Roe’s report of October 4. The applicant anticipates that the town would have an easement for garbage pick-up over the private roadways.

Exhibit A-1 – Sheet 12 of 15 was discussed. Sheet #13 shows the existing drainage area. They propose collecting surface water in four areas. They are building a detention basin. The drainage areas are to the rear of lots 10, 21, 23 and 24. They will collect the water and bring it down Roadway #2 to another detention basin and into a major pipe network then into the Ramapo River. Boswell Engineering has reviewed their comments with the applicant’s engineer and they need to clarify the drainage study. The applicant stated that they can meet the requirements of Boswell.

There are two water sources available. A 12” main at the intersection of Seminary Road and Route 202; a 16“ line running on Tudor Rose to the tank site, from Seminary up #4 through roadway #3 and then up the easement on Lot 20 on Tudor Rose and tap into the 16” main. This gives them a closing loop. All houses will be serviced. Each driveway will contain a water service.

The sanitary system plan will use a pressurized system which allows the community to avoid a pump station. The individual pump system for each house pumps into a force main. The force main route will follow the same route as the water main. One stops at 16” line and one stops at the 8” line. The responsibility of the pump system will be the homeowners. The force main in the street is the Township’s responsibility. The size of the mains are 1-1/4” to 3”. There will be grinder pumps in each house.

Mr. Schlessinger will return before the Board to testify as to the changes to the plan.

Mr. Kelly suggested that borings be done so that they can determine where the rock level may be in the area.

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

Richard Green of Sun Valley Farm introduced himself. He questioned whether the historic sites were added to the plan. Mr. Schlessinger said the Winter’s House will remain. Everything else will be taken down if it is in the way of construction.

Mr. Green questioned the catch basin on Route 202. Mr. Schlessinger stated that they will not increase the flow through any of the inlets.

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

This matter was continued to the meeting of December 2, 2002.

C. DKT. #435, GABRELLIAN, SITE PLAN

Joseph Basralian, Esq., the attorney for the applicant introduced himself. He stated that they have completed all of their testimony and provided all the information and have amended their plans with respect to lighting and landscaping. The Environmental Commission has walked the site. They will agree to place a fence along the buffer zones of the neighboring area. They still have not received any communication from the D.O.T. but they hope to hear soon.

Dr. Ross stated that the Township, Boswell Engineering and the Board should be notified when they get a decision from the D.O.T. They are requesting waivers for parking.

Boswell’s traffic consultant has reviewed all the information.

Mr. Basralian stated that they have not heard from the Borough of Ramsey regarding this application.

Boswell Engineering stated that the lighting plan exceeds the intensity level permitted by Code. The applicant stated they were not aware of an intensity level problem and that they do not intend to exceed the ordinance requirements. They will make sure the plan complies with the requirements.

One plan shows the fence behind the buffer of the parking lot. It was suggested that the fence be put behind the landscape buffer, adjacent to the parking area. There will be the building, parking, curb, landscape and behind the landscaping would be the fence then 80 ft. to the property line. If a variance is required to construct a fence in the buffer area the Board stated it would be approved.

If D.O.T. makes changes to the plans which affect ingress or egress then the Board can require the application to come back.

The difference in the cost, if D.O.T. does not approve, will be deposited with the Township and put to use in other parts of the Township.

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

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

A motion to grant conditional approval was made by Mr. Trent and seconded by Mr. Donigian. A roll call of members present revealed 6 yes votes by Mayor Martel, Dr. Ross, Mr. Trent, Mr. DeKramer, Mr. Jandris and Mr. Donigian. Mr. Muscarelle and Mr. DaPuzzo abstained.






VIII. WORK SESSION:

A. COMMITTEE REPORTS

1. TRAILER PERMIT RENEWAL, OSTEONICS

A motion was made by Mr. Muscarelle and seconded by Mr. DeKramer to approve this application. A roll call of members present revealed 8 yes votes by Mr. Muscarelle, Mayor Martel, Dr. Ross, Mr. Trent, Mr. DeKramer, Mr. DaPuzzo, Mr. Jandris and Mr. Donigian.

2. BD-216-239-332, 75 SEMINARY, ELEV. CHANGE

Mr. Kelly stated that the foundation location is 2.88 ft. below the approved elevation. The revised foundation location area will be 2 – 2-1/2 ft. below elevations. He stated that this is a minor deviation from an engineering standpoint.

A motion was made by Mr. Muscarelle and seconded by Mr. DeKramer to approve this application. A roll call of members present revealed 8 yes votes by Mr. Muscarelle, Mayor Martel, Dr. Ross, Mr. Trent, Mr. DeKramer, Mr. DaPuzzo, Mr. Jandris and Mr. Donigian.

B. OLD/NEW BUSINESS

1. MOUNTAIN AVE. CORRESPONDENCE

There is a stop work order on this property. This matter will probably be litigated.

C. PROPOSED DRAFT STEEP SLOPE ORDINANCE

Mr. Kasler stated that Page 1, Last Paragraph, Line 12 which reads “New Jersey Plan” should read “New Jersey State Development and Redevelopment Plan”. He believes the only real slope controls that exist in Mahwah are in planned development. This Ordinance should indicate that it is applicable in all zones in the municipality.

Mr. Muscarelle stated, that on page 5, he would like to include an Item #8 showing a schedule of the different slope categories and the breakdown.

A motion to send this matter back to the Council was made by Mayor Martel and seconded by Mr. DeKramer. A roll call of members present revealed 8 yes votes by Mr. Muscarelle, Mayor Martel, Dr. Ross, Mr. Trent, Mr. DeKramer, Mr. DaPuzzo, Mr. Jandris and Mr. Donigian.

IX. ADJOURNMENT

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

The meeting was adjourned at 10:40 P.M.

These minutes were prepared by Joan Mandle



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