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TOWNSHIP OF MAHWAH PLANNING BOARD
MINUTES
NOVEMBER 4, 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. Jandris, Mr. Donigian.

ABSENT: Mr. Arbuckle, Ms. Omsberg, Mr. DeKramer, Mr. DaPuzzo

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

II. BILLS

10/31/02 Carmine R. Alampi, Esq. $600.00
(Peter Scandariato, Esq.)

A motion to approve the bill was made by Mr. Trent and seconded by Mr. Brotherton. All in favor.


III. APPROVAL OF MINUTES

None

IV. RESOLUTIONS:

None

V. WORK SESSION:

A. DKT. #213, 692 WYCKOFF AVE. ASSOC., REQUEST TO REMOVE
COND. OF PREV. APPROVAL, NOT APPLICABLE

James Cedarstrand, Esq. appeared on behalf of the applicant.

In 1988 the applicant applied for a three lot minor subdivision which was approved. One of the conditions of that approval was that the applicant would donate the barn (of historical value) to the town.

In 1990, the Historic Sites Commission determined that the barn was built in 1940. The site plan called for moving the barn from one lot to another lot. The applicant would like to have this condition removed from the resolution. They would like to leave the barn on the site.

A motion to remove Condition #5 of the resolution was made by Mr. Brotherton and seconded by Mr. Trent. A roll call of members present revealed 7 yes votes by Mr. Brotherton, Mr. Muscarelle, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Jandris and Mr. Donigian.

B. DKT. #448, 10 ACRES, LLC, FARDALE AVE., MINOR S/D

The applicant proposes an application for minor subdivision approval for the 10.149 acre tract of land at 122 Fardale Avenue, Block 162, Lot 229. It will be a three lot residential subdivision. They would like to construct three new dwellings. All of the lots are conforming lots.

Gene Rotonda of Rotonda Engineering stated that the smallest lot is almost 60,000 sq. ft. There are some existing buildings which will be removed.

There is a wetlands line that exists to the east of the largest lot. The rear of the lots are wooded.

There is an existing wall on the largest lot. The applicant has left that wall at the request of the Historic Society.

Boswell Engineering stated that even though Historic Sites requests that the wall remain, for safety concerns the applicant will have to demonstrate that sufficient site distance is provided from the driveway entrances/exits.

Lot 229.08 has two structures the bigger one is 323 sq. ft. The smaller one is 49 sq. ft. The foundation on the left side of the lot will be removed. The garage on the right will remain. The play area is a neighbors. The applicant will contact the neighbor to take the play area and shed off the applicant’s property. The two sheds in the middle lot will be preserved in accordance with the request of the Historic Society.

An application for an L.O.I. is in the process of being filed.

The grading of lot 229.09 may encroach on the required buffers. The applicant will be requesting a general permit for transition area averaging approval from the NJDEP. They will comply with the revised grading if necessary.

There is a storm water outlet structure on Lot 229.05 with an existing outfall onto Lot 229.07. Boswell stated that they were not able to find the discharge pipe. The applicant is not aware of any erosion. They will be required to provide a zero percent increase in runoff for each lot.

All disturbances in the buffer zones and wetlands will require DEP approval. If the removal of the foundation on the lot to the east will disturb soil, the applicant will need DEP approval.

There are existing sewers on the site. The sewer connections into Fardale Avenue were discussed. Each connection is on its own lot. If the applicant connected on Fardale they would not have to disturb buffers or wetlands, however, it would require road work and ejector pumps.

The applicant proposes connecting two residences to the existing sewer located on the south edge of Lot 229 and one residence to the existing sewer along the east edge of Lot 229.

Resolution No. 9-12-02(2) of the Historic Preservation Commission was discussed. There will be soil movement applications submitted for each of the three lots.

The applicant is requesting three waivers:

1. Show existing/proposed contours which are referred to U.S.G.S. datum;
2. Topography within 200 ft. radius;

3. Separate listing of variances and waivers.

C. DKT. #429, FIRST UNION, REVISED LANDSCAPE PLAN

Robert Yuro, Engineer introduced himself. He stated that the existing structures on the site have been demolished. The applicant’s original proposal was to clear vegetation to the existing property line and replace it with several shade trees and supplement that with Pines and low growing shrubs. In response to some of the concerns of the neighbors they have devised a supplemental plan to keep some of the larger trees. There are five or six large trees along the property line. They propose keeping these trees and cleaning out the scrub vegetation and supplementing that with seven 8 ft. high White Pines.

There is a 15” Oak tree which they want to remove. There will be some paving along the drip line of the tree and there will be a 60% to 70% chance that the 15” Oak will die due to the damage to the root system.

The Township Code requires a 10 ft. wide buffer and states that the buffer should remain in its natural state where it is wooded. Boswell Engineering stated that the Code requires two to three staggered rows of trees and the applicant proposes one row of Evergreens.

Robert Morgan of 112 Lawrence Road, Mahwah, NJ introduced himself. He is a neighboring property owner. He stated that the buffer is only 8-1/2 ft. wide not 10 ft.

The applicant responded, stating that the buffer is 10 ft. wide.

Mr. Morgan is concerned about the root system of a large tree on his property. Mr. Morgan would like to see Douglas Fir or Norway Spruce planted rather than Easter White Pines. The applicant stated that the Eastern White pines will provide a year round screen.

Stacey Morgan introduced herself and requested that the seven large trees that are in the buffer zone be kept.

Brian Leff of Kenderian-Zelinski Landscape Architects introduced himself and stated that the 15” tree will be damaged by the propsed curb line and could fall. If it falls it will fall in the neighbor’s direction and they do not want to be responsible for the damage.

Placement of a silt fence and soil erosion were discussed.

The applicant will move the curb which will increase the buffer to 12 ft. and the buffer will be left in its natural state except for five 7’ to 8’ White Pines in the sparse areas as determined by the engineer. The 15” tree is scheduled to remain. During construction the Township Engineer will decide if the tree should be preserved.

A motion to amend the prior resolution of approval was made by Mr. Brotherton and seconded by Mr. Trent. A roll call of members present revealed 7 yes votes by Mr. Brotherton, Mr. Muscarelle, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Jandris and Mr. Donigian.


VI. OPEN TO THE PUBLIC

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

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

VII. PUBLIC HEARINGS:

A. BD-216-239-338, 118 SEMINARY DR., SOIL APPL.

Mario Genduso of Ramsey, Dennis Lindsal of K. Hovnanian Companies, John Dupont from GKA Associates were sworn in.

The applicant stated that he is in receipt of the Township Engineer’s first review letter and they have complied with same. They have received a second letter from the Township Engineer and agree to all the conditions contained in that letter.

They will be removing 43 trees and will provide 11 replacement trees.

Boswell Engineering stated that they exceeded the impervious area.

The applicant proposes installation of a driveway. In the event the sanitary sewer line needs to be repaired the township will have to go through the homeowner’s driveway. In the event that any work is required on the sewer line the owner will be required to restore his own driveway. The applicant agrees to this condition.

The elevation of the home will be commensurate with the elevation of the other homes.

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

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

A motion to grant conditional approval was made by Mr. Trent and seconded by Mr. Muscarelle. A roll call of members present revealed 7 yes votes by Mr. Brotherton, Mr. Muscarelle, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Jandris and Mr. Donigian.

B. DKT. #441A, FRANKLIN TPK. CONSTR., MAJOR S/D
BL. 104, LOTS 26 & 83

Thomas Van Dam, Esq. appeared on behalf of the applicant. He stated that they were appearing in order to examine additional points which were discussed in a prior meeting. The applicant presented additional changes to the plan.

The applicant stated that the cul-de-sac will be pulled back five (5) feet which will result in an increase in the side yard setback of the adjoining property. The new plan shows a fence and buffer with a double row of trees. There is a constraint on the north side of Lot 83.03. There is a sanitary sewer easement which runs along the property line which restrains any further movement of that lot.

The applicant will space the White Pines with four foot centers.

Construction vehicle access will be on Maysenger Road.

Documentation regarding a Superior Court case entitled Daniel Cottone and The Builders Association of Northern New Jersey vs. The Township Committee of the Township of Mahwah and The Township of Mahwah, Docket No. L-13066-81 was discussed. The applicant asserts that the homeowners association is impractical.

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

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

Mr. Donigian stated that he wanted to confirm that if the Board approves Block 104, Lot 3 subdivision it does not bind itself for the approval of Block 105.01, Lot 90 subdivision. Mr. Scandariato stated that there would be a caveat to the resolution regarding this.

A motion to grant conditional approval was made by Mr. Trent and seconded by Mr. Jandris. A roll call of members present revealed 5 yes votes by Mayor Martel, Dr. Ross, Mr. Trent, Mr. Jandris and Mr. Donigian. Mr. Brotherton, Mr. Muscarelle abstained.

VIII. WORK SESSION:

A. COMMITTEE REPORTS

1. BD-216-1404, MYTY, 12 STONE MEADOW, ELEV. CHANGE

The applicant came before the Board about 1-1/2 years ago for subdivision approval. One-half is in Mahwah the other one-half is in Airmont. The floor elevations are 4 ft. due to a change of architectural plans.

A motion to approve was made by Mr. Muscarelle and seconded by Mr. Trent. A roll call of members present revealed 7 yes votes by Mr. Brotherton, Mr. Muscarelle, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Jandris and Mr. Donigian.

2. T/A 02-2031, TANNING SALON, 3 MILLER RD.

This is a 1,500 sq. ft. space. The tenant’s hours of operation are from 10:00 a.m. to 9:00 p.m. Monday through Friday and 10:00 a.m. to 8:00 p.m. Saturdays. There is public/municipal parking and street parking.

A motion to approve was made by Mr. Muscarelle and seconded by Mr. Trent. A roll call of members present revealed 7 yes votes by Mr. Brotherton, Mr. Muscarelle, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Jandris and Mr. Donigian.

B. OLD/NEW BUSINESS

1. CORRESPONDENCE FOR YOUR INFORMATION




IX. ADJOURNMENT

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

The meeting was adjourned at 10:30 P.M.






These minutes were prepared by Joan Mandle



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