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TOWNSHIP OF MAHWAH PLANNING BOARD
MINUTES
NOVEMBER 25, 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, Mayor Martel (8:10), Dr. Ross, Mr. Trent, Mr. DeKramer, Mr. DaPuzzo

ABSENT: Mr. Arbuckle, Mr. Muscarelle, Ms. Omsberg, Mr. Jandris, Mr. Donigian

PROFESSIONALS: Michael Kelly, P.E., Peter Ten Kate, P.E., Mara Winokur, P.P., Peter Scandariato, Esq.

II. BILLS

11/09/02 Carmine R. Alampi, Esq. $ 42.50
(Peter J. Scandariato, Esq.)

11/09/02 Carmine R. Alampi, Esq. $314.50
(Peter J. Scandariato, Esq.)

11/1/02 Kasler Associates, P.A. $350.00

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

III. APPROVAL OF MINUTES OF 10/28/02


The following revision was made to the minutes of 10/28/02:

Page 4, Line 1 – Change “BRAMSHELL” to “BRAMSHILL”.

A motion to approve the minutes of the October 28, 2002 meeting with the noted revision was made by Mr. Trent and seconded by Mr. Brotherton. All in favor.

APPROVAL OF MINUTES OF 11/04/02

The following revisions were made to the minutes of 11/04/02:

Page 3, Line 3 – Change “disturbance” to “distance”
Add the word “exits” to the end of the line.

Page 5, Paragraph 1 – Add to the end of the paragraph “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 approve the minutes of the November 4, 2002 meeting with the noted revisions was made by Mr. Trent and seconded by Mr. Brotherton. All in favor.

IV. RESOLUTIONS:

FROM 08/12/02 MEETING:

1. Dkt. #433, HAWK’S NEST, LLC, PRELIMINARY & FINAL MAJOR SUBDIV., APPROVAL & SOIL MOVEMENT PERMIT APPROVAL, DEERHAVEN ROAD

A motion to approve the resolution was made by Mr. DeKramer and seconded by Mr. Brotherton.

A motion to waive the reading of the resolution was made by Mr. Brotherton and seconded by Mr. Trent.

A roll call of members present revealed five yes votes by Mr. Brotherton, Dr. Ross, Mr. Trent, Mr. DeKramer, Mr. DaPuzzo.

FROM 09/23/02 MEETING:

1. E-BD-216-239-340, EMPIRE DEV., LLC, PLOT PLAN & SOIL MOVEMENT PERMIT APPL., 15 PATRICK BREM CT.

The following revision was made to the resolution:

Page 4, Paragraph 9, Line 3 – “native species. … Norway maples and white pines are not an …”.

A motion to approve the resolution as amended was made by Mr. Trent and seconded by Mr. DeKramer.

A motion to waive the reading of the resolution was made by Mr. Brotherton and seconded by Mr. DeKramer.

A roll call of members present revealed six yes votes by Mr. Brotherton, Dr. Ross, Mr. Trent, Mayor Martel, Mr. DeKramer, Mr. DaPuzzo.


FROM 10/14/02 MEEETING:

1. E-BD-216-239-341, DESTRO, PLOT PLAN & SOIL MOVEMENT PERMIT APPL., 22 PATRICK BREM CT.

The following revision was made to the resolution:

Page 4, Paragraph 10, Line 4 – “used to fulfill a portion of … . Norway Maples and white pines… “.

2. TEMPORARY TRAILER PERMIT APPROVAL, STRYKER HOWMEDICA OSTEONICS (OWNER), BARR & BARR (C0ONTRACTOR)

3. DKT. #435, GABRELLIAN ASSOCIATES, PRELIMINARY AND FINAL SITE PLAN & SOIL MOVEMENT PERMIT APPROVAL.

A motion to approve the resolutions as amended was made by Mr. Trent and seconded by Mr. DeKramer.

A motion to waive the reading of the resolution was made by Mayor Martel and seconded by Mr. Trent.

A roll call of members present revealed five yes votes by Mayor Martel, Dr. Ross, Mr. Trent, Mr. DeKramer, Mr. DaPuzzo. Mr. Brotherton abstained.

FROM 10/28/02 MEETING:

1. DKT. #447, SHARP ELECTRONICS CORP., AMENDED SIT EPLAN APPROVAL.

2. TA#02-2030, RUTAN POLYTHYLEN SUPPLY & BAG MANUFACTURING CO., INC., 39 SIDING PLACE.

3. TA#02-2033, FUJI NOVELL BATTERIES, 300 CORP. DR.

4. TA#02-2034, MAHWAH HELATH SERVICES, 180 FRANKLIN TPK.

5. E-BD-216-239-343, LEONARD BLDRS., PLOT PLAN & SOIL MOVEMENT PERMIT APPL., 29 BRAMSHILL DR.

The following revision was made to the resolution:

Page 4, Paragraph 11, Line 4 – “Conifers may be … . Norway Maples and white pines…”.

6. E-BD-216-239-344, YAJNIK, PLOT & SOIL MOVEMENT PERMIT APPL., 2 PATRICK BREM CT.

The following revision was made to the resolution:

Page 4, Paragraph 9, Line 4 – “used to fulfill … . Norway Maples and white pines…”.

A motion to approve the resolutions as amended was made by Mr. Brotherton and seconded by Mr. Trent.

A motion to waive the reading of the resolutions was made by Mayor Martel and seconded by Mr. Trent.

A roll call of members present revealed six yes votes by Mr. Brotherton, Mayor Martel, Dr. Ross, Mr. Trent, Mr. DeKramer and Mr. DaPuzzo.

FROM 11/04/02 MEETING:

1. DKT. #448, 10 ACRES, LLC, MINOR SUBDIVISION, FARDALE AVE.

The following revision was made to the resolution:

Applicant name should read “10 Acre, L.L.C.”

A motion to approve the resolution as amended was made by Mr. Trent and seconded by Mr. Brotherton.

A motion to waive the reading of the resolution was made by Mayor Martel and seconded by Mr. Trent.

A roll call of members present revealed four yes votes by Mr. Brotherton, Mayor Martel, Dr. Ross and Mr. Trent. Mr. DeKramer and Mr. DaPuzzo abstained.

VI. OPEN TO THE PBULIC

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

VII. PUBLIC HEARINGS:

A. BD-216-239-345, 735 RAMAPO VALLEY RD., RIO VISTA SOIL

Vincent La Barbieri, VHI Builders, 115 Seminary Drive introduced himself. The applicant is proposing construction of a single family residence. There will be a net import of 250 c.y. of soil. They will be removing 41 trees and replacing 11 trees. White pines and Norway maples are not acceptable replacement trees. The applicant seeks a waiver for slopes 1:3.

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

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

B. BD-216-1406, BEAR BROOK, 1076 RAMAPO VALLEY RD., SOIL

Scott Lippert, Esq. of Dollinger & Dollinger introduced himself. He is the attorney for the applicant.

Mr. Scandariato stated for the record that he had represented Mr. Meyer in matters unrelated to Mahwah.

The application involves a two lot subdivision which was granted by the Planning Board back in 1983. The property is in the R-80 zone. This matter has now come before the Board for a soil movement permit.

Lots 21 and 22 share a common driveway. Lot 22 does not have frontage on Ramapo Valley Road. There was an easement and a variance granted at the time the subdivision was approved.

Mr. Gary VanderVeer of Azzolina, Feury & Raimondi, 30 Madison Avenue, Paramus, NJ was sworn in. He prepared the site plan for Bear Brook Builders, LLC for Block 25, Lot 21. This plan shows the redevelopment of Lot 21. There is an existing house and cabin and detached garage. The lot slopes up from Ramapo Valley Road.

There will be a cut of 2,015 c.y., fill of 1,120 c.y., import of 625 c.y. and export of 1,500 c.y.

The existing cabin on the lot is 50 ft. away from the Ramapo River and is 50 to 60 years old. The applicant proposes keeping the cabin in place.

Mr. Robert Meyer was sworn in and stated that there is a small heater in the structure that has been fed from a small propane tank. The applicant’s intent is that it will not be used as a year round residence. The structure would be for recreational purposes only.

Boswell Engineering’s letter of November 6, 2002 was reviewed by Mr. VanderVeer. They will comply with all of the conditions in that letter. They will amend the plan to eliminate the slope waiver with regard to the swale. They are requesting a waiver for slopes of 1:3. 41 trees will be removed and there will be 11 replacement trees. They will probably remove an Ash tree from the side of the house.

The applicant stated that they would like to return before the Board in order to further address the issues of how many trees will be removed and whether they will require a slope waiver.

No wetlands will be affected by any of the work the applicant is doing.

The driveway meanders onto Lot 23. It will be relocated onto the subject property.

David Poling, 225 East Main Street, Rockaway, NY introduced himself. He is an Environmental Consultant, his specialty is wetlands. He was engaged to look at the property to identify wetlands. Mr. Poling was on the property in July and September. He found a wetlands area towards the front of the property along Ramapo Valley Road and a wetlands area along the Ramapo River. The applicant does not intend to build within the watercourse areas.

Boswell Engineering stated that the applicant should go to DEP or move the tee box and green 150 ft. from the river. The applicant agrees to do same.

Boswell Engineering requested that the applicant show the wetlands areas on the plan.

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

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

This matter was carried to December 16, 2002.

C. BD-216-1407, BEAR BROOK, 1080 RAM. VALLEY RD., SOIL

Scott Lippert, Esq., of Dollinger & Dollinger introduced himself. He is the attorney for the applicant.

Mr. Gary VanderVeer was sworn in. He prepared the site plan for this applicant. He displayed drawing 1 of 4 of a set of plans entitled “Site plan prepared for Bear Brook Builders, LLC, Block 25, Lot 22, Township of Mahwah, Dated September 10, 2002.” This drawing shows the proposed development of Lot 22, a single family residence with driveway and attached garage. In the rear there will be a pool and terrace. The development area is vacant, however, there is a garage and gravel path. Access to the lot will be by way of a 25 ft. driveway easement which runs along Lot 21.

The applicant stated that they will comply with all the comments noted in the Boswelll Engineering letter of November 6, 2002. The applicant will not be requesting any waivers. The will do a tree count on the lot and will prepare an application and submit same between now and the next meeting.

David Poling an environmental consultant with a specialty in wetlands walked this site to identify and determine the extent of wetlands on the property. The only wetlands are along the Ramapo River. They will show the area of wetlands along the Ramapo River and the 150 ft. transition area on the plans.

The existing garage will remain. The applicant will not construct any accessory structures on the property without first knocking down the garage or coming to the Board for relief.

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 Mayor Martel and seconded by Mr. Brotherton. All in favor.

This matter was carried to the meeting of December 16, 2002.

D. DKT. #444, COACH USA, SP & SOIL

This matter was carried to the meeting of December 16, 2002.

E. DKT. #445, FRANKLIN TPK. CONSTR.; 105.01, LOT 90

Thomas Van Dam, Esq., attorney for the applicant introduced himself. He stated that this matter was carried from the meeting of November 4, 2002. There was some concern as to the notification of a property owner. The property owner has been notified by certified mail and he has filed proofs with the Planning Board. The plan before the Board depicts the revisions discussed at the last meeting. There were three comments from the last meeting.

1. Moving the lot line over;
2. Retaining wall in right of way;
3. Landscaping.

Herb Schlessinger stated that they have moved the right of way 10 ft. off property line. Therefore, the property would not be subject to 50 ft. setbacks. They were then able to put the retaining wall in the property of lot 90.04. Therefore, the wall is no longer in the right of way. They added tree buffers.

Boswell asked if they would direct roof runoff to seepage pits. Mr. Schlessinger stated that they have a larger detention basin than required but will develop a plan with seepage pits.

There will be 17 trees removed and 5 trees are being replaced.

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

Douglas Sanchez of 14 Rock Ridge Road asked about screening behind his property. There will be a double row of white pines.

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

A motion to grant conditional approval was made by Mr. Trent and seconded by Mr. Brotherton. A roll call of members present revealed five yes votes by Mr. Brotherton, Mayor Martel, Dr. Ross, Mr. Trent and Mr. DeKramer and one no vote by Mr. Da Puzzo.

VIII. WORK SESSION:

A. COMMITTEE REPORTS

1. T/A 01-2026, PRESTIGE, 67 RAMAPO VALLEY ROAD REQUEST EXTENSION OF TEMP. PKG. & ADDITIONAL SPACE

This applicant is awaiting DEP approval and is requesting an extension of temporary parking and additional space.

A motion to approve the application was made by Mr. DeKramer and seconded by Mr. Trent. A roll call of members present revealed six yes votes by Mr. Brotherton, Mayor Martel, Dr. Ross, Mr. Trent, Mr. DeKramer and Mr. DaPuzzo.

B. ORD. #1429, STEEP SLOPE DEV., RESOLUTION WITH COMMENTS TO TOWN COUNCIL

Boswell Engineering has reviewed the Steep Slope Ordinance and has been in contact with the attorney and he stated that they have provided him with their comments. Boswell has changed the wording regarding how the measurements are to be made.

Mara Winokur of Kasler Associates stated that Mr. Kasler has no problem with the Ordinance and is in agreement with same. Mara Winokur will fax a written statement to the Board.

A motion to recommend adoption of the Ordinance by the Township Council was made by Mr. Brotherton and seconded by Mr. Trent. A roll call of member present revealed five yes votes by Mr. Brotherton, Mayor Martel, Dr. Ross, Mr. Trent, Mr. DeKramer. Mr. DaPuzzo abstained.

C. 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 9:40 P.M.






These minutes were prepared by Joan Mandle



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