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TOWNSHIP OF MAHWAH PLANNING BOARD
MINUTES
DECEMBER 16, 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. Jandris, Mr. Donigian (8:50).

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

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

II. BILLS

12/1/02 Kasler Associates, PA $350.00

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

III. APPROVAL OF MINUTES

A motion to approve the minutes of the December 2, 2002 meeting with no revisions or corrections was made by Mr. Brotherton and seconded by Mr. Trent. All in favor.



IV. RESOLUTIONS:

A. RECOMMENDATION FOR ADOPTION OF ORD. #1429

A motion to approve the resolution was made by Mr. Brotherton 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 6 yes votes by Mr. Brotherton, Mayor Martel, Dr. Ross, Mr. Trent, Mr. DeKramer and Mr. Jandris. Mr. Muscarelle abstained.

B. DKT. NO. 445, FRANKLIN TURNPIKE CONSTRUCTION CO., L.L.C.

A motion to approve the resolution 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 member present revealed 5 yes votes by Mr. Brotherton, Mayor Martel, Dr. Ross, Mr. Trent, Mr. DeKramer. Mr. Muscarelle and Mr. Jandris abstained.

C. DKT. NO. 441-A, FRANKLIN TURNPIKE CONSTRUCTION CO., L.L.C.

A motion to approve the resolution with the following revisions was made by Mayor Martel and seconded by Mr. Trent. 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 6 yes votes by Mr. Brotherton, Mr. Muscarelle, Mayor Martel, Dr. Ross, Mr. Trent and Mr. Jandris.

Page 2, Section 4.b.(3) shall be deleted, and
Page 7, paragraph 2 “BE IT FURTHER RESOLVED that … Township Engineer.” shall be deleted.

V. OPEN TO THE PUBLIC

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

VI. PUBLIC HEARINGS:

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

Scott Lippert, Esq. the attorney for the applicant introduced himself. He stated that this matter is a continuation of a prior meeting and introduced Mr. Vanderveer who displayed the last revised plans. Mr. Vanderveer stated that in accordance with the Boswell Engineering letter and the Planning Board comments the plan shows freshwater wetlands, 150 ft. wetlands line. They amended the plan to eliminate slopes in excess of 1:4, they have corrected the tree removal and tree replacement on the soil erosion control plan, they have indicated spacing between tiered retaining walls, soil moving volumes and submitted drainage calculations.

Boswell Engineering stated that they have reviewed the plans. The majority of their comments from the previous letter have been addressed. They are reviewing the drainage calculations. Mr. Kelly stated that the tee box and green are located in the buffer and the applicant will have to obtain DEP approval for those areas.

The applicant stated that the driveway will be cut short so that it does not encroach.

Paul Cowie, 150 River Road, Suite D4, Montville, NJ was sworn in and accepted as an expert witness. He is a consulting arborist and was hired by the applicant to do an inventory of existing trees on the site that would be impacted by the development. He went out on the site with the plans and identified the trees impacted by the construction. The report dated October 31, 2002 concluded that on Lot 21 there are 109 trees. 49 trees are exempt because of their size or because they are dead or in diseased condition. There is a removal allowance of five (5) trees per lot. In conclusion there are 55 trees to be removed, 14 trees to be replaced. Mr. Cowie recommended a number of different species of trees to replace the trees being removed.

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. DeKramer 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 6 yes votes by Mr. Brotherton, Mayor Martel, Dr. Ross, Mr. Trent, Mr. DeKramer and Mr. Jandris. Mr. Muscarelle abstained.

B. BD-216-1407, BEAR BROOK, 1080 RAMAPO VALLEY, SOIL

Scott Lippert, Esq. the attorney for the applicant introduced himself. He stated that this matter is a continuation of a prior meeting and introduced Mr. Vanderveer who displayed revised plans through November 26, 2002. These plans were revised in accordance with the Planning Board’s suggestions and in accordance with the letter of Boswell Engineering. The plans show freshwater wetlands. No portion of the development will be within 150 ft. of the wetlands. The plan shows existing non-conforming street frontage. And it shows correct slope requirements, nothing in excess of 1:4. The tree count has been revised. The applicant has supplied drainage calculations. The existing garage will remain.

Boswell is currently reviewing the drainage calculations. Mr. Kelly stated that the floor elevations are clearly above the flood hazard area.

Paul Cowie, 150 River Road, Suite D4, Montville, NJ, the applicant’s consulting arborist stated that he looked at the area of proposed construction and identified trees that would require removal. His October 31, 2002 report indicates 48 trees on Lot 22, 19 trees were exempt due to size, there is a removal allowance of 5 trees per lot. In conclusion 24 trees are to be removed, 6 trees will be replaced. Mr. Cowie recommended a number of different species of trees to replace the trees being removed. There are some trees along the foot path that might be able to be saved. The applicant will make every effort to save those trees.

There is a 48 inch tree located around the terrace area. Bob Meyer stated that he did a lot of analysis and that the tree could not be saved due to the placement of the house and the area of the swimming pool tying together with slopes and grades. Mr. Meyer was asked to revisit it and stated that he would.

Mr. Cowie stated that there was some bad decay in this tree.

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 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 4 yes votes by Mr. Brotherton, Dr. Ross, Mr. Trent and Mr. DeKramer. Mr. Muscarelle, Mayor Martel and Mr. Jandris abstained.


C. DKT. #444, COACH USA, SITE PLAN & SOIL

Thomas Williams, Esq., the attorney for the applicant stated that this is a continuation of a prior public hearing. The applicant seeks approval of the revised site plan.

David Hals, 9 Post Road, Oakland, New Jersey was accepted as an expert witness. He is the applicant’s engineer. He presented the “Revised Plans for Soil Movement and Site Plan for Block 26, Lot 3 - Sheet 1 of 4, Dated 4-17-2002”. The applicant seeks site plan approval for expansion of the existing parking area. The property located to the north is the existing maintenance facility for Coach USA. On the easterly side is employee parking. The expanded area is for busses and the applicant will slide employee parking further to the east to increase bus parking on the site from 56 to 84 busses. The bus parking stalls are 45 ft. x 8-1/2 ft. The applicant proposes three access driveways out to Leisure Lane; two bus entrances and exits and one entrance for employee parking. The first driveway is for the busses coming out of the maintenance facility. The second driveway is for busses not requiring maintenance. The busses will make a right hand turn and go out onto Route #17. Busses will leave the site between 5:00 a.m. and 7:30 a.m. and return to the site between 5:30 p.m. and 9:00 p.m. The maintenance facility is open 24 hours a day. Mr. Hals showed the routes that the busses would travel leaving the site to get on to Rt. 17 N. and Rt. 17 S.

The applicant seeks a variance for coverage in excess of 80%. The pavement would be macadam.

At the present time they stack their busses.

Park Street is a paper street which was vacated by the Township in 1953. Park Street is 40 ft. wide. The property line is shown going down the center of Park Street.

Mr. Matthews stated that they need a place to put all the busses. They have 15 busses at Palisades Center which need to be moved out. They currently have two busses and two mini busses out of the Palisades facility which are strictly on New York routes.

There are 193 busses and about ½ are in outlying areas.

The Planning Board’s main concern is impervious coverage. Dr. Ross asked if the applicant could revisit this plan and bring it down to 80% coverage. The applicant will come back before the Board with a revised plan.

This matter was continued to January 27, 2003.

D. DKT. #440, VISTA BAHN MAJOR PREL. S/D

Bruce Whitaker, Esq., the attorney for the applicant stated that this is a continuation of a prior hearing. At the last meeting they submitted plans not yet reviewed by Kasler Associates and Boswell Engineering. These plans have been modified and resubmitted by Herbert Schlessinger. The plans consisting of 16 pages were marked “A-1”.

Mr. Schlessinger stated that the number of lots have been reduced to 24. There are no shared driveways. Each lot is serviced by separate water and sewer systems. No walls will exceed 6 ft. Each lot will be subject to site plan review before building permits are issued.

Boswell Engineering reported that they received the submission which addressed some of their comments. The applicant proposes slopes up to 1V:0.6H for construction of the roads which exceeds slopes permitted by OSHA. Boswell is unaware of the soil condition. Slopes steeper than 1:3 could be permitted if they are within a rock area. However, that would require verification of where the rock is and the rock characteristics. Boswell Engineering stated that the slopes proposed for the roadway are unsafe.

A tree removal plan should be provided as part of the soil movement application.

The applicant proposes an export of 64,000 c.y. of soil. This would require 9,200 trips of soil leaving the site.

RSIS standards do not differentiate private and public roads. Therefore, the cross road would require a 50 ft. right of way and it would also require a 10 ft. area which needs to be level for the installation of utilities.

The applicant has not received the approval of the Township’s Emergency Services.

Mr. Whitaker stated that they will submit a tree removal plan which will be subject to Environmental Commission approval. Mr. Schlessinger stated that the soil movement plan before the Board is an interim step. Calculations were only for the roadway with individual lots being approved when the actual lot and grading is known. The applicant will take borings or get subsurface information. Everything will be built so that there are no slopes greater than 1:3.

The applicant stated that requests #1 through #37 of the Boswell letter of December 16, 2002 will be supplied and appropriate modifications to the plan will be made.

Variances are being requested where a wall in a front yard exceeds 3 ft... Approximately ½ of the lots have this condition. The lots require multiple retaining walls due to a gradient in excess of 10%.

Mr. Schlessinger stated that there were at least 57 lots in Rio Vista that had front yard retaining walls greater than 3 ft. and 17 lots with side retaining walls that exceed what is permitted by ordinance.

A list of front and side yard walls for previously approved properties was marked “A-2”. Mr. Schlessinger passed around photos which showed the same type of topography and walls they are proposing. These photos were marked “A-3”.

The plan was submitted to the subcode official. Mr. Schlessinger spoke with the subcode official and the subcode official had not yet had time to review the plans. The applicant had not received Mr. Roe’s December 11, 2002 report. Ms. Wiley gave the applicant a copy of same.

The applicant has requested the following waivers:

1. Drainage within 500 feet: The applicant stated that all drainage on Tudor Rose Terrace and Finn Court drains away from the site.

2. Design waivers: All lots are over 80,000 sq. ft. Some lots are not radial.

3. Topography within 200 feet: This is primarily a drainage issue. The applicant has submitted calculations and its drainage proposal to the Bergen County Planning Board.

4. Slope Waivers for slopes 1:3. The applicant stated that this will allow for less disturbance on the site.

Mr. DeKramer stated that the Army Corp of Engineers stated that the applicant should show drainage within 500 ft. and Mr. DeKramer is not willing to grant this waiver.

Robert C. Kirkpatrick, 16 Karey Way, Morristown, NJ was sworn in and qualified as an expert witness. Mr. Kirkpatrick is a professional engineer, surveyor and planner. Mr. Kirkpatrick stated that he had reviewed the reports from Kasler Associates and Boswell Engineering and the requests for waivers and variances.

RSIS standards contained in Boswell Engineering’s reports were discussed.

Mr. Kirkpatrick stated that he did not think that sidewalks were advisable. He stated that the applicant proposes roads 26 ft. wide which will provide for adequate area for bicycles and walking. It was his opinion that RSIS does not require sidewalks.

Mr. Kirkpatrick stated that this subdivision has a number of roadways, some private and some public. Parking along the private roadways was discussed.

Mr. Whitaker stated that they would stipulate that there is no parking except where the roadway is 28 ft. and this will be noted on the plan.

RSIS maximum grades were discussed.

Mr. Kirkpatrick stated that this property is long, narrow, steep and fronts on a relatively high traffic road and every one of these lots exceeds 80,000 sq. ft. He feels variances can be granted without impairing the intent of the ordinance. He stated that he believes variances for the walls can be granted without substantial impairment to the public good, this application fits within all 3 of the “c” variance requirements.

Boswell Engineering stated that they are not in a position to state whether these roadways can be built. Mr. Whitaker stated that they will stipulate no parking other than those locations shown on the plans and that Title 39 would be a condition of approval.

Another concern was with regard to where construction can occur on the roads that border the public roadway.

Mr. Whitaker said that they will stipulate that for particular lots construction would occur 60 ft. back from the private roadway.

With regard to the front of lots on Rt. 202, Mr. Whitaker stated that they would stipulate that Mahwah impose a conservation easement. There would be deed restrictions as a precondition to the filing of the map.

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

Mr. Richard Greene of Sun Valley Farm was sworn in. Mr. Greene owns the property directly across from the subject property. He is concerned with the waiver for drainage within 500 ft. He stated that he is very concerned about dumping all the water on the up side of the Cleveland Bridge. He does not want the waiver to be granted. He feels the conservation easement is an excellent idea. He would still like to know where the slope map is that was supposed to be submitted. He stated that we have not heard anything regarding the Bergen County Planning Board application.

Mr. Whitaker stated that the Bergen County Planning Board application is still proceeding.

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

Boswell Engineering stated that they do not have enough information to make a decision. Previously requested soil and rock information must be provided to ensure that the proposed roads can be safely built.

Dr. Ross read the December 11, 2002 letter of Raymond Roe into the record. He stated that no approval can be granted at this time.

Mr. Kelly said that it is the applicant’s responsibility to prove that these lots can be built safely and that requires the approval of emergency services. Dr. Ross asked if the applicant would consent to an extension of time for the Board to act on the application, to allow time for the applicant to submit the information which Boswell Engineering had requested and which, to date, had not been provided. The applicant refused to consent to the extension.

A motion to deny the application due to applicant’s failure to demonstrate that the proposed roads could be constructed, or that the proposed lots could be safely built upon, was made by Mr. Trent and seconded by Mr. DeKramer. A roll call of members present revealed 7 yes votes by Mr. Brotherton, Mayor Martel, Dr. Ross, Mr. Trent, Mr. DeKramer, Mr. Jandris and Mr. Donigian. Mr. Muscarelle abstained.

VII. WORK SESSION:

A. COMMITTEE REPORTS

B. OLD/NEW BUSINESS

Ms. Wiley was authorized to send a letter to Merrie Ed Omsberg thanking her and wishing her good luck

The Board of Adjustment resolution regarding Marchesi was discussed. Mr. Whitaker stated that the Board of Adjustment approved construction of the dwelling unit on the lot as it currently exists. The application was made to the Planning Board to add property to the existing lot. At the current time no resolution has been adopted and the Board will reconsider. Mr. Whitaker will send the Board a letter asking them to reconsider.

There are currently two seats available on the Planning Board and one appointment coming up. The Board was asked to contact Mayor Martel if they have any suggestions for planning board members.

VIIX. 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 11:40 P.M.






These minutes were prepared by Joan Mandle



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