TOWNSHIP OF MAHWAH PLANNING BOARD
JULY 28, 2003
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, 475 Corporate Drive, 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 recording is on file with the Board Secretary at the Planning Board Office, 475 Corporate Drive, Mahwah, NJ. Copies of the recording may be purchased for a fee.
PRESENT: Mr. Brotherton, Mr. Donigian (8:40), Mr. Jandris, Mayor Martel (8:10), Dr. Ross, Mr. Trent, Mr. Crean, Mr. Lamster
ABSENT: Mr. DaPuzzo
PROFESSIONALS: Peter Scandariato, Esq., Malcolm Kasler, P.P., Michael Kelly, P.E.
II. APPROVAL OF BILLS
III. APPROVAL OF MINUTES
Page 5, Paragraph 3 change 13,080 c.y. of soil to 1,308 c.y.
A motion to approve the minutes of the June 23, 2003 meeting as amended was made by Mr. Brotherton and seconded by Mr. Trent. All in favor.
FROM 5/12/03 MEETING
A. DKT. #458, KEVIN NELSON, MINOR S/D APPROVAL
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 Mr. Brotherton and seconded by Mr. Trent. A roll call of members present revealed 5 yes votes by Mr. Brotherton, Mr. Jandris, Dr. Ross, Mr. Trent and Mr. Lamster. Mr. Crean abstained.
Boswell Engineering stated that the three variances are no longer required.
FROM 5/19/03 MEETING
A. DKT. #454, LIBERTY HYUNDAI, LLC, SITE PLAN & SOIL
This application is for preliminary site plan only. Mr. Hals was qualified as a professional engineer and a professional planner.
Page 4 under Item b – “121 parking spaces and 5 handicapped parking spaces” reword to say “121 parking spaces including 5 handicapped parking spaces”.
A motion to approve the resolution as amended was made by Mr. Trent and seconded by Mr. Crean. 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 6 yes votes by Mr. Brotherton, Mr. Jandris, Dr. Ross, Mr. Trent Mr. Crean and Mr. Lamster.
V. OPEN TO THE PUBLIC
A motion to open the meeting to the public was made by Mr. Trent and seconded by Mr. Brotherton. All in favor.
Debbie McGuire, 815 Darlington Avenue, Mahwah, NJ reported that she was in touch with the DEP regarding 805 Darlington Ave. She was advised that this matter would be heard under public hearings.
A motion to close the meeting to the public was made by Mr. Trent and seconded by Mr. Brotherton. All in favor.
VI. PUBLIC HEARINGS:
A. DKT. #450, OMNIPOINT, 82 MCKEE DRIVE – This matter is off to 8/25/03. If not heard at that time the applicant will have to renotice.
B. E-BD-216-1461, 805 DARLINGTON AVENUE, SOIL
Andy DelVecchio, the attorney for the applicant stated that the applicant is requesting a soil application. The applicant seeks permission to move approximately 1,371 c.y., 1,466 fill, 95 c.y. cut on the property for the purpose of constructing a single family home and site improvements such as driveway and pool. Plans dated 7/10/03 were submitted and marked as Exhibit A-1.
David Hals, 9 Post Road, Suite 1011, Oakland, N.J. was sworn in. Mr. Hals was previously qualified as a professional engineer and planner. Mr. Hals prepared the plans marked Exhibit A-1. This is a vacant piece of property which fronts on the easterly side of Darlington Avenue. It sits between the intersection of Campgaw Rd. and Seminary Rd. There is a stone wall along the right-of-way line on Darlington Avenue. It is a fairly level piece of property. The front portion contains wetlands. Delineation has been approved by the State of N.J. There are wetlands associated with a brook in the back of the property. A Letter of Interpretation was issued by DEP in May of 2001. Permits which have been granted are an L.O.I. line verification, transition area waiver and averaging plan approval, special activity transition area waiver for linear development granted for driveway and a General Permit #10 water quality certification and waiver of transition area. DEP Approval Letter dated May 22, 2001 (Re: 10.4) was marked as Exhibit “A-2”, DEP Approval Letter dated May 22, 2001 (Re: 10.1, 10.2 and 10.3) was marked as Exhibit “A-3”.
Mr. Hals stated that there has been a modification from the original plan. The previous plan proposed an import of 1,308 c.y. The applicant is aware that if the soil does not come from Mahwah a certification that it is clean fill will be required. The 4 ft. high retaining wall in the front of the house has been slid toward the wetland buffer line and is now a 2 ft. stone wall. They are filling along the perimeter of the house on the right hand side. They are filling around the rear portion of the pool area. The height of the rear wall is 5-1/2 ft. at the highest point. The improvements depicted on the plan comply with the zoning ordinance.
Drainage, water discharge and setbacks were discussed. The applicant will be increasing the runoff from the driveway. The applicant will make modifications in order to meet a zero increase in rate of runoff. A stone filled trench will be put along the driveway and the runoff will be sent to the enviro chamber. Boswell Engineering will review the plan. Boswell Engineering suggested a gravel driveway to decrease the amount of impervious coverage.
Conditions downstream on the Darlington Brook were discussed. The applicant stated that the DEP identified this as an intermediate resource classification and issued permits accordingly. Boswell has requested a copy of the plan approved by the DEP but it has not yet been received.
Boswell Engineering is waiting to hear from the DEP as to why the Town was subject to “exceptional value” and the applicant “intermediate value”.
Mr. Hals stated that the applicant will comply with all of the construction requirements outlined in the Boswell review letter.
Item #7 shows 3:1 slopes. This should be 4:1 and the applicant will revise its plan.
Item #8 – Building height has been changed to 30.5 ft. The applicant will modify the plans accordingly.
Item #10. Applicant will provide DEP mapping to Boswell.
Item #16. PERC tests will be done prior to construction.
Top and bottom of wall elevations along frontage will be required on the revised plan.
A motion to open the meeting to the public was made by Mr. Crean and seconded by Mr. Brotherton.
Debbie Maguire, 815 Darlington Avenue, Mahwah, NJ questioned the removal of the trees on the side of her property and stated that that area will be wet. She spoke to DEP and DEP advised that the applicant had no permits. She called endangered species and the Department of Fish and Wildlife and sent forms out to Trenton and stated that they would come out and check the area and that there is a possibility that the applicant will not be able to build that close to the stream.
A motion to close the meeting to the public was made by Mr. Brotherton and seconded by Mr. Trent. All in favor.
The applicant will amend their plan to include the replacement of trees along the driveway. The applicant agreed to replace each tree removed along the driveway with one tree on a one-to-one basis.
A motion was made by Mayor Martel and seconded by Mr. Brotherton to continue this matter for decision until August 11, 2003. All in favor.
C. DKT. #455, WOODCLIFF LAKE DEV., CAMPGAW RD., MAJOR
Thomas Van Dam, Esq. attorney for applicant introduced Mr. John Peel, President of PK Environmental, 205 Main Street, Chatham, NJ. Mr. Peel was qualified as an expert witness.
Boswell Engineering has not yet done a thorough review of the EIS.
Mr. Peel was retained by Woodcliff Lake Dev. His firm prepared the EIS dated July 16, 2003 (Exhibit “A-11”). The applicant has applied for the following permits:
- Transition area waiver;
- GP 10A for proposed road crossing;
- GP 11 to allow storm water outfall into existing pond and wetland area on the south side of the site;
- GP 18 for removal of the dam.
The Environmental Impact Statement was discussed in detail. The drainage of the pond will not infringe on wetlands. The pond is now 1.2 acres and will be .6 acres. If the pond is aerated it can be cleaner than it is now. DEP will allow the reduction of the pond site but wants appropriate vegetation in place.
The loss of woodlands was discussed and the impact on surface waters. The applicant is trying to get permits from the DEP. They believe that they are in compliance with DEP rules and regulations.
An alternative of a reduced project by the elimination of one lot was discussed. Mr. Peel stated that it would be doable, however, he could not speak for the client.
A motion to open the meeting to the public was made by Mayor Martel and seconded by Mr. Trent. All in favor.
Patricia Santangelo, 17 Meadowlake Drive, Mahwah, NJ. questioned how Fike Road would be widened with the existing wetlands. If wetlands are involved a permit will be required.
Cindy Regino, 376 Beverly Place, Mahwah, NJ is concerned about the noise that would result from the taking down of trees. She was advised that the Board is awaiting an expert noise study and it was requested that she address this issue at the meeting when the noise expert is scheduled.
Michael Beatrice, 1 Glenmere Terrace, Mahwah, NJ questioned the hydrology part of the EIS and impact on animal life. He was advised that the habitat would be reduced. He questioned surface water, drainage and removal of trees. He stated that the aquifers for homes that have wells in the area may be affected.
Patricia Stone, 335 Campgaw Road, Mahwah, NJ questioned whether the area of disturbance on the property could be limited.
This matter was continued to August 25, 2003.
VII. WORK SESSION:
A. DKT. #264A-1, A & P COMMUNITY BLOOD SERVICES
PARKING WAIVER, 115 FRANKLIN TURNPIKE
Mitchell Abrahams, Esq. of Cole, Shotz, Meisel, Foreman & Leonard appeared on behalf of the applicant. This is an application for a 600 sq. ft. trailer which is being donated by Joseph Sanzari Co. It will be placed in a parking lot and will take up approximately 7 parking spaces. There is a 6 month lease arrangement with one six month renewal option. The Director of Community Blood Services, Susan Meislowik stated that they might consider putting up a permanent building. This is going to be a temporary site. They require a waiver on the parking requirements that A & P had to provide.
A motion to approve the application was made by Mr. Trent and seconded by Mr. Lamster. A roll call of members present revealed 8 yes votes by Mr. Brotherton, Mr. Donigian, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean and Mr. Lamster.
B. CHRISOPHER & PATRICIA BRACKETT
352 CRESCENT AVE., MAHWAH, NJ
PETITION FOR ANNEXATION OF LAND TO THE TOWNSHIP
Lorraine Teleky-Petrella, Esq. represents the property owners Christopher and Patricia Brackett. Their post office is Wyckoff, NJ. The applicant is requesting a deannexation. The Ho-Ho-Kus Brook is the boundary line between the two municipalities. In Mahwah the property is zoned as industrial and is developed with a one family, 5 bedroom house. It is isolated and landlocked. The only access to the property is through a right-of-way off of Crescent Avenue in Wyckoff. In the back of the property there is an 8 ft. buffer which goes along the property line which isolates the property from Mahwah. The Wyckoff property is zoned residential. The sewers in Mahwah do not go onto the property. The property gets its water from a well. No potable water. Wyckoff has provided municipal services to this property, (e.g. garbage, recycling, Ambulance Corp. and Fire Dept., mail delivery). The family’s civic and social activities are historically in Wyckoff. They attend church, recreational sports, library and shopping in Wyckoff. The applicant does not see any economic harm to Mahwah. The financial impact is de minimis. This property is for sale and the owner would like to perfect the title for this purpose.
The Town will require the acreage to be finalized.
A motion to approve the application was made by Mayor Martel and seconded by Mr. Brotherton. A roll call of members present revealed 6 yes votes by Mr. Brotherton, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Crean, Mr. Lamster and 2 no votes by Mr. Donigian and Mr. Trent.
C. COMMITTEE REPORTS
1. T/A #02-2018 – ECONO TRUCK, RENEWAL, 17 FRANKLIN TPK.
The applicant agrees to correct the problems brought up at the last meeting.
2. T/A #99-2022, FOOD BY GEORGE, KING STREET, AMEND PRKG.
The applicant would like to build refrigeration outdoors on a concrete slab. There will be no parking or noise problem associated with this. The applicant is aware that they will need approvals and permits. The applicant has agreed to put up screening if necessary to control noise.
3. T/A #01-2026, PRESTIGE, 67 RAMAPO VALLEY ROAD, EXT. OF TIME
This applicant is requesting an extension in order to obtain approval from DEP. The applicant was advised that this will be the last extension approved.
A motion to approve the application was made by Mr. Trent and seconded by Mr. Crean. A roll call of members present revealed 8 yes votes by Mr. Brotherton, Mr. Donigian, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Lamster.
D. OLD/NEW BUSINESS
Boswell Engineering advised that the Gabrellian Associates application did not receive approval from NJDOT. They will be back with an amended application. The property was sold.
A motion to adjourn the meeting was made by Mayor Martel and seconded by Mr. Lamster. All in favor. The meeting was adjourned at 11:31 P.M.
These minutes were prepared by Joan Mandle
Access For All Commission | Home | General Information Section | About Mahwah | Calendar of Events | Helpful Links | News & Announcements | Photo Journal | Elected Officials | Mayor's Online Office | Township Council | Boards, Commissions & Committees | Government Representatives | Government | Bids, RFP's, RFQ's, Notice of Intent | Community Emergency Response Team (CERT) | Contacts Directory | Departments | E-Mail Subscriptions | Emergency Services | Forms Center | Frequently Asked Questions | Meeting Agendas & Minutes | Municipal Code | Senior Center | Township of Mahwah Police Department | SWIFT 911 Notification | Mahwah Museum | Mahwah Schools