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TOWNSHIP OF MAHWAH PLANNING BOARD
MINUTES
AUGUST 25, 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, Mr. DaPuzzo, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean.

ABSENT: Mr. Jandris, Mr. Lamster.

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

II. APPROVAL OF BILLS

None

III. APPROVAL OF MINUTES

Page 1: Delete Malcolm Kasler, P.P. from the professionals listing. Delete Peter Scandariato, Esq. from the professionals listing and add Mr. LoDato, Esq.

A motion to approve the minutes of the August 11, 2003 meeting as amended was made by Mr. DaPuzzo and seconded by Mr. Trent. Mr. Donigian abstained. All in favor.



IV. RESOLUTIONS:

FROM 7/28/03 MEETING

A. DKT. 264A-1, A&P COMMUNITY BLOOD SERVICES, PARKING
WAIVER, 115 FRANKLIN TPK.

Boswell Engineering stated that the trailer size should be 12 ft. x 50 ft.

A motion to approve the resolution as amended was made by Mr. Brotherton and seconded by Mr. Donigian. 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 six (6) yes votes by Mr. Brotherton, Mr. Donigian, Mayor Martel, Dr. Ross, Mr. Trent and Mr. Crean. Mr. DaPuzzo abstained

B. T/A #99-2022, FOODS BY GEORGE, AMENDED TENANT APPL.
C. T/A #01-2026 PRESTIGE MOTORS INC., EXT. OF TENANT APPL.
E. CHRISTOPHER AND PATRICIA BRACKETT, PETITION FOR
ANNEXATION OF LAND

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

A roll call of members present revealed six (6) yes votes by Mr. Brotherton, Mr. Donigian, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean. Mr. DaPuzzo abstained.

D. T/A #02-2018, ECONO-TRUCK BODY AND EQUIPMENT, EXT. OF
TENANT APPL.

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

A roll call of members present revealed six (6) yes votes by Mr. Brotherton, Mr. Donigian, Mr. DaPuzzo, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean.

V. OPEN TO THE PUBLIC

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

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

VI. PUBLIC HEARINGS:

A. BD-216-1461, AREH, 805 DARLINGTON AVE. SOIL

Andy Delvecchio, Esq. appeared on behalf of the applicant. This application was presented at a prior meeting. The Board requested additional time to make inquiries from DEP.

Boswell Engineering contacted the DEP and was advised that based on the best information available at the time the DEP did their study, they required it to be intermediate resource value and a 50 ft. transition area. DEP stated that the Town would have to demonstrate threatened or endangered species if the Town wants the DEP to overrule their decision.

The applicant was asked if “now that we have this knowledge would the applicant present to the DEP that the Darlington Brook has exceptional value?” The applicant stated “No. We have submitted an application to the DEP, the application has been prosecuted, a decision has been made by the DEP and we have valid permits in hand. We don’t make any exception to those permits so we have no reason to go back to the DEP.” The applicant does not agree that the entire Darlington Brook is exceptional resource value.

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

Debbie McGuire, 815 Darlington Ave., Mahwah said she is right next to the subject property. She has spent hours on the phone with DEP. She was informed that the stream is definitely exceptional value. The DEP stated that the Town would have to appeal to the DEP.

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 approve the application was made by Mr. Trent and seconded by Mr. DaPuzzo. A roll call of members present revealed seven (7) no votes by Mr. Brotherton, Mr. Donigian, Mr. DaPuzzo, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean.

A motion to deny the application was made by Mr. DaPuzzo and seconded by Mayor Martel. A roll call of members present revealed (7) yes votes by Mr. Brotherton, Mr. Donigian, Mr. DaPuzzo, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean.

B. BD-216-1500-1, 10 ACRES LLC, 114 FARDALE AVE. SOIL

David Becker, Esq. of Jeffer, Hopkinson and Vogel appeared on behalf of the applicant. This is an application for a soil movement permit for 122 Fardale Avenue, Block 162, Lot 229. In November of the past year they applied for a three lot residential subdivision which was approved. Lot 229.07 requires soil movement approval.

Notice was in order.

Lot 229.07 has a net fill of 2,700 c.y. in order to construct and back fill the foundation. The applicant wants to raise the grade. In the back of the property there is transitional grading.

They have received the following approvals:

DEP Wetlands Buffer Averaging
Bergen County Soil Conservation
Waiver from the Bergen County Planning Board for Subdivision
Mahwah Planning Board subdivision

The applicant will be removing two trees by the driveway. Seepage pits are proposed for roof drains. DEP has approved the sewer connections.

Boswell stated that the applicant must be made aware that if the fill is from outside of Mahwah it will have to be certified free from contamination. The applicant needs to demonstrate a zero increase in the rate of runoff and that the seepage pits have adequate capacity for roof run off.

The applicant will be required to erect an orange snow fence at the transition area line and place metal iron markers around the transition area.

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. 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 seven (7) yes votes by Mr. Brotherton, Mr. Donigian, Mr. DaPuzzo, Mayor Martel, Dr. Ross, Mr. Trent and Mr. Crean.

C. DKT. #450, OMNIPOINT - OFF TO 9/22/03

D. DKT. #455, WOODCLIFF LAKE DEV.

Thomas Van Dam, Esq. appeared on behalf of the applicant.

There is an issue as to whether or not the applicant will be hooking up to the Phase IV sanitary sewer lines and whether the Township will be assessing this property the cost of the sewer. Between now and the next meeting the Board and applicant will get a more definitive answer.

The revised plan has two major changes a reduction in the number of lots by one and a reorientation of the roadway access point on Campgaw.

Mr. Schlesinger stated that before they undertake the engineering of a new plan they would like to see if the road pattern is acceptable to the Board. Overall there will be a reduction in the buffering averaging. Lots 5 and 10 were minimally affected. The other lots have gotten better.

The applicant stated that it has achieved a safer plan and less impact to the environment.

Cul-de-sacs as opposed to through roads were discussed.

They will be providing a new submission to DEP for buffer averaging.

Bob Buelow, 141 Duffy Drive, Allendale, NJ was sworn in and accepted. Mr. Buelow is a sound engineer. His report was marked Exhibit “A-12”. He stated that having the proper berm or barrier will typically give a 15 db reduction. At the end of Fike Road there is a 22 ft. berm and when he did his assessment there was a 15 db reduction. He stated that different things will give you a reduction. A barrier or berm that breaks the line of sight will give you a 5 db reduction. In summary one of the two systems proposed, berm or barrier, would reduce the db. He stated that they would not be able to have a 65db at all levels.

Mr. Donigian stated that there was concern about the noise issue due to the loss of 676 trees even though the applicant is committed to provide 115 new trees which will be much smaller. The concern is the neighborhood on the other side of Campgaw Road.

Mr. Buelow stated that the applicant has an obligation to build a berm or barrier which will overshadow the removal of trees.

Boswell Engineering stated that we could direct the applicant to prepare a noise evaluation study based on proposed conditions taking into consideration evaluation of the roadway, evaluation of proposed houses and the existing house on the other side of Campgaw Road in accordance with standard noise evaluation practices.

Readings at different places were discussed.

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

Gerald Salemi, 6 Meadowlake Drive, Mahwah, NJ stated that a lot of trucks traveled between 11:00 p.m. and 1:00 am and between 8:00 a.m. to 9:00 a.m. and requested that a reading be taken at these times.

Robert Ambrose, 23 Windsor Terrace, Mahwah, NJ asked if any readings were taken on the east side of Campgaw Road. Answer – No. He asked when the readings were taken. Answer – July 10.

Barbara Laidman , 34 Glenmere Terrace, Mahwah, NJ stated that it seemed to her that they have created a corridor. She was advised that the Police Dept. requested a straight road.

Joe Patruci, 35 Windsor Terrace, Mahwah, NJ asked the noise expert whether he would have more or less noise when this is done. Mr. Buleow stated there would not be great deal of difference. Possibly a little less.

Pat Santangelo, 17 Meadowlake Drive, Mahwah, NJ asked how a berm would help her. Her home faces I-287 and they have a three story house that needed to be built up due to the water table. He stated that they would be building a berm on the other side of Fike which should be better than the trees.

Cindy Regino, Beverly Place, Mahwah, NJ asked whether they are just putting in a dirt berm or whether there will be trees on top. Answer – no trees will be on top.

Barbara Wells, 10 Glenmere Terrace, Mahwah, NJ stated that right now they can live with the noise. Her concern was whether the noise would be louder. She stated that if the noise level goes up it would be detrimental.

David Sloter, 54 Eileen, Mahwah, NJ asked if the Town would bring in its own noise experts. This cannot be answered at this time but it is a possibility.

Mike Beatrice, 1 Glenmere Terrace, Mahwah, NJ stated that there are other things that have to be done to bring the noise levels down.

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

This matter was carried to the meeting of October 13, 2003.

VII. WORK SESSION

A. COMMITTEE REPORTS

1. T/A-02-2018A FACT DIR. BUS SALES, 17 FRANKLIN TPK.

A motion to grant approval was made by Mr. Trent and seconded by Mr. Crean. A roll call of members present revealed seven (7) yes votes by Mr. Brotherton, Mr. Donigian, Mr. DaPuzzo, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean.

2. #03-010-T-TRAILER 341 FRANLIN TPK., FRANKLIN TPK.
CONSTRUCTION

A motion to grant approval was made by Mr. Trent and seconded by Mr. Crean. A roll call of members present revealed seven (7) yes votes by Mr. Brotherton, Mr. Donigian, Mr. DaPuzzo, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean.

3. #03-011-T-TRAILER, 5 TRELLIS CT., FRANKLIN TPK.
CONSTRUCTON

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


A motion to adjourn the meeting was made by Mr. Trent and seconded by Mayor Martel. All in favor. The meeting was adjourned at 10:30 P.M.





These minutes were prepared by Joan Mandle



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