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TOWNSHIP OF MAHWAH PLANNING BOARD
MINUTES

APRIL 26, 2004


1. OPENING STATEMENT

The combined public/work session meeting of the Planning Board of the Township of Mahwah, held at the Municipal Building, 475 Corporate Dr., Mahwah, N.J. 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, N.J. Copies of the recording may be purchased for a fee.

PRESENT: Mr. Brotherton, Mr. Donigian, Mr. Jandris, Dr. Ross, Mr. Trent, Mr. Lamster, Mr. Rudolph and Mr. Roth.

ABSENT: Mr. DaPuzzo, Mayor Martel, Mr. Crean

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

II. APPROVAL OF BILLS

None

III. APPROVAL OF MINUTES

The following wording is to be added to page No. 3 for Dkt. #467, Brandywine Homes, LLC:

The applicant agreed to install a berm along the south side of the Subdivision to prevent storm water runoff onto adjacent properties.

A motion to approve the minutes of April 12, 2004 as amended was made by Mr. Brotherton and seconded by Mr. Jandris. All in favor

IV. RESOLUTIONS

FROM 1/26/04 MEETING

1. DKT. #464, DEVINE MINOR SUBDIVISION

Mike Kelly requested that Paragraphs 5 & 9 be removed from the Resolution

2. DKT. #465, SWISHER MINOR SUBDIVISION

A motion to conditionally approve the Resolutions was made by Mr. Trent and seconded by Mr. Brotherton. A roll call of eligible members revealed 6 aye votes by Mr. Brotherton, Dr. Ross, Mr. Trent, Mr. Lamster, Mr. Rudolph and Mr. Roth.

FROM 2/9/04 MEETING

1. DKT. #417, MORALETTA EXTENSION OF MINOR SUBDIVISION
APPROVAL
2. TA-001T MACARTHUR RIDGE LLC, TRAILER PERMIT

A motion to conditionally approve the Resolutions was made by Mr. Brotherton and seconded by Mr. Trent. A roll call of eligible members revealed 8 aye votes by Mr. Brotherton, Mr. Donigian, Mr. Jandris, Dr. Ross, Mr. Trent, Mr. Lamster, Mr. Rudolph and Mr. Roth.

FROM 3/8/04 MEETING

1. DKT. #405, CLEYMORE LLC., EXTENSION OF PRELIMINARY SITE
PLAN
2. TA002-2018, ECONO-TRUCK BODY & EQUIPMENT – TENANT
APPLICATION EXTENSION
3. E-BD-216-239-332, PETER MARGONIS – RIO VISTA ESTATES

A motion to conditionally approve the Resolutions was made by Mr. Trent and seconded by Mr. Roth. A roll call of eligible members revealed 6 aye votes by Mr. Donigian, Mr. Jandris, Dr. Ross, Mr. Trent, Mr. Rudolph and Mr. Roth.

FROM 3/22/04 MEETING

1. DKT. #131-F-7B, DARLINGTON ASSOC. AMENDED PRELIMINARY
AND FINAL SUB. APPROVAL (PHASE 7B)
2. TA04-2002, C & M LANDSCAPE CONTRACTORS, INC., - TENANT APP.
3. TA04-2003, PARAGON FEDERAL CREDIT UNION – TENANT APP.
4. TA04-2004, IKOHE, IN. – TENANT APP.
5. TA04-002T, POTENZA – TRAILER PERMIT

A motion to conditionally approve the Resolutions was made by Mr. Trent and seconded by Mr. Roth. A roll call of eligible members revealed 6 aye votes by Mr. Jandris, Dr. Ross, Mr. Trent, Mr. Lamster, Mr. Rudolph and Mr. Roth.

FROM 4/12/04 MEETING


1. E-BD-216-239-370, THE SWAN GROUP, PLOT PLAN AND SOIL
MOVEMENT PERMIT
2. TA04-2005 – ITW TEXWIPE – TENANT APPLICATION
3. TA04-2006 – LORENZO LANDSCAPE AND DESIGN
4. TA04-2007 - MOXELL TECHNOLOGY, INC. TENANT APPLICATION

A motion to conditionally approve the Resolutions was made by Mr. Brotherton and seconded by Mr. Trent. A roll call revealed 7 aye votes by Mr. Brotherton, Mr. Donigian, Mr. Jandris, Dr. Ross, Mr. Trent, Mr. Lamster and Mr. Rudolph.

V. OPEN TO THE PUBLIC

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.

VI. PUBLIC HEARINGS

A. DKT. #462 – RUSSO DEVELOPERS

Robert Ritter, Esq., Richard Berger’s partner, appeared on behalf of the applicant.

Mr. Lapatka appeared before the Board to address the traffic issues and the revisions made to the plan dated 4/7/04. Regarding the North Central Ave driveway they widened the radii in response to the concerns of the Traffic Engineer. Since this will be a compound curve, the maximum allowed by code is 45 ft. and they are proposing a combination of 30 ft. and 110 ft. they will need waivers for the curb radii on both sides of the driveway. They will also need a waiver for the proposed driveway opening of 140 ft.

They have also revised the Macarthur Drive driveway on the east side closest to Rte. 17. They are proposing a curb that has a compound radius of 60 ft., 180 ft., 15 ft.

There was a revision to the proposed parking lot in the southeast corner of the site. To eliminate the variance for a high retaining wall between the curb and the property line they are proposing a tiered retaining wall. They reduced the parking count by 10 making the proposed parking spaces 780.

The buildings have been reduced in size by 4,001 sq. ft.

Mr. Lapatka stated that they met with the DEP and requested that they provide a formal letter approving the future parking without the parking garage.

Mr. Lapatka indicated that they revised the location of some light poles in response to the revised curb location. The applicant has agreed to provide any shielding on lights as needed. In response to the Police Department’s concern with light spillage onto Macarthur Blvd. Mr. Lapatka is asking for a waiver because they feel it is important to be able to see the driveway at night.

Regarding Boswell’s report of April 22, 2004, they will provide for spot elevations along the stretch of retaining wall in the southeast portion of the site.

Dr. Ross asked about the possibility of the applicant cutting the building back by enough feet to have an adequate turn radius for a 53 ft. tractor trailer and fire equipment. His concern is that 24 feet for a 53 foot trailer is not enough space. In response to the Board’s concerns, Mr. Russo stated that the width of the driveway meets the minimum width requirement of the ordinance and feels there is adequate space for trucks to maneuver. He does not feel this is a safety issue.

Kenneth Newman, Traffic Engineer was previously sworn in. He addressed the issues from the last meeting regarding traffic on Macarthur Blvd. and North Central Ave. He stated that he took a 2 hour count on March 24th 7a.m. to 9 a.m. at the Frost King driveway. In the peak hour there were 6 left turns out of Frost King and only 1 was a truck. After some evaluation, Mr. Newman stated that it was agreed that it would be better to leave the left turn lane into the site as designed. He also stated that they do not feel there would be any conflicts between traffic entering the site and traffic departing Frost King. Overhead signage will be provided and is a part of the intersection design plan and not the site plan. This design is currently under review by the NJDOT.

Mr. Burgis addressed his memo of April 21, 2004. Regarding his suggestion regarding the future parking plan on the southerly side of Building B, Mr. Lapatka replied that they would provide an island.

Mr. Burgis stated that the applicant is in excess of the maximum permitted average foot candle for the parking lot. The code permits a 1.5 average foot candle and the design shows a 2.3 foot candle.

Joseph Spataro, Architect for the applicant appeared before the Board and was previously sworn in. He stated that the loading docks have not changed from the original submission through this submission. They are seeking an approval for a site plan that reflects a lower car parking count and a higher loading dock count because of the zoning and what they perceive as being the intended user.

Mike Kelly commented on the possibility of putting a light at the Macarthur Blvd. entrance. The DOT has indicated that it would not be necessary. Mr. Kelly suggested that when the applicant goes to the DOT the recommendation be made that the DOT again look into the possibility of putting a light at that location.

The applicant is proposing sidewalks on Macarthur but not on North Central. Mr. Kelly suggested the applicant post money in the sidewalk bank in the event the sidewalks are needed.

Scott Koening addressed Plan #3 entitled Landscaping Plan showing regarding in buffer on west side (400 ft. x 30 ft. deep). Any tree plantings placed in close proximity to driveways will be trimmed to clear any site triangle.

In response to the Fire Prevention report dated 4/15/04, Mr. Lapatka stated that the applicant’s Mechanical Engineer reviewed the water requirements for the building. His letter of April 26, 2004 states that the water main to the site shall be a 10 inch diameter water main and the building connections will be 8 inch in diameter.

Mr. Newman addressed the concern of the Police Department regarding the U Turn. The existing U Turn as well as the proposed U Turn is signed for “No Trucks”. His calculations showed that the design for automobiles only will be acceptable without the need to encroach on the far side.

Mr. Burgis read the ordinance regarding lighting in the parking lot. The ordinance states that the intensity in foot candles that shall be provided in parking lots should average 1.5 foot candles throughout. The landscaping plan indicates the average foot candle throughout the parking lot is 2.3. Dr. Ross asked that they comply with the ordinance of 1.5 foot candles. The applicant will comply.

In response to Mr. Brotherton’s concern regarding buffer landscaping, the applicant agreed to install the buffer area improvements as soon as practicable after start of construction.

The applicant is requesting a variance for signage. Mr. Spataro stated that it is necessary to have multi signage in order to lead people into the property, then to the various buildings and then to the various tenant spaces. Dr. Ross stated that they can design these signs but must be approved by the Board. The Board would like to control the size of the signs.

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

Karl Kreshpane, 33 Swan Road appeared before the Board. He is representing 19 homes.
He asked about the height of the tree line being planted as a screening. Mr. Koenig answered by stating that the evergreen heights vary from 6 to 10 ft. and spaced 10 to 12 ft. on center. Dr. Ross suggested they have 2 rows staggered.

Mr. Kreshpane also had questions regarding the lighting stanchions. He wanted to know the hours of operation. His concern was having trucks going in and out of the site at all hours of the day and night. There was a discussion regarding the noise ordinance and truck idling hours of operation. The Board will look into this ordinance. Mr. Russo stated that they have never placed a limit on the hours of operation for any of their tenants. If a problem arises the applicant agreed to address the concern as best they can but cannot agree to limit their hours of operation.

Mr. Scandariato told the Board that they do not have the jurisdiction to regulate the applicant’s hours of operations. The applicant will have to comply with all noise ordinances and Board of Health truck idling ordinance.

Mr. Koenig referred to the site plan showing the placement of the loading docks. The applicant has stated that he has designed the buildings in order to keep these loading docks as far away from the residential area as possible. All the loading docks can be reached without trucks traveling near the residential areas. The applicant will put up signs to direct truck traffic.

Steven Hoenig, Esq. representing Dennis Falbe appeared before the Board. He referred to the Russo Development in comparison to the Gabrellian Application. This application is much larger and Mr. Hoenig feels more should be done to protect the residents such as maximum screening and lose two bays.

A motion to close the meeting to the Public was made by Mr. Lamster and seconded by Mr. Donigian. All in favor.

Mr. Rocciola, Traffic Engineer for the Board, stated that the new intersection improvements that are proposed as part of this project at North Central and Macarthur will significantly reduce the amount of queuing. There was a discussion regarding eliminating the left hand turn unless it could be signalized. Mr. Rocciola stated that it would be a benefit to have a signal at that left turn.

It was mentioned many times about reducing the size of the building and Mr. Russo responded by telling the Board that their building is 2/3 of the size that they are allowed to build by ordinance and that any variances needed have nothing to do with the size of the building.

In answer to Mr. Roth’s question regarding the Board’s jurisdiction over the left hand turn, Mr. Scandariato stated that it would be considered an on-tract improvement.

The applicant stated that the reduction of the size of the building does not change the footprint. It was an internal design reduction.

A motion to deny the application based on safety concerns and the fact that there are many unanswered questions was made by Mr. Donigian and seconded by Mr. Jandris. A roll call of members present revealed 7 aye votes by Mr. Donigian, Mr. Jandris, Dr. Ross, Mr. Trent, Mr. Lamster, Mr. Rudolph and Mr. Roth and 1 nay vote by Mr. Brotherton.

VII. WORK SESSION

A. PRD4 ZONING REGULATIONS

A motion for Mr Burgis to examine and clean up the PRD4 Zone Regulations which would require 6 to 8 hrs. was made by Mr. Trent and seconded by Mr. Brotherton. A roll call revealed 8 aye votes by Mr. Donigian, Mr. Brotherton, Mr. Jandris, Dr. Ross, Mr. Trent, Mr. Lamster, Mr. Rudolph and Mr. Roth.

B. SOIL ORDINANCE

Mike Kelly’s recommended changes to the soil ordinance will be added to the next week’s packets and discussed at the next meeting.

A motion to adjourn was made by Mr. Trent and seconded by Mr. Roth. Meeting was adjourned at 11:03 p.m.











These minutes were prepared by Rosalie DeMartino.







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