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TOWNSHIP OF MAHWAH PLANNING BOARD
MINUTES

MAY 10, 2004

7:30 P.M. – SUB-REVIEW COMMITTEE MEETING


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. DaPuzzo, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Lamster, Mr. Rudolph, Mr. Roth, Mr. Donigian (8:05 p.m.)


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

II. APPROVAL OF BILLS

4/29/04 Rocciola Engineering Inc. – Traffic Study $7,701.28
for Docket No. 462 – Russo Development

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

III. APPROVAL OF MINUTES

A motion to approve the minutes of April 26, 2004 was made by Mr. Brotherton and seconded by Mr. Trent. All in favor.

IV. RESOLUTIONS

No Resolutions were presented.

V. OPEN TO THE PUBLIC

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

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

VI. PUBLIC HEARINGS

A. E-BD-239-368, 46 GREAT HALL RD., BL. 23.03 LOT 12

Notices in order.

Afram Sawmah, 47 Hamilton Lane, Edgewater, N. J. was sworn in. The applicant is looking to build a single family home on this lot.

Mike Kelly stated that they need a waiver to create slopes greater than 1:4. They are proposing slopes up to1:3. The applicant proposes to remove 52 trees and provide 13 replacement trees. There is a stream easement running across the south side of the property and Mr. Kelly recommends that it be denoted with concrete monuments where it crosses the property line and iron rods at all point of directional changes. The applicant indicated that they would agree to this.

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

Jerry Swartz, 38 Great Hall Rd. appeared before the Board. He had a concern regarding the trees on his property line. Mr. Kelly suggested the applicant show the location of these trees on the revised plan. They are to mark all trees within 10 ft. of the area to be disturbed.

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

A motion to approve this application with the condition that the Town Engineer approves the revised plan showing the trees as stated above was made by Mr. Trent and seconded by Mr. Lamster. A roll call of members present revealed 11 aye votes by Mr. Brotherton, Mr. Donigian, Mr. DaPuzzo, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Lamster, Mr. Rudolph and Mr. Roth.

B. E-BD-216-1548 – FAVA, BL. 17, LOT 21.02

Notices in order.

Bruce Whitaker, Attorney for the applicant appeared before the Board. The applicant proposes to construct a single family home on Block 17, Lot 21.02 Washington Lane.

Guy Fava, P.O. Box 725, Mahwah, N. J. was sworn in. He is the owner of the property.
Mr. Fava stated that he plans to construct the home in two phases. Phase I would be the barn and house and Phase II would be the second part of the house. The house will not have a basement. The maximum height of the barn is 20 feet. The proposal has been sent to the NJDEP and they are awaiting a response.

The revised plans dated April 13, 2004 were prepared in response to the Boswell report and meet the requirements in this report. A condition of approval would be contingent upon Boswell’s approval of these plans.

There will be a conservation area by the river.

The horses are personally owned and the barn would be subject to approval by the Board of Health and Planning Board before any horses are housed there.

The two trees along the roadway will be preserved and will be protected during construction.

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

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

Mr. Kelly stated that the applicant needs a waiver to create slopes up to 1:3 and any soil imported from outside of Mahwah has to be tested and provided with a certification that it is clean fill.

A motion to conditionally approve the application was made by Mr. DaPuzzo and seconded by Mr. Trent. A roll call of members present revealed 10 aye votes by Mr. Brotherton, Mr. Donigian, Mr. DaPuzzo, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Lamster, Mr. Rudolph and Mr. Roth. Mr. Jandris recused himself.

C. DKT. #468 CHARACIN MANAGEMENT, 11 LEIGHTON PL.
BL. 181, LOT 2

Notices in order.

Mr. Jandris recused himself.

Bruce Whitaker, Attorney for the applicant appeared before the Board. The application is for an amended site plan approval and related variance requests. The proposed 950 sq. ft. addition has 850 sq. ft. of usable space. No employees or students will be added. The purpose of the addition is to add on-site offices. They are proposing 52 parking spaces and will relocate the dumpster area.

Chuck Jandris, 25 Stone Fence Rd. is Director of Finance for Characin Management. This is a child care center with hours of operation being 7:00 a.m. to 6:45 p.m. Monday thru Friday. There are school buses on site.

Under questioning by Mr. Whitaker, Mr. Jandris stated that the additional space will be used for his office, conference room and teacher consultation area. They are reconfiguring the handicapped parking spaces to be located under the new addition which will be more beneficial to those needing these spaces.

The lighting is to be redesigned in the parking lot to reduce the impact on the neighbors.

The dumpster will be relocated to the side corner of the lot for health and safety reasons.

Peter Wells, Architect, 251 Park Ave., Park Ridge, N. J. was sworn in. He was qualified as an expert witness in the field of Architecture.

Under questioning by Mr. Whitaker, Mr. Wells described the proposed 950 sq. ft. addition.

Joseph Glembocki, P.E., McNally Engineering, 393 Ramapo Valley Rd., Oakland, N. J. was sworn in. Mr. Glembocki stated his qualifications and was accepted as an expert witness.

Under questioning by Mr. Whitaker, Mr. Glembocki stated that they are proposing 52 parking spaces which meet code requirements. The handicap spaces meet ADA requirements.

Mr. Whitaker addressed the lighting report from Boswell Engineering dated April 14, 2004. Mr. Glembocki stated that the proposed lighting is satisfactory for the child’s learning center.

Regarding the relocation of the dumpster, Mr. Glembocki stated that this location is acceptable having a 15 x 30 ft. triangle as opposed to the 30 x 30 ft. triangle. They are proposing a 6 ft. fence for this area which requires a variance.

In answer to Mr. DaPuzzo’s question regarding lighting, Mike Kelly stated that they are high on the lighting. The applicant testified that they are redoing the lighting to bring it into conformance with the town code. Mr. Whitaker stated that they can meet the requests in Boswell’s report.

Mr. Burgis stated that they are requesting some type of plantings by the dumpster to soften the area.

Mr. Kelly requested the applicant bring the dumpster area further back into the parking area and out of the site triangle as much as possible. The Engineer stated they could move it approximately 5 or 6 ft.

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

A motion to close the meeting to the Public was made by Mr. Trent and seconded by Mr. Trent.

A motion to conditionally approve the application was made by Mr. DaPuzzo and seconded by Mr. Trent. A roll call of members present revealed 10 aye votes by Mr. Brotherton, Mr. Donigian, Mr. DaPuzzo, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Lamster, Mr. Rudolph and Mr. Roth.

D. DKT. #467, BRANDYWINE HOMES

Thomas Buonocore, Attorney for the applicant appeared before the Board.

Mr. Weissman, P.E. appeared before the Board to address the revised plans marked Exhibit “A-3” Sheet 3 of 6 dated 4/21/04. They will be relocating the drainage system from the roadway right-of-way to be maintained by the homeowner’s association. This was not indicated on the plan and they will make the revision on #18 of the plan.

Mr. Buonocore questioned Mr. Weissman on the Boswell letter. The lot area will be corrected. The applicant will comply with all requests. They will also comply with the storm water management memo of April 15, 2004 and also the recommendations and the details outlined in the Malcolm Pirnie letter. They will address the issues in the Burgis report dated May 4, 2004.

Mr. Weissman stated that the cul-de-sac is not greater than 1,000 ft.

A berm along Lot 1 and 6 will be provided.

Mr. Brotherton suggested there be some type of drip watering system in the berm which is located at the north end on Lot 5. The applicant agreed.

The soil movement application is included for all lots. Plot plans need to be submitted on a lot by lot basis.

The applicant agrees to the restoration of the neighbors’ driveways within reason. Mike Kelly stated that from the Town’s standpoint they will make sure the transition between the new driveway and the old driveway is acceptable.

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

Motion to close the meeting to the Public was made by Mr. Trent and seconded by Mr. DaPuzzo. All in favor.

A motion to conditionally approve the application was made by Mr. Trent and seconded by Mr. Donigian. A roll call of members present revealed 9 aye votes by Mr. Brotherton, Mr. Donigian, Mr. Jandris, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Lamster, Mr. Rudolph and Mr. Roth. There were two abstentions by Mr. DaPuzzo and Mayor Martel.

VII. WORK SESSION

A. DKT. #471, PAPANIAN AND PAPANYAN, 146 JOHNSON AVE., BL. 38,
LOTS 1, 2 & 3, MINOR SUB-DIVISION

Richard Brady, Attorney for the applicants appeared before the Board. The applicant proposes to create 2 lots from the current existing 3 lots at the corner of Johnson Ave & Bergen Place in the R-5 zone. Both lots will be conforming.

Peter Kirch of Surveying Technologies appeared before the Board. The total parcel of the 3 existing lots comprise of 12,500 sq. ft. The proposal will create a vacant lot to the south that will be 60 x 100 sq. ft. and the existing homestead lot will have the remaining
65 x 100 sq. ft. No variances are required.

Regarding the concern from the Board of Health, Mr. Kirch stated that the utility connections to the existing house are connected to Johnson Ave. and will not interfere with the proposed construction on the vacant lot.

Mr. Kelly asked that Mr. Kirch provide the flood hazard elevation on the revised plan.

A motion to conditionally approve was made by Mr. Trent and seconded by Mr. Lamster. A roll call of members present revealed 11 aye votes by Mr. Brotherton, Mr. Donigian, Mr. DaPuzzo, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Lamster, Mr. Rudolph and Mr. Roth.

B. OLD/NEW BUSINESS

1. DKT. #462, RUSSO DEVELOPMENT LLC., MACARTHUR BLVD.

Dr. Ross gave the Board members a briefing on his meeting with Russo Development. Each member received a copy of the conditions and amendments agreed to at this meeting of 5/5/04. The applicant will be filing an amended site plan subject to Board approval. Two of the main concerns were the left hand turn into the site and hours of operation. The Board cannot control the hours of operation since there is no ordinance in place.

Mr. Scandariato explained to the Board members the reason for the amended site plan and the applicant’s desire not to take this matter to the Superior Court. They would like to reopen the public hearing, give new testimony and address the concerns of the Planning Board and the neighbors. They will have to re-notice.

Mr. Kelly stated that the left hand turn signal is DOT’s jurisdiction.

After a lengthy discussion, Mr. DaPuzzo made a motion for the Board to hear the applicant’s request for reconsideration of their modified plan and seconded by Mr. Jandris. A roll call of members present revealed 9 aye votes by Mr. Brotherton, Mr. Donigian, Mr. DaPuzzo, Mr. Jandris, Dr Ross, Mr. Crean, Mr. Lamster, Mr. Rudolph and Mr. Roth. There was 1 nay vote by Mr. Trent and 1 abstention by Mayor Martel.

2. PROPOSED SOIL ORDINANCE CHANGE

Mr. Kelly stated that he was asked by the Township to look into the soil ordinance and see if there are any recommended revisions. There have been many applications for additions and pools which are creating additional impervious area which is not being contained on the property. These applications were going through as exempt. There is a conflict in the code that states that pool applications are exempt. However, another part of the ordinance states that if you are creating any additional impervious area a full application is needed. Mr. Kelly indicated there is a need for clarification of this ordinance. He is recommending that in ground pool applications not be considered exempt and additions that are greater than a certain size be considered non-exempt applications.

Mr. Kelly stated that there have been numerous complaints from neighbors indicating that they are having more run off. This could be remedied simply by adding seepage pits.

Mr. Kelly also proposed that the fees be increased to cover the cost of the Engineering fees. They will increase from $700.00 up to $2,000.00.

Mr. Kelly is going to discuss this ordinance with Gary Montroy.

Dr. Ross stated that the Board would discuss this ordinance and make a decision at a later date.

3. NEW SCHEDULED MEETING DATES

Ms. Winokur presented the Board with the new scheduled meeting dates for the year
July 1, 2004 thru June 30, 2005. These dates were acceptable to the Board members.

C. COMMITTEE REPORTS

1. T/A 04-2008, VAN NATTA MECHANICAL, 25 WHITNEY RD., BL. 173
LOT 149

A motion to conditionally approve was made by Mr. Trent and seconded by Mr. Lamster. A roll call of members present revealed 11 aye votes by Mr. Brotherton, Mr. Donigian, Mr. DaPuzzo, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Lamster, Mr. Rudolph and Mr. Roth.


A motion to adjourn was made by Mr. Trent and seconded by Mr. Crean. All in favor.
Meeting was adjourned at 10:00 p.m.





These minutes were prepared by Rosalie DeMartino.







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