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TOWNSHIP OF MAHWAH PLANNING BOARD
MINUTES

JULY 26, 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 Drive, 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.

PRESENT: Mr. J. Kelly, Mr. Jandris, Dr. Ross, Mr. Trent, Mr. Crean, Mr. DaPuzzo (9:00), Mr. Lamster, Mr. Rudolph, Mr. Donigian

ABSENT: Mr. Brotherton, Mayor Martel.

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

II. APPROVAL OF BILLS

No bills were presented for payment

III. APPROVAL OF MINUTES

A motion to approve the Re-Organization Meeting minutes of July 12, 2004 was made by Mr. Donigian and seconded by Mr. Jandris. All in favor.

The following is to be added to the minutes of the July 12, 2004 Regular Meeting.

Page 4 – Last Paragraph: Mr. Donigian asked “Is it required to be sent to the Historic Commission?” Mr. McCabe answered “No”. Dr. Ross feels that the applicant should be asked to be present and maybe the Planning Board should provide a recommendation regarding this.

A motion to approve the minutes of July 12, 2004 as amended was made by Mr. Donigian and seconded by Mr. Trent. All voted in favor.

IV. RESOLUTIONS

FROM 5/24/04 MEETING

1. #T04-003T- TRAILER PERMIT, LEONARD BUILDERS, 44 BRAMSHILL
DRIVE – DENIAL

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

FROM 6/14/04 MEETING

1. #TA-04-2012 – TELECOM SUPPORT SPECIALISTS, 777 CORPORATE
DRIVE.

A motion to conditionally approve the Resolution was made by Mr. Trent and seconded by Mr. Jandris. A roll call of eligible members revealed 5 aye votes by Mr. Jandris, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Rudolph.

FROM 6/28/04 MEETING

1. #TO-004T, TRAILER PERMIT- SUBURBAN CAPS, INC., 380 RT. 17 SO.
2. #TA-04-2014, COMMUNICATIONS TECHNOLOGY, 55 WHITNEY RD.
3. #TA-04-2015, NOBLE BIOCARE USA, INC., 800 CORPORATE DR.

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

FROM 6/14/04 MEETING

1. DKT. #474, CENTER FOR FOOD ACTION, RIDGE RD., BL. 135,
LOTS 50 & 54.
2. ADOPTION OF ORDINANCE NO. 1482

A motion to conditionally approve the Resolutions was made by Mr. Jandris and seconded by Mr. Trent. A roll call of eligible members revealed 5 aye votes by Mr. Jandris, Dr. Ross, Mr. Trent, Mr. Crean and Mr. Rudolph.

V. OPEN TO THE PUBLIC

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

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

VI. WORK SESSION


A. DKT. #446-WEHRAN, 730 RAMAPO VALLEY RD.-MINOR
SUBDIVISION

Mr. Wehran appeared before the Board.

The applicant is requesting a two lot subdivision. The existing home will be sold and a new home will be constructed for the Wehran’s occupancy.

Mr. M. Kelly stated that the applicant needs a waiver for lot lines which are not at right angles or radial to the street. An individual soil and plot plan will be required for the proposed dwelling.

Mr. M. Kelly also requested that the applicant provide testimony on their plans for the ruins which are located in the front yard. Mr. M. Kelly corrected #7 in his report stating that the applicant will not need a variance if the structure is to remain in the front yard since it is less than 1000 sq. ft. Mr. Wehran stated that he has no plans to do anything with them. Ms. Winokur and John Lane visited the site. Ms. Winokur described the ruins and stated that, in her opinion, it is not an accessory structure.

Dr. Ross informed the applicant that if they decided to do anything with these ruins, they will have to again appear before the Planning Board.

Under questioning by Mr. M. Kelly, Mr. Wehran stated that the culvert under Route 202 is in the right of way and is the County’s obligation for maintenance and repair.

Mr. Burgis questioned the gravel driveway from the existing house across the proposed lot line into the other lot. Mr. Wehran stated this driveway will be terminated.

Peter Kirch with Surveying Technologies stated that the Lot number should be noted as 11.01 and not Lot 11.

A motion to approve was made by Mr. Trent and seconded by Mr. Donigian. A roll call of members present revealed 8 aye votes by Mr. J. Kelly, Mr. Jandris, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Lamster, Mr. Rudolph and Mr. Donigian.

VII. PUBLIC HEARINGS

A. DKT. #469, HASCO, BLOCK 173, LOT 122 – PRELIMINARY AND
FINAL SUBDIVISION

Public Hearing carried to August 23, 2004.

B. DKT. #473, ROWAYTON PROPERTIES, MAJOR SUBDIVISION
BLOCK 109, LOTS 4 & 5.

Notices in Order. Applicant must re-notice for soil movement application.

Harold P. Cook, III, Esq. appeared on behalf of the applicant.

Thomas Donohue, 34 Prospect St., Waldwick was sworn in. Mr. Donohue stated his credentials and was accepted as an expert witness in the field of civil engineering.

Under questioning by Mr. Cook, Mr. Donohue gave a brief overview of the project. There are to be 7 lots which will have 6 new dwellings and 1 existing dwelling to remain on proposed lot 5. Presently there are 2 existing dwellings and one is to be removed.

The applicant is requesting the following waivers: There are no sidewalks along Airmount Rd. and the applicant is asking for a waiver for the new cul-de-sac. They are proposing a cul-de-sac tangent to the left side where the right side is required. The applicant proposes slopes up to IV:3H in the vicinity of the detention basin where IV:4H is required.

The applicant is proposing a radius of 48 feet on the cul-de-sac right-of-way where 50 feet is required.

Dr. Ross indicated to the applicant that they have to replace 9 trees beyond the street trees.

Mike Kelly indicated that they would prefer curbing rather than a grass swale along the frontage of all the properties. Dr. Ross stated that the Planning Board would also prefer curbing. The applicant agreed to Belgian Block.

The applicant will contribute to the sidewalk bank and the amount is to be worked out with the Engineer.

In answer to Mr. Donigian’s questions, the applicant agrees to upgrade the water line from a 6 inch to an 8 inch. They also agree to supply the information to the township regarding drainage within 500 ft.

Mr. Donigian asked for clarification on whether or not a second hydrant is required by the Fire Department.

Mr. Crean questioned the tree removal plan. Mike Kelly requested that the applicant show all trees that are to be removed.

The applicant agreed to the requests made by Mike Kelly. Mr. Kelly stated that the town prefers a Home Owner’s Association be responsible for the maintenance of the detention basin. The applicant agreed to this.

Bruce Bahuny, 202 E. 75th St., New York was sworn in. He described the proposed homes to be constructed on this site.

Michael D. Kaulker, P.P., 356 Franklin Ave., Wyckoff was sworn in. He was accepted as an expert witness. Mr. Kaulker described the waivers requested.

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

Don Simpson, 132 Airmount Rd. appeared before the Board. He had concerns about water on his property from the new development. Mr. M. Kelly will check on the easement and bring in a report for the next meeting.

In answer to Mr. DaPuzzo’s comments, Mike Kelly stated that in accordance with RSIS they need to reduce the rate of runoff from the site for a subdivision. The rate of the water leaving the site will be less intense.

James Farilis, 130 Airmont Ave. appeared before the Board. He also voiced his concerns about water and the 48 ft. right-of-way.

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

Public Hearing is continued on August 9, 2004.

C. DKT. #475, WHITNEY RD., LLC., 50 WHITNEY RD. – PRELIMINARY
AND FINAL SUBDIVISION.

Harold P. Cook, III, Esq. appeared on behalf of the applicant.

Robert Weissman, P.E., 686 Godwin Ave., Midland Park was sworn in. The applicant is proposing the structure of a single story warehouse building on the southerly end of the Whitney Rd. cul-de-sac. The warehouse will consist of mini storage areas ranging from 2000 to 3000 sq. ft. for leasing purposes. Mr. Weissman described the existing non-conformities on the lot which is in the GI-80 zone.

The total proposed square footage of the building of 32,622 sq. ft. requires 131 parking spaces and the applicant is proposing 138 spaces.

Mr. Weissman described the ingress and egress and stated they will be installing signs and use painted arrows on the pavement to direct traffic.

Mr. Weissman stated they will comply with the request of the Fire Dept. Superintendent regarding sprinklers in the building, fire hydrants and striping for fire zone.

Each unit will have access by a garage door and a pedestrian door.

Mr. Weissman reviewed the Boswell’s Report of July 22, 2004. He addressed the non-conformities noted in #9, Page 3 & 4. He also stated that the applicant agrees to provide 5 handicap spaces. They will comply with Site Plan requests and are requesting a waiver for slopes up to IV:2H. Mr. Weissman stated the applicant would eliminate some spaces to provide islands if the Board requests this. They will provide information pertaining to retaining walls.

Mr. Weissman described the proposed landscaping. They will provide heavy screening to buffer the residential area. The applicant will provide a landscaping plan.

Mr. Jandris requested the applicant use shielded poles on the residential end of the property. The applicant will provide a lighting plan.

Mr. Burgis had concerns regarding the loading zones with respect to the safety factor. Mr. DaPuzzo suggested that the parking spaces in front of the garage doors on the south side of the building be wider than the additional parking spaces to resemble that of a loading zone. Mr. Weissman said they could do this.

Mr. Weissman stated that they would agree to a condition of approval to have signage directing trucks to back into the stalls.

Mr. DaPuzzo reviewed the Boswell Report again to clarify some of Mr. Weissman’s answers. With reference to the Retaining walls, Mr. M. Kelly asked if the applicant could tier the walls to meet the 6 ft. The applicant agreed to this which eliminates the variance. Mr. DaPuzzo indicated that slopes up to IV:3H would be a standard granting by the Board.

Mike Kelly requested Mr. Weissman provide the distance from the proposed exit to the driveway for the property to the east to be shown on the plan. He would also like a copy of the stream encroachment easement.

Mr. Robert Rogers, Fair Lawn, N. J. was sworn in. He stated his credentials and was accepted as an expert witness as an Environmental Specialist. Mr. Rogers stated that an L.O.I. is not required since there is an absence of wetlands on the site. He inspected the site, took a soil boring at the lowest point and saw no evidence of wetlands.

Bill Brown, Architect, 241 Madison Ave., Wyckoff, N. J. was sworn in. He stated his credentials and was accepted as an expert witness. Mr. Brown described Sheet 1 dated
July 13, 2004 which is the 15 unit building. The bay garage doors will be 10 ft. x 10 ft. and Mr. DaPuzzo indicated that a standard box truck is higher than 10 ft. and it would not be feasible to back a truck into the garage as previously testified. In answer to Mr. DaPuzzo’s question, Mr. Brown stated that it would be possible to put in 10 ft. x 12 ft. garage doors.

Roy Labasco, 719 Cheyene Dr., Franklin Lakes, N. J. was sworn in. He is the applicant, builder and developer. Mr. Labasco stated that it is his plan to condo these units and sell them to individual contractors or small construction companies.

Mr. Labasco stated that he would have no problem having a 12 ft. high door as opposed to the original 10 ft. door.

There was a discussion regarding trucks being able to maneuver around the site. One suggestion was to put the parking against the building and making the parking spaces in front of each of the garage doors a little wider.

Mr. M. Kelly will have their environmental specialist look at the site. Mike Kelly stated that he was unaware of the Ho-Ho-Kus Brook being considered for a Category I status and a 300 ft. buffer and will look into this.

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

A motion to close the meeting to the Public was made by Mr. J. Kelly and seconded by Mr. Rudolph. All in favor.

Public Hearing is continued on August 23, 2004.

VIII: WORK SESSION

A. COMMITTEE REPORTS

1. T/A#04-2019 – JAVA’S BREWIN, 164 FRANKLIN TURNPIKE

A motion to conditionally approve was made by Mr. Trent and seconded by Mr. Crean. A roll call of members present revealed 9 aye votes by Mr. J. Kelly, Mr. Jandris, Dr. Ross, Mr. Trent, Mr. Crean, Mr. DaPuzzo, Mr. Lamster, Mr. Rudolph and Mr. Donigian.

2. T/A#04-2021 – FOOTSTAR CORPORATION, 91B MCKEE DR.
3. #04-005T – TRAILER APPLICATION, LINCOLN TECH, 70 MCKEE DR.

A motion to deny the above two applications was made by Mr. Trent and seconded by Mr. Crean. A roll call of members present revealed 9 aye votes by Mr. J. Kelly, Mr. Jandris, Dr. Ross, Mr. Trent, Mr. Crean, Mr. DaPuzzo, Mr. Lamster, Mr. Rudolph and Mr. Donigian.

B. OLD/NEW BUSINESS

1. ORDINANCE NO. 1482 – PROVISION FOR A NEW DEFINITION FOR
LOT DEPTH.

Dr. Ross asked for the Board’s approval to pass on to Council. A roll call revealed 9 aye votes by Mr. J. Kelly, Mr. Jandris, Dr. Ross, Mr. Trent, Mr. DaPuzzo, Mr. Lamster, Mr. Rudolph and Mr. Donigian.

2. Dr. Ross and Mr. DaPuzzo attended a meeting regarding a catering facility being
constructed on the far end of the Russo Development property on Macarthur
Blvd. This type of use is not a permitted use in the IP120 zone. Dr. Ross and
Mr. DaPuzzo both agree that this use should be permitted in that zone. There would not be any impact on additional traffic and the homeowners in the area have no objection to a catering hall on that site.

Mr. DaPuzzo made a motion for a recommendation to the Council to permit catering facilities in the IP120 zone seconded by Mr. Rudolph. A roll call of members present revealed 6 aye votes by Mr. Jandris, Dr. Ross, Mr. Crean, Mr. DaPuzzo, Mr. Rudolph and Mr. Donigian. There were 2 nay votes by Mr. Trent and Mr. Lamster and one abstention by Mr. J. Kelly.

3. PLANNING BOARD RESOLUTION – ATTORNEY COMPENSATION

A motion to approve the amended Resolution for Peter Scandariato, Esq. for
Professional Services at $135.00 per hour was made by Mr. DaPuzzo and
seconded by Mr. Jandris. A roll call of members present revealed 8 aye votes by
Mr. Jandris, Dr. Ross, Mr. Trent, Mr. Crean, Mr. DaPuzzo, Mr. Lamster, Mr.
Rudolph and Mr. Donigian. Mr. J. Kelly abstained.


A motion to adjourn the meeting was made by Mr. DaPuzzo and seconded by Mr. Crean. All in favor. The meeting was adjourned at 11:00 p.m.




These minutes were prepared by Rosalie DeMartino.




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