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TOWNSHIP OF MAHWAH PLANNING BOARD
MINUTES

AUGUST 9, 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 (8:25), Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Mr. DaPuzzo (9:10), Mr. Lamster, Mr. Rudolph, Mr. Donigian.

ABSENT: Mr. Brotherton

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

II. APPROVAL OF BILLS

7/27/04 Law Office of Carmine R. Alampi, Esq. $400.00
Peter J. Scandariato, Esq.

7/27/04 Law Office of Carmine R. Alampi, Esq. $170.00
Peter J. Scandariato, Esq.

7/27/04 Law Office of Carmine R. Alampi, Esq. $ 85.00
Peter J. Scandariato, Esq.

7/21/04 Law Office of Carmine R. Alampi, Esq. $ 85.00
Peter J. Scandariato, Esq.

7/21/04 Law Office of Carmine R. Alampi, Esq. $297.50
Peter J. Scandariato, Esq.

7/28/04 Law Office of Carmine R. Alampi, Esq. $ 85.00
Peter J. Scandariato, Esq.

7/27/04 Law Office of Carmine R. Alampi, Esq. $450.50
Peter J. Scandariato, Esq.

7/27/04 Law Office of Carmine R. Alampi, Esq. $170.00
Peter J. Scandariato, Esq.

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

III. APPROVAL OF MINUTES

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

IV. RESOLUTIONS

1. DKT. #462 RUSSO DEVELOPMENT, PRELIMINARY & FINAL SITE
PLAN

Mike Kelly asked that the following change be made to the Resolution:

Page 10 – No. 4, Line 8: there shall be “no” left turns.

A motion to approve was made by Mr. Trent and seconded by Mr. Lamster. A roll call of eligible members revealed 6 aye votes by Dr. Ross, Mr. Trent, Mr. Crean, Mr. Lamster, Mr. Rudolph, Mr. Donigian and 1 nay vote by Mayor Martel.

V. WORK SESSION

A. DKT. #355, FOX MEADOWS – REQUEST FOR TIME EXTENSION

Linda Herlihy, Attorney for the applicant appeared before the Board.

The applicant received preliminary subdivision approval on August 21, 2001. Since the approval is due to expire on August 21, 2004, the applicant is requesting a one (1) year extension. The proposed subdivision also required approval from the Ramsey Planning Board. They denied this subdivision in August 2001. This decision was appealed and the matter went back to the Ramsey Planning Board for approval. A Resolution of Approval was adopted in July 2003. Applicant has filed for Final Subdivision approval.

A motion for a one year extension was made by Mr. Trent and seconded by Mr. Crean. A roll call of members present revealed 8 aye votes by Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Lamster, Mr. Rudolph and Mr. Donigian.

B. PERRANO SUBDIVISION - CONCEPTUAL

Rhoda Perrano is the owner of Lot 61, Block 2 on Stag Hill Rd. which consists of 3.69 acres. She is proposing to subdivide this property into two lots and use the already existing driveway for the new parcel and use the vacant lot off of Lakeview Drive as the new driveway for the existing home. By doing this the applicant will be creating a flag lot. Dr. Ross stated that the Board would not approve a flag lot. Her other proposal is to subdivide the land into 3 lots and put in a road.

Ms. Winokur asked Mr. Burgis to look into whether or not this land will be affected by the Highlands Bill. Mr. Burgis stated he would check the lot and block with the maps they received from the State.

VI. OPEN TO THE PUBLIC

A motion to open the meeting to the Public was made by Mayor Martel 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. Lamster. All in favor.

VII. PUBLIC HEARINGS

A. DKT. #470 COBBLESTONE COURT (AIRMONT CONSTRUCTION)

Public Hearing carried to August 23, 2004.

B. DKT. #420-A MAHWAH LAND LLC.

Mike Kelly of Boswell McClave Engineering addressed his report dated August 4, 2004 describing the interior and exterior structural evaluation performed by his office on
July 29, 2004 on the structure located at 5 Aranow Place.

Mr. M. Kelly described the interior condition as well as the exterior condition of the roof and the chimney as well and any water damage done to the structure. In his report, Mr. Kelly included photos of the structure both internal and external along with their estimate to bring the building into the condition where it would be considered structurally sound. The estimated cost of materials and labor is $117,000.00 for these repairs. The largest amount of this cost would be for the repair of the roof which has the most damage.

Under questioning by Dr. Ross and in response to Mr. Wald’s statement, Mr. M. Kelly stated there is no operating heating system in the building and was not sure if the water lines were connected.

In answer to Mr. Lamster’s question, Mr. M. Kelly stated that the water damage has been going on for a long time but was not able to give an exact time frame.

Mr. Jandris indicated to Mr. Wald that when he received his approval the Board requested he build a home that would architecturally compliment the existing structure which could be used as a Cabana or Artist’s Loft. Mr. Wald stated that he is not the one who designs the homes and feels there is too much involved in restoring this structure.

Mayor Martel questioned Mr. Wald’s reasons for wanting to remove this structure at this time since he agreed to keep it as part of a condition of approval for the subdivision.

Mr. Cohen stated that the applicant would like to propose the following: The Historic Preservation Committee could take pictures and videos of the house, prepare a story about the history of this house and put a link on the web site for the Township of Mahwah for any interested party wishing to study this particular architectural structure. There would be no other way to study this structure since it would be on private property and not available to the public for viewing. The applicant would incur any cost involved.

Mr. Donigian was not in agreement with this proposal. In his opinion he feels the building has an opportunity to be saved and the original proposal should be honored.

Donald Leder, 370 Philips Hill Rd., New City, New York was sworn in. He is the Foreman on the job for the last year and a half. He stated that he and Mr. Wald had the same thought process as the Board at the time of the subdivision approval believing this structure could be used as a Cabana. Mr. Leder indicated that prospective buyers do not look at this structure in the same way as the Board or the Historic Preservation Commission but as an eyesore. Mr. Leder stated that he described the possibilities of this structure to these people and that no one had any interest.

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

Martha Jean Drago, Chairman Historic Commission of Mahwah talked about the benefit
to the Township. She stated that it is a pristine example of a craftsman style bungalow that is unusual and will soon be 100 years old. It dates Mahwah’s farming and agricultural history and tells a story about Mahwah. She feels craftsman style homes are in great demand these days.

Barbara Wald questioned why they don’t move the home to another location. Dr. Ross stated that they had a bad experience in moving a barn. Ms. Wald stated that they do not want this house on the property. Dr. Ross suggested they start building the homes on the other lots and wait to see if someone would have interest in this lot.

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

A motion to deny the application was made by Mr. Lamster and seconded by Mr. Jandris. A roll call of members present revealed 8 aye votes by Mr. J. Kelly, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Crean, Mr. Lamster, Mr. Rudolph and Mr. Donigian. There were 2 abstentions by Mr. Trent and Mr. DaPuzzo. Mr. Donigian asked what protection the town has against this structure being further neglected. This will fall under the Property Maintenance jurisdiction. There could be a stipulation where the Property Maintenance Officer will periodically inspect the house and send a report to the Board members.

C. E-BD-216-239-374, 9 HELLER PL., PHEASANT LAKES ESTATES
SOIL MOVEMENT

Mr. DaPuzzo presided as Chairman for this hearing.

Richard McDonnell, Attorney for the Applicant appeared before the Board.

Notices were in order.

Robert Weissman, P.E., 686 Godwin Avenue, Midland Park was sworn in. He was qualified as an expert witness. He stated the total volume of soil to be moved on the site is 580 cubic yards and that the anticipated approximate date for the commencement of work would be sometime in September.

Under questioning by Mr. McDonnell, Mr. Weissman stated there is a presence of wetlands and a wetlands delineation has been made. No on-site wetlands are to be disturbed and there is an existing permit issued by the DEP.

There are no known waivers or variances being sought relative to this application.

Mr. Weissman stated they have reviewed the June 14, 2004 Environmental Commission report and the applicant can comply with the tree requirements outlined in that report. Mr. Weissman also stated that they will comply with any requests in the Boswell report dated July 6, 2004.

Mayor Martel asked about the width of the existing bridge. Mr. Weissman stated the width is 12 ft. Mr. M. Kelly stated the bridge was built as part of the subdivision improvements and it was redesigned to accommodate the Town’s heaviest emergency vehicles and meet the emergency service requirements.

In answer to Mr. DaPuzzo’s question, Mr. M. Kelly stated there should be no problem with the bridge accommodating construction vehicles.

Mr. M. Kelly reminded the applicant that they are to add a note to their plan stating that there is to be no construction, grading, removal of vegetation or other disturbance within
the 25 foot Top of Bank Reservation and Stream Encroachment Line.

Mr. M. Kelly indicated that the applicant will have to demonstrate to his office that the proposed 2,000 gallon seepage pits meets the design requirements for Phase 12 of Rio Vista.

Mr. McDonnell addressed Item #14 in the Boswell report and asked if it would be sufficient to use iron rods instead of concrete monuments at points where the lines cross lot lines. Mr. DaPuzzo answered “it is not” and stated that the Board made a determination that all wetlands delineation will be done at borders in monument. Mr. McDonnell stated the applicant will comply.
Mayor Martel made a motion to open the meeting to the Public seconded by Mr. J. Kelly. All in favor.

Richard Cantor, 137 Campgaw Rd. appeared before the Board. He questioned whether or not there would be more soil brought onto the property since there are large mounds of soil there already. He had a concern about contamination in the wetlands by runoff from additional mounds of soil. Mr. DaPuzzo asked Mr. M. Kelly to look at the property to see that nothing has been encroached into the wetlands prior to this application.

Because of the amount of soil that is already on the site, Mr. M. Kelly suggested that his office take a look at the site and see how much soil was brought there and where it is. He will report back to the Board.

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

Mr. McDonnell conferred with the applicant and stated that the soil which is stockpiled was done before he had any interest in the property. His estimate of the amount of soil that is on the site is between 100 and 200 cubic yards and there should not be a requirement to remove any of the soil but will be required to import the differential of what is there and what is needed.

The Board would like to have Mr. M. Kelly’s report before making a decision.

Public Hearing is continued on August 23, 2004.

D. DKT. #473 – ROWAYTON PROPERTIES, AIRMOUNT RD.

Patricia Cistaro, Esq. appeared on behalf of the applicant.

Ms. Cistaro recalled Thomas Donohue, P.E. to address the revisions made to the plans and dated July 28, 2004. The following revisions were made:

1. New roadway cul-de-sac having block curbs proposed throughout the entire length.

2. Water main was moved to west side and would be an 8 in. diameter.

3. Water and sewer service lines were added to the plans.

4. Sanitary sewer manholes were added.

Dr. Ross asked if they added a fire hydrant at the intersection of Airmount and the proposed new road. Mr. Donohue stated it was not on the plan.

Bruce Bahuny, 202 E. 75th St., New York stated that he spoke to the Fire Marshall and they are required to have a fire hydrant within 100 ft. from the intersection. If he requires another one they will do so. Dr. Ross suggested they contact Mr. Roe for clarification.

There was a discussion regarding street trees. The Board is requesting 6 trees along Airmount Rd. in addition to those shown on the plans.

In answer to Mr. M. Kelly’s question, Mr. Donohue stated they would make the necessary revisions to the 500 ft. drainage map.

Mr. M. Kelly indicated that if the detention basis is to be maintained by an Association, a drainage easement will have to be provided to the Association for maintenance. This will have to be shown on the plans. The applicant agrees to this.

At the last meeting the Board asked Mr. M. Kelly to look into the drainage easement that goes across Lots 9 thru 15 on block 109. Mr. Kelly stated they looked into the deeds for the properties and there was no description of the drainage easement. That subdivision was approved in the 1960’s and there was mention of a drainage easement but they did not find the actual easement description. They will continue to look for the actual description.

Regarding the retaining wall that crosses lot 4.5 and lot 4.6, Mr. M. Kelly stated that the applicant’s engineer needs to revise the grading plan to reflect a break that meets the setback requirements or request a waiver. Ms. Cistero is requesting a waiver.

Dr. Ross read a letter from Stanley Speich, Director of Public Works stating that the town does not have any immediate plans for putting in sidewalks in the vicinity of the proposed site. The applicant agrees to make a contribution to the sidewalk bank.

Mr. M. Kelly described the waiver needed for the retaining wall. A guard rail will be needed if it is within 20 ft. of the driveway.

There was a discussion regarding sidewalks. The Board is requesting that the applicant put in 5 ft. sidewalks along Airmount Rd. and one side of the proposed road. Ms. Cistero withdrew the waiver for sidewalks. The applicant agreed to extend the sidewalk to a point where a dropped curb could be installed to provide for a future crosswalk to the north side of Airmount Rd.

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

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

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

1. T/A 04-2021, FOOTSTAR CORPORATION, 91B MCKEE DR.
2. DKT. #441-F, BL. 104, LOT 83.01, ELEVATION CHANGE

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, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Mr. DaPuzzo, Mr. Rudolph, Mr. Donigian.

3. T/A 04-2018, PEARL PHARMACEUTICAL INC., 300 RTE. 17 S.

Applicant did not show.

4. T/A 04-2020, LS ADVERTISING, 10 INDUSTRIAL AVE.

Carried to meeting of August 23, 2004.

5. T/A 04-2022, BAGEL EXPRESS, 75 FRANKLIN TURNPIKE

Application is carried to August 23, 2004. Applicant is to submit revised parking and circulation plan.

OLD/NEW BUSINESS:

There was a discussion regarding Cross Acceptance and the time frame involved. The report is to be in to the State by the first week in October. Mr. Burgis said that many counties are asking for extensions since the state is asking for a tremendous amount of analysis.

A motion to adjourn was made by Mr. Trent and seconded by Mr. J. Kelly. All in favor. Meeting was adjourned at 10:30 p.m.




These minutes were prepared by Rosalie DeMartino








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