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TOWNSHIP OF MAHWAH PLANNING BOARD
MINUTES

OCTOBER 11, 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 Mr. DaPuzzo, Second Vice-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 audio tape recording is on file with the Board Secretary at the Planning Board Office, 475 Corporate Dr., Mahwah, N.J. Copies of the tapes may be purchased for a fee.

PRESENT: Mr. J. Kelly, Mr. Jandris, Mayor Martel, Mr. Trent, Mr. Crean, Mr. DaPuzzo, Mr. Lamster, Mr. Rudolph, Mr. Donigian (8:06).

ABSENT: Mr. Brotherton, Dr. Ross.

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

II. APPROVAL OF BILLS

9/27/04 Law Office of Carmine R. Alampi, Esq. $400.00
Peter Scandariato, Esq.

9/27/04 Law Office of Carmine R. Alampi, Esq. $ 67.50
Peter Scandariato, Esq.

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

III. APPROVAL OF MINUTES

A motion to approve the minutes of September 27, 2004 was made by Mr. J. Kelly and seconded by Mr. Rudolph. A roll call revealed 6 aye votes by Mr. J. Kelly, Mayor Martel, Mr. Crean, Mr. DaPuzzo, Mr. Lamster, Mr. Rudolph and 2 abstentions by Mr. Jandris and Mr. Trent.

IV. RESOLUTIONS

FROM 7/26/04 MEETING

1. RESOLUTION RECOMMENDING PROPOSED AMENDMENT TO ZONING ORDINANCE TO PERMIT CATERING FACILITIES AS PERMITTED USES IN THE IP-120 ZONE

2. TA-04-005T – DENIAL OF TRAILER PERMIT – O’HARA AND LINCOLN TECHNICAL INSTITUTE, BL. 64, LOT 9

A motion to conditionally approve the Resolutions was made by Mr. Lamster and
seconded by Mr. Trent. A roll call of eligible members revealed 7 aye votes
by Mr. Jandris, Mayor Martel, Mr. Trent, Mr. Crean, Mr. DaPuzzo, Mr. Lamster, Mr.
Rudolph.

FROM 8/9/04 MEETING:

1. DKT. #420 – MAHWAH LAND, LLC – DENIAL OF APPLICATION FOR AMENDED SITE PLAN APPROVAL – BL. 126M KITS 125 & 126

Mike Kelly asked that the following be added to the Resolution: The Board asked that
the Property Maintenance Officer perform periodic inspections and provide the Board
with reports.

2. DKT. #473 – ROWAYTON PROPERTIES, LLC. – PRELIMINARY AND FINAL SUBDIVISION AND SOIL MOVEMENT PERMIT APPROVAL
BL. 109, LOTS 4 & 5

Page 5 – Item No. 6: The applicant is required to have sidewalks on one side which they
will install.

3. DKT. #355 – EAST LAKE ASSOCIATES – EXTENSION OF SUBDIVISION APPROVAL – BL. 154, LOTS 59 & 59.01

4. DKT. #441-A-F – FRANKLIN TURNPIKE CONSTRUCTION CO., LLC. – PLOT PLAN REVIEW AND ELEVATION CHANGE APPROVAL – BL. 104, LOTS 25, 26 AND 83

5. TA04-2018 – DENIAL OF TENANT APPLICATION – PEARL PHARMACEUTICAL, INC. – BL. 137, LOT 1

6. TENANT APPROVAL #04-2021 – FOOTSTAR CORP. – BL. 64, LOT 11

A motion to conditionally approve the Resolutions was made by Mr. Trent and seconded
by Mr. Crean. A roll call if eligible members revealed 7 aye votes by Mr. J. Kelly, Mr.
Jandris, Mr. Trent, Mr. Crean, Mr. DaPuzzo, Mr. Lamster, Mr. Rudolph.

FROM 8/23/04 MEETING:

1. T04-006T – TEMPORARY TRAILER PERMIT – KNORR/SPREEN,
BL. 156, LOT 5

2. TA-04-2011A – DISMISSAL OF AMENDED TENANT APPLICATION, GLOBAL BUSINESS ASSOCIATES & EXCHANGE – BL. 68, LOT 5

3. TA-04-2022 – TENANT APPROVAL – BAGEL EXPRESS OF MAHWAH, INC. – BL. 70, LOT 8

4. E-BD-216-239-374 – PLOT PLAN AND SOIL MOVEMENT PERMIT APPROVAL – PHEASANT LAKE ESTATES, BL. 21.05, LOT 30

A motion to conditionally approve the Resolutions was made by Mr. Trent and seconded
by Mr. Crean. A roll call of eligible members revealed 7 aye votes by Mr. Jandris, Mr.
Trent, Mr. Crean, Mr. DaPuzzo, Mr. Lamster, Mr. Rudolph and Mr. Donigian.

FROM 9/13/04 MEETING:

1. DKT. #355-F – EAST LAKE ASSOCIATES (FOX MEADOWS) – FINAL
SUBDIVISION APPROVAL – BL. 154, LOTS 59 AND 59.01

2. DKT. #475 – WHITNEY RD., LLC. – PRELIMINARY & FINAL SITE
PLAN AND SOIL MOVEMENT PERMIT APPROVAL, BL. 173, LOT 145

Page 4, No. 9 a. – Last sentence: After the words “no increase in” add “the rate of run off.


3 TA-04-2024 – TENANT APPROVAL – FIRM INC. – BL. 63, LOT 6

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

FROM 9/27/04 MEETING:

1. TA-04-2020 – TENANT APPROVAL – L.S. ADVERTISING CO., BL. 65,
LOT 14.

2. T04-008T – TEMPORARY TRAILER PERMIT – CAMPGAW
CONSTRUCTION CO., LLC. – BL. 145, LOT 2.06


3. TO4-007T – TEMPORARY TRAILER PERMIT – BARR & BARR/
STRYKER ORTHOPAEDICS, BL. 137, LOT 6.

4. DKT. #372-A-4 – STRYKER-HOWMEDICA-OSTEONICS - AMENDED
PRELIMINARY AND FINAL SITE PLAN APPROVAL. BL. 137, LOT 6

5. DKT. #377-A – KONIKA MINOLTA PHOTO IMAGING U.S.A. INC.
AMENDED PRELIMINARY & FINAL SITE PLAN APPROVAL, BL. 137,
LOTS 6, 13, 14. 15

A motion to conditionally approve the Resolutions was made by Mr. Lamster and seconded by Mr. Rudolph. A roll call of eligible members revealed 6 aye votes by Mr. J. Kelly, Mayor Martel, Mr. Crean, Mr. DaPuzzo, Mr. Lamster and Mr. Rudolph.

V. OPEN TO THE PUBLIC

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

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

VI. PUBLIC HEARINGS

A. E-BD-216-239-314 – KEVIN SIMON, 34 TUDOR ROSE TERRACE
AMENDED SOIL MOVEMENT APPLICATION

Tibor Latincsics of Conklin Associates was sworn in. He appeared before the Board on behalf of Kevin Simon owner of Block 21.07, Lot 31. The plan was previously approved and the home is substantially completed. There were a number of changes to the site plan one of which was the addition of a circular drive. A pool, a series of patios, walkways, a retaining wall to hold up the pool and a graded sloped area was also added. The slope is at 2:1 for which they are asking a waiver of the grading ordinance.

Due to the rear yard grading the revised plan calls for a volume of import of 5,900 cubic yards. Additional seepage pits and drainage measures have been added to the plan.

The number of trees to be removed has been increased to 88 trees. The replacement trees will be increased to 47 trees.

In answer to Mayor Martel’s question, Mr. Latincsics stated that most of the soil will come from within the subdivision. Mike Kelly indicated that the soil permit will have to be revised to reflect this. Any soil coming from outside of Mahwah will have to be tested and the results provided to Mr. Kelly’s office before any soil is brought on to the site.

Mike Kelly stated that the slope the applicant is proposing closely matches what is there. The slope of 1:2 will limit the amount of disturbance into the woods. He has no problem with this.

Mike Kelly indicated that the plan has to be revised to indicate the slope to the east side is 1:2 and not 1:3 as shown and that 47 replacement trees will be provided.

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

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

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

B. DKT. #405 – HAMPTON INN, 221 RAMAPO VALLEY RD. – SITE PLAN

Notices were in order.

Bruce Whitaker, Esq. appeared on behalf of the applicant.

The Board granted an approval in April 2001 for Wingate Inn which was an 89 room facility. Mr. Whitaker presented the Resolution of Approval to the Board members. He stated that they have met the conditions stated in the resolution and they can now move forward with the final site plan approval.

Mr. DaPuzzo referred to the Boswell Report on the condition of the environmental sampling and tests indicating that they were not pleased with the results of that report.

Mr. Whitaker stated that they are now proposing 87 rooms and is not an extended stay facility. The building has been enlarged by 698 sq. ft. They are proposing 98 parking spaces where 95 are required. On the original application, the Board required that there be a demarcation between the parking for the Mason Jar and the Hotel which is now shown on the revised plan.

Mr. Whitaker addressed the Prestige Report regarding the soil contamination issue. He asked that if the other portions of this application are satisfactory to the Board, the Resolution be moved to a final subject to Prestige coming back and satisfying Boswell with additional inspections.

Mr. DaPuzzo recalled a discussion at the original meeting that the Board requested some type of fencing be constructed to deter pedestrian traffic as well as vehicle traffic. Mr. Whitaker agreed to comply with this condition.
Mike Kelly indicated that he has no problem with the condition of final approval regarding the environmental report. It is understood that if there is a major concern with the environmental report, the applicant must come back before the Board to address the issue. Mr. Whitaker agreed. Mr. Kelly stated that if there is a problem the Town will require the applicant to follow the site remediation guide lines.

Scott Wyssling, P.E., Ferraro Engineering was sworn in.

Under questioning by Mr. Whitaker, Mr. Wyssling stated that he had the opportunity to review the plans and the Boswell Report of August 26, 2004 and from an Engineering standpoint they can comply with all requests in that report.

A motion to open to the Pubic was made by Mr. J. Kelly and seconded by Mayor Martel.
All in favor.

John Lavinsky, 220 Clark Ave. appeared before the Board. He had concerns about whether or not there was soil contamination.

Tom Galofaro, 6 Locust Lane appeared before the Board. He asked about the handicap parking. There are 5 spaces allocated. He also requested the applicant construct a 6 ft. high PVC privacy fence prior to construction which will be earth tone. The applicant agreed.

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

Mike Kelly asked that the site be graded at the beginning of the project and then the privacy fence be installed before commencement of construction.

Mayor Martel asked Mr. Scandariato to state the conditions prior to a motion. They are as follows:

1. All conditions in prior Resolution will be continued.
2. They must comply with all conditions in the Boswell Report including but not limited to the environmental testing.
3. No building permit is to be issued until the environmental testing is done to the satisfaction of the Township Engineer.
4. They will grade the site at the southerly property line at the beginning of the project and install a 6 ft. earth tone privacy fence prior to any commencement of construction to screen the site from the adjacent residences.
5. The applicant agrees to remediate in the event contamination is found.
6. A physical barrier 4 ft. fence is to be installed.
7. Striping on the crosswalk on the sidewalk area.
8. “Hotel Parking Only” Signage in hotel parking lot. (2 or 3)

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

C. DKT. #469, HASCO, EDISON RD. & MOLLIE COURT – PRELIMINARY
AND FINAL SITE PLAN

Mr. Jandris recused himself.

Bruce Whitaker, Esq. appeared on behalf of the applicant.

Mr. DaPuzzo asked Mr. Burgis to determine whether or not this application is to be in front of the Planning Board or the Board of Adjustment. He referred to Section 24-3.3 regarding zoning lines. If you have zone lines that go down the street the zone line is actually measured as being in the center line of the street. Technically the applicant’s property does not abut the residential zone because they have the 25 ft. portion of the 50 ft. right-of-way where the zone line goes down. This is the portion they abut and that 25 ft. strip in the road is actually in the GI-80 zone and not the residential zone. The variance is no longer necessary.

Mr. Whitaker recalled Mr. Ashbahian to explain the modifications made to the plan based on the comments in the Boswell report.

Mr. Ashbahian stated that he has eliminated 2 parking spaces allowing for a more generous truck turning radius.

There will be masonry piers and estate fencing that will run along Edison Rd. for approximately 150 ft.

The proposed signs and the lighting are in compliance with the ordinances.

Mike Kelly questioned the fence. The estate fencing will be from the west side of the site to the retaining wall. They will stop the masonry piers but continue the fence along the retaining wall. They are asking for a transition to a chain link fence as they come down Mollie Court.

The applicant will provide either a 4 or 5 ft. sidewalk on Edison Rd. to match the sidewalk at Kindercare.

Mike Kelly indicated they are okay with the lighting submission and that they are reviewing the storm water calculations. The applicant will provide Boswell with the wetland delineation for the area at the east side of the site.

In response to Mr. Donigian’s concern regarding the fuel tank, Mike Kelly stated they will require a concrete pad and also a concrete curb along the outside to contain any spillage.

After a discussion regarding the fence and landscaping along the school property, the Board requested there be low growing shrubs for the first 56 ft. of the fence and then make the transition to taller emerald green arborvitaes. There will be 120 ft. of estate fence along Mollie Court with low lying shrubs then transition to a chain link fence. The front gate will be estate style.

A motion to open to the Public was made by Mayor Martel and seconded by Mr. Crean.

Chuck Jandris, 25 Stone Fence Rd. appeared before the Board. He voiced his concern about the amount of trucks parking on Mollie Court.

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

A motion to conditionally approve the application was made by Mr. Crean and seconded by Mr. Rudolph. A roll call of members present revealed 7 aye votes by Mr. J. Kelly, Mr. Trent, Mr. Crean, Mr. DaPuzzo, Mr. Lamster, Mr. Rudolph, Mr. Donigian and 1 nay vote by Mayor Martel.

VII. WORK SESSION

A. TA 04-2025 – MAHWAH AUTOMOTIVE CENTER, 164 FRANKLIN TPK.

This application was before the Board for a tenant approval. The Board had some concerns at that time about the amount of parking spaces allocated to this tenant and asked that they come before the full Board.

Mr. Ashbahian described the site indicating the total amount of spaces on site and for each tenant. The total amount of parking spaces are 31 spaces (15 parking spaces outside and 16 inside). The breakdown is as follows:

1. Java’s Brewin: (1,000 sq. ft.) – 5 spaces
2. Janitorial Supply (Office Space on second floor – Approximately 400 to 450 sq. ft. and 1 bay). – 3 exterior spaces.
3. Mahwah Auto is requesting the use of 1 exterior space and relying on 4 interior
spaces that were approved under the original site plan.

This leaves 6 spaces unassigned on the exterior which will be for future tenancies of 3,000 sq. ft. left in the warehouse area and 350 sq. ft. office space on second floor.

The Board does not feel 1 exterior space is adequate for Mahwah Automotive. It was decided that there will be a total of 3 exterior spots and 4 interior spot allocated to Mahwah Automotive.

Mr. DaPuzzo suggested a new site plan be drawn up with the parking required for each tenant. There will be 4 exterior spots remaining for the last tenant.

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

B. DKT. #477 MARION EDDY, 144 MILLER RD. – MINOR SUBDIVISION

Bruce Whitaker, Esq. appeared on behalf of the applicant.

The applicant is proposing to divide her property into 2 conforming building lots. There are no variances required and all the agencies have approved the subdivision. The Historic Site Committee requested that when future development occurs, the historic stone edifice be protected. The applicant has no objection to this request.

The request by both Mr. Burgis and Mr. Kelly regarding the drainage pipe that runs underground on the property and is not documented in the title report be properly documented to the benefit of Mahwah. The applicant agrees.

The applicant is requesting a waiver for the one line that is not perpendicular.

Regarding the 24 inch clay pipe, Mike Kelly stated they would like a drainage easement that states it is the property owner’s responsibility to maintain it. If the property owner does not maintain it then the town has the right to access the property and make the necessary improvements and assess the property owner. Mr. Whitaker indicated that he believes this is a township easement and should maintain it.

Mr. Kelly asked that there be some caution as to the wording of the deed. Mr. Whitaker stated that based on similar deeds prepared in the past regarding drainage easements he would use the following wording: The Township of Mahwah has the right but not the obligation.

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

C. COMMITTEE REPORTS

1. T/A 04-2006A – LORENZO, 113 CEDAR HILL AVE. – AMENDED
TENANT APPLICATION

2. #04-009T – 1 MARY COURT – TRAILER APPLICATION

A motion to approve both 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, Mayor Martel, Mr. Trent, Mr. Crean, Mr. DaPuzzo, Mr. Lamster, Mr. Rudolph and Mr. Donigian.

D. OLD/NEW BUSINESS

1. GLOBAL BUSINESS ASSOCIATES

Ms. Winokur gave a brief update on the above applicant. They will now comply with all requests from the Planning and Building Departments. They will dispose of all interior equipment which made them appear to be a car wash. They will be issued a temporary certificate of occupancy. They may reappear in front of this Board at a later date for a full site plan application should they desire to reinstall the machinery. If they do not choose to do this then they will be back within a 3 month period as a tenant application at a work session so the Board can fully review their parking and circulation plan. Their initial application misrepresented what was on the site.

2. RUSSO DEVELOPMENT

Mr. Lamster questioned the new paving on Macarthur Blvd. which stopped approximately 20 feet short of the traffic light on Macarthur and North Central Ave.
Mike Kelly indicated that the town will require Russo Development to match it as part of their frontage on Macarthur Blvd. to the town’s satisfaction.

The town ordinance states they cannot disturb the roadway for two years once it has been repaved. Mr. Kelly indicated that they will need relief from that and his recommendation to the Council would be to grant it since the town had the money from the state to pave that part of the roadway or lose the money. The town was aware that Russo Development would be moving in on that site.

A motion to adjourn the meeting was made by Mr. Rudolph and seconded by Mr. Jandris. The meeting was adjourned at 10:48 p.m.




These minutes were prepared by Rosalie DeMartino.





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