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TOWNSHIP OF MAHWAH
MINUTES

NOVEMBER 8, 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 Drive, Mahwah, N. J. was called to order by Mr. DaPuzzo, 2nd 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. Rudolph, Mr. Donigian (8:40 p.m.)

ABSENT: Mr. Brotherton, Dr. Ross, Mr. Lamster

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

II. APPROVAL OF BILLS

No bills were presented for payment.

III. APPROVAL OF MINUTES

A motion to approve the minutes of October 25, 2004 was made by Mr. Crean and seconded by Mr. Rudolph. All in favor.

IV. RESOLUTIONS

FROM MEETING OF OCTOBER 25, 2004

A. TO4-0010T – TEMPORARY TRAILER PERMIT APPROVAL

A motion to conditionally approve the Resolution was made by Mr. J. Kelly and seconded by Mr. Jandris. A roll call of eligible members revealed 6 aye votes by Mr. Crean, Mr. DaPuzzo, Mr. Jandris, Mr. J. Kelly, Mr. Trent 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 was made by Mayor Martel and seconded by Mr. Rudolph. All in favor.

VI. PUBLIC HEARINGS

A. E-BD-216-239-380 – AINSWORTH, 72 BRAMSHILL DR.

Notices in order.

Jennifer & Gary Ainsworth, Herb Schlesinger were sworn in.

The applicant is requesting a waiver for 1:3 slopes. Mr. Schlesinger explained the reason for requesting this waiver. He stated that in order to obtain the grading around the house, it was advantageous to go to a steeper slope. There will be a less area of disturbance.

In answer to Mr. J. Kelly’s question regarding the effect on neighboring properties, Mr. Schlesinger explained that the water is geared to drain down the driveway into the street.

There will be 42 trees removed (2 trees are dead) and they will replace them with 10 trees.

The soil to be imported is 899 cubic yards and will be coming from within Rio Vista.

Mr. M. Kelly stated that the applicant has resubmitted plans to address the comments in the October 6, 2004 letter and they have satisfied these comments. The applicant will post the guarantees.

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

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

Mr. Mike Kelly stated that the applicant has agreed to delineate the stream easement with permanent markings; concrete monuments at the property line and iron rods at all other bends. The stream easement is an area that is not to be disturbed. It has an approval from DEP as part of the overall subdivision approval for the entire site.

A motion to approve was made by Mr. Jandris and seconded by Mr. Crean. A roll call of members present revealed 7 aye votes by Mr. J. Kelly, Mr. Jandris, Mayor Martel, Mr. Trent, Mr. Crean, Mr. DaPuzzo and Mr. Rudolph.

B. E-BD-216-239-355 – BELGIOVINE, 31 TUDOR ROSE TERRACE

Notices in order.

Mauro Belgiovine, 31 Tudor Rose and Herb Schlesinger, 29 Church St., Ramsey were sworn in.

Mr. Schlesinger stated that this application was previously approved by the Board. When Mr. Belgiovine purchased this lot it already had a soil movement approval and there was 5,000 cubic yards of soil stock piled in front of the lot. After construction began, it was realized that an additional fill of 1,100 to 2,000 cubic yards would be necessary. Mike Kelly noted that the revisions proposed should be depicted on the plans and these should be reviewed by the Board. Mr. Schlesinger stated there are no additional waivers requested.

Mike Kelly asked the applicant to install a swale on the north side to prevent runoff from this property going to the property to the North. Mr. Schlesinger agreed to this.

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

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

A motion to approve the application with the condition they install the swale was made by Mr. Trent and seconded by Mr. Rudolph. A roll call of members present revealed 7 aye votes by Mr. J. Kelly, Mr. Jandris, Mayor Martel, Mr. Trent, Mr. Crean, Mr. DaPuzzo and Mr. Rudolph.

C. E-BD-216-239-379 – EMPIRE DEVELOPMENT, 56 GREAT HALL RD.

Notices in order.

Thomas LaPuma, 3 Bourban St., Wayne; Larry Turco, 51 Crocker Mansion Dr.; Herb Schlesinger, 29 Church St., Ramsey were sworn in.

The soil quantities indicate there is 1470 cubic yds. of fill, 887 cubic yds. of cut and 583 cubic yds. to be imported. A waiver for slopes from 1:4 to 1:3 is requested.

Regarding the proposed landscape berm with slopes up to IV:2H, Mike Kelly stated that the ordinance permits up to a 1:1 and the minimum height must be 4 ft. Mr. Schlesinger indicated they could meet this requirement.

Mike Kelly indicated to Mr. Schlesinger that they would have to meet the drainage requirements. Mr. Schlesinger stated that they have the calculations and will submit them to Mike Kelly.

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

A motion to approve based on the Engineer’s recommendations was made by Mr. Trent and seconded by Mr. Jandris. A roll call of members present revealed 7 aye votes by Mr. J. Kelly, Mr. Jandris, Mayor Martel, Mr. Trent, Mr. Crean, Mr. DaPuzzo and Mr. Rudolph.

D. DKT. #476 – UPS, 340 MACARTHUR BLVD. – AMENDED SITE PLAN

Notices in order.

Cheryl DiBona, Esq. appeared on behalf of the applicant.

The applicant is proposing to build a 5500 sq. ft. generator building at the site which would be used as an emergency backup power supply.

The waivers requested were granted with the original application and are not an issue with this application.

There will be two new waivers requested at this time. One will be regarding the maximum slope limit and the other will be the parking requirements.

Jeff Ginn, Project Manager with UPS was sworn in. Mr. Ginn described the necessity of the generator building. At the present time there is backup power and the proposed building will be needed when they go past capacity.

Under questioning by Ms. DiBona, Mr. Ginn stated that there will be a fire suppression system at the site and there will be a water supply to the generator building. The plans will be updated to show this.

Regarding parking spaces, Mr. Ginn stated that there has been no increase in the employment level since the 1993 site plan approval and there will no increase in connection with the proposed building. The current parking at the site meets the current requirements for UPS. Mr. Ginn stated that there are approximately 175 to 180 open spots per day.

In answer to Ms. DiBona’s questions regarding the Township Engineering and Planning Reports, Mr. Ginn stated that UPS will agree to comply with the conditions in these reports as a condition of approval.

Mr. J. Kelly asked that the applicant find out whether or not the Fire Department is requesting fire hydrants in the area. If deemed necessary, UPS will install the fire hydrants.

George James, Keller & Kirkpatrick Inc., 900 Lanidex Plaza, Parsippany, N. J. He was accepted as an expert witness. He described the site for the Board. The proposed building will be one story and placed on fill that requires 2947 cubic yards of fill.

In answer to Mayor Martel’s question regarding wetlands, Mr. James indicated that these wetlands are shown on the plan and were approved at the last application. A Letter of Interpretation will be filed with the DEP and will have this as a condition of approval. The wetlands are currently outside of any of the buffers.

A waiver for 3:1 rather than 4:1 is requested.

Mr. James stated that they will show the locations of the hydrants along the service road. There will be only one water connection which will be for the sprinkler system.

Mr. James addressed the landscaping plan. In his report, Mr. Burgis requested the Norway Spruce trees be increased in height from 5 to 6 feet to 8 to 9 feet and be placed 10 feet on center instead of 14 feet as proposed. The applicant agrees to this.

In answer to Mr. J. Kelly’s question, Mr. James stated the generators are diesel. Mr. James described the underground lines to the new building. Each generator has a day tank which is a 250 gallon tank that feeds that generator. That generator has secondary containment equal to the amount of fuel in the tank. Any spillage will be contained in the day tank.

Mike Kelly indicated to the applicant that they will have to show the fuel lines on the plans and also with details of the size and type of pipe.

Jim Merril, 44 Princeton Heights Rd., Princeton, N. J. was sworn in. He stated his credentials and was accepted as a Sound Expert witness.

Mr. DaPuzzo had concerns about the noise level on weekends. Mr. Merril stated that it will be 47 d.b.a at the property line which is approximately 300 ft. from this building.
He stated that they are very confident that the noise level will not exceed 47 d.b.a. as testified to at this hearing.

The Board members had concerns about the noise level impact to the residents near the site and the fact that this would occur mostly on the weekends. Mr. Merril stated that the level of noise would not be high enough to hear it and the sound and the character is something that will not be unusual in the area and low within the background sound level.

Mr. Crean asked if air pollution control permits will be required by the Health Dept. Mr. Merril stated that have air permits now for the existing generators and will add these on.

Mike Kelly indicated that the applicant is willing to measure the sound levels after construction. They will be required to meet the sound levels as reported. If they don’t, after construction, they will have to take whatever means are necessary to bring them into conformance with their report. The applicant will be required to send the test results to Mr. Kelly’s office and they will confirm them.

The applicant agreed to increase the number of trees on the landscaping plan from 25 to 30.

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

Madeline Giotta appeared before the Board. She had concerns about pollution. Mr. DaPuzzo stated they have catalytic converters and monitored by the EPA.

Mr. Corallo appeared before the Board. He had concerns about the noise level.

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

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

A motion to adjourn was made by Mr. Trent and seconded by Mayor Martel. All in favor. Meeting was adjourned at 9:30 p.m.




These minutes were prepared by Rosalie DeMartino.








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