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TOWNSHIP OF MAHWAH PLANNING BOARD
MINUTES

MAY 9, 2005


6:45 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 7:00 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 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, Dr. Ross, Mr. Trent, Mr. Crean, Mr. DaPuzzo, Mr. Rudolph, Mr. Donigian.

ABSENT: Mr. Brotherton, Mr. Lamster

PROFESSIONALS: Peter Scandariato, Esq., Mike Kelly, P.E., Donna Holmqvist, P.P.

II. APPROVAL OF BILLS

3/1/05 Peter Scandariato, Esq. $202.50

4/20/05 Peter Scandariato, Esq. $675.00

4/20/05 Peter Sdandariato, Esq. $400.00

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

III. APPROVAL OF MINUTES

Page 4: Change “Mr. Speck” to read “Mr. Steck”

A motion to approve the minutes as amended was made by Mr. Crean and seconded by Mr. J. Kelly. All voted in favor.

IV. MEMORIALIZING RESOLUTIONS

FROM 3/28/05 MEETING:

1. DKT. #484 – TREASURE ISLAND, INC., 31 MC KEE DR. – AMENDED
PRELIMINARY AND FINAL SITE PLAN APPROVAL.

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

FROM 4/18/05 MEETING:

1. E-BD-216-1733 – MALEY, 551 CAMPGAW RD.
2. DKT. #455-F – WOODCLIFF LAKE DEV. CO. – REVISED BERM DESIGN

A motion to approve the above Resolutions was made by Mr. Trent and seconded by Mr. Crean. A roll call of eligible members 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.

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 voted in favor.

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

VI. PUBLIC HEARINGS

A. DKT. #397S – HINDU SAMAJ, WEST RAMAPO AVE. & RAMAPO VALLEY RD – SOIL MOVEMENT PERMIT

Charles Collins, Attorney for the applicant appeared before the Board.

Joseph Glembocki, 23 Ramapo Valley Rd., Oakland was sworn in. He stated his credentials and was accepted as an expert witness in the field of Civil Engineering. Mr. Collins addressed the Boswell Engineering Report of March 22, 2005. Mr. Glembocki stated they can comply with the comments in this report.

Mr. Glembocki referred to the 24 ft. entrance way which is required by the Bergen County Planning Board. The Board requested this be a 30 ft. driveway as required by the Township Code. Mike Kelly indicated he had no problem with this and believes the Bergen County Planning Board has jurisdiction since this is a county road. Mayor Martel stated he would rather see this at 30 ft. Mr. Collins stated he would speak with Mr. Varner of the Bergen County Planning Board indicating that the Board is requesting a 30 foot driveway. Mike Kelly said he would speak with Mr. Varner to see if they would be in agreement with the Planning Board.

Mike Kelly asked for testimony on the LOI for wetlands on site.

Mr. Donigian had concerns regarding the approval of the soil movement application. He stated that the plan shows no delineation of the area to be in-capsulated addressing the concerns of the DEP (no trenching for water or electric lines, grading). Mr. Donigian stated these areas are deed restricted.

Dr. Ross stated the original plan indicated the area not to be re-graded except by addition of asphalt or other fill material.

Mr. Collins stated he would have the plans revised to show the areas of in-capsulation.

Mr. Collins addressed the issue of the Letter of Interpretation. Mike Kelly indicated he would like a current L.O.I. Mr. Collins stated they have an L.O.I. dated August 7, 1997 which is not within the 5 year limitation. Mr. Collins spoke with Judy Burton of the DEP asking about the seriousness of the 5 year limitation. She stated they needed to be sure that there are no threatened or endangered species or trout reproduction problems in the wetlands area and is not affected by C-1 watersheds. Ms. Burton indicated that none of these factors are present at this property. Mr. Collins stated they are still going ahead with obtaining a new L.O.I. Mayor Martel asked that Mr. Collins submit a copy of Ms. Burton’s report to the Planning Board.

Mr. Collins will address the issues of the areas of in-capsulation and the L.O.I.

Public Hearing is continued on May 23, 2005.

B. DKT. #483 – ESTATE OF HOWARD MAC PHERSON – 23 OLNEY RD.
MINOR SUBDIVISION

James Jaworski, Attorney for the applicant appeared before the Board.

The applicant is requesting a minor sub-division for the property located at 23 Olney, Block 75, Lot 16 in the R-40 zone. The existing property is in excess of 3 acres and contains two dwellings. It is an existing non-conforming use and the applicant wishes to make this condition conforming by creating 2 lots which will exceed the R40 bulk criteria with regard to lot area. There are no off-site or on-site improvements or modifications proposed with the application. The existing home will be renovated.

In answer to Mr. Jandris’ question regarding the access to the right of way, Mike Kelly stated this is not a flag lot.

Ann Lingrin, 25 East End Ave., New York was sworn in. She is the daughter of Mr. & Mrs. MacPherson. Ms. Lingrin stated the house was built about 1900 by the Snow Family.

Under questioning by Mr. Jaworski, Ms. Lingrin described the Cottage or Carriage House. She stated it originally was a stable and then became a garage with an apartment above it. It has 3 or 4 bedrooms with several baths and a living room.

A photograph of the “Bear’s Den” was marked as Exhibit “A-1”. She described this as a masonry structure which was used to house bears as pets before World War I. There have been no bears housed there since the war.

Ms. Lingrin described the main house and stated the new owner will be restoring the house. Neither of the houses are listed on the historic registry.

Ms. Lingrin stated the pool was built in the 1960’s and the tennis court goes back long before that.

Ms. Lingrin stated that the reason for this sub-division is because they could not find a buyer interested in purchasing the entire parcel. They do have two buyers who would keep the property as is.

Peter Kirch, P. E., 43 Spring Street, Ramsey was sworn in. The map entitled Minor Sub-Division Plan for Estate of Howard MacPherson, Block 75, Lot 16, 23 Olney Rd. dated December 20, 2004 was marked Exhibit “A-2”.

Mr. Kirch stated the subdivision and the land on it will remain on the status quo situation except for the removal of the common driveway that services both the house on the westerly lot on Olney Road and the easterly lot off of Flaming Arrow Drive. There will be approximately an 80 foot piece of driveway on both sides of the two lots that will be removed and landscaped with grass. Mr. Kirch explained that the right-of-way is shown on the final filed sub-division plat of Flaming Arrow Drive and also shown as a right-of-way on the Township of Mahwah tax map. Mr. Kirch was unsure whether it was public or private.

There was a question regarding the right-of-way. Mike Kelly stated the right-of-way will provide access to a public street whether it is public or private. It is filed with a deed with the County. Mr. Kelly stated there is a potential that it does not have frontage on a town road.

Mr. Jaworski stated the dimension of the right-of-way is shown on the tax map at 50 feet which is a conventional right-of-way dimension for a public street. Mr. Donigian asked for documentation. Mr. Jaworski stated they could give the Board a title report.

Mr. Kirch referred to Boswell’s letter listing the variances requested.

Mr. Kirch stated there are no physical improvements. The addition to the plan shows two proposed drainage easements over existing drainage ways on the property. The easements will be turned over in favor of the Township of Mahwah.

Under questioning by Mr. Jaworski, Mr. Kirch stated they agree with Boswell’s report and if there are any deficiencies they can comply with them.

Mike Kelly indicated to the Board that the frame stone pool shed and the frame shed are both greater than the 120 sq. ft. It is an existing condition which will give them two accessory structures on site where one is permitted. There is a proposed drainage easement on both lots. Mr. Kelly wants to be sure that the Town has the ability to clean the ditch but does not have the requirement to maintain it. It is for access only.

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

Frank Russo, 22 Olney Rd appeared before the Board stated he has no objection to this plan.

A motion to close the meeting to the Public was made by Mayor Martel and seconded by Mr. Rudolph. All voted 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. J. Kelly, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Mr. DaPuzzo, Mr. Rudolph, Mr. Donigian.

VII. WORK SESSION

A. VAN DUREN REZONING REQUEST – BLOCK 140, LOT 1

James Jaworski, Attorney for the applicant appeared before the Board.

Mr. Jaworski referred to the report from Burgis Associates, Inc., Town Planner, dated May 4, 2005. Mr. Burgis and Ms. Holmqvist agreed with the applicant that embracing this in the B40 zone would be appropriate zoning.

Mr. Jaworski described the property owned by Mr. Van Duren. He stated there are no specific plans with regard to Mr. Van Duren’s 1.1 acre lot. At this time it is a request to have the property rezoned.

Mr. Donigian felt he did not have enough information to make a decision.

Mayor Martel asked for the permitted uses in the B-40 zone. Dr. Ross read them to the Board.

Dr. Ross stated that awhile ago he had a discussion with the prior Planner, Malcolm Kasler. At that time Mr. Kasler agreed that this should be rezoned to B40 so that the zoning would be contiguous in that area.

A motion to make a positive recommendation to the Council for Rezoning to B40 was made by Mr. DaPuzzo and seconded by Mr. Jandris. A roll call of eligible members revealed 7 aye votes by Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Mr. DaPuzzo, Mr. Rudolph, and 1 nay vote by Mr. Donigian. Mr. J. Kelly recused himself.

B. T/A OT-2013, BENTLEY LABS, 750 CORPORATE DR.

The applicant has been a tenant since January without tenant approval.

Bob Mueller, Chief Operating Officer for Bentley Laboratories appeared before the Board. He stated he was unaware that he needed a tenant application approval. After they started moving their materials into the building, the Fire Inspector asked him if they had completed the necessary paper work for the tenant occupancy. At that point he indicated that he had not and immediately began the process with the building owner AMB Property. The owner never indicated to him that this was a necessary process.

He stated that they completed the work requested by the fire and insurance inspection relative to the sprinkler system. They are able to store the materials to 17 feet based on the flow and pressure of the fire system and the size of the sprinkler system in the building.

They are occupying 32,000 sq. feet of warehouse and office space.

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

Bill Dator, Commissioner of Northwest Bergen Utilities Authority appeared before the Board. He stated that certain tenants need to get an IPP (Industrial Pre-treatment Program) permit from them. He stated they have a problem with Bentley Labs. Mr. Dator asked that the Planning Board be aware of this requirement. He would like this to be part of the tenant application. Dr. Ross asked Mr. Dator to supply the Building Department with a form listing the restricted or prohibited items for review.

C. COMMITTEE REPORTS

1. #05-002T – TRAILER APPLICATION, 11 WASHINGTON LANE

A motion to approve was made by Mr. DaPuzzo 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 and Mr. Donigian.
A motion to adjourn was made by Mayor Martel and seconded by Mr. Donigian. All voted in favor. The meeting was adjourned at 9:05 p.m.


These minutes were prepared by Rosalie DeMartino.































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