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TOWNSHIP OF MAHWAH PLANNING BOARD
MINUTES

SEPTEMBER 12, 2005


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. Brotherton, Mr. DaPuzzo, Mr. Jandris (7:15 p.m.), Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Rudolph.

ABSENT: Ms. Richter, Mr. Donigian

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

II. APPROVAL OF BILLS:

4/05 Peter J. Scandariato, Esq. $ 400.00

5/05 Peter J. Scandariato, Esq. $ 400.00

6/05 Peter J. Scandariato, Esq. $ 400.00

7/05 Peter J. Scandariato, Esq. $ 400.00

7/31/05 Harwood Lloyd $ 472.50

7/31/05 Harwood Lloyd $ 337.50

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

III. APPROVAL OF MINUTES:

A motion to approve the minutes of July 25, 2005 Re-Organization and July 25, 2005 regular meeting was made by Mr. Brotherton and seconded by Mr. Rudolph. All voted in favor.
A motion to approve the minutes of August 8, 2005 was made by Mr. Trent and seconded by Mr. Brotherton. All voted in favor.

IV. MEMORIALIZING RESOLUTIONS:

FROM AUGUST 8, 2005 MEETING

1. DKT. #470-F – AIRMONT CONSTRUCTION (COBBLESTONE COURT),
FINAL SUBDIVISION APPROVAL
2. TA 04-006T – EXTENSION OF TEMPORARY TRAILER PERMIT –
18 TURNERS LAKE DR.
3. RESOLUTION OF THE TOWNSHIP OF MAHWAH PLANNING BOARD,
RAMAPO COLLEGE OF NEW JERSEY – CENTER FOR SCIENCE,
EDUCATION AND TECHNOLOGY

A motion to approve the above Resolutions was made by Mr. Trent and seconded by Mr. Rudolph. A roll call of eligible members revealed 5 aye votes by Mr. Brotherton, Mayor Martel, Dr. Ross, Mr. Trent and Mr. Rudolph.

4. DKT. #459 – KKTT RESTAURANT CORP. -PRELIMINARY AND FINAL
SITE PLAN AND SOIL PERMIT APPLICATION

A motion to approve the above Resolution was made by Mr. DaPuzzo and seconded by Mr. Trent. A roll call of eligible members revealed 5 aye votes by Mr. Brotherton, Mr. DaPuzzo, Mayor Martel, Dr. Ross, Mr. Trent.

V. OPEN TO THE PUBLIC:

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

Paul Dennis, 101 Halifax Rd. appeared before the Board. He asked about a soil movement permit for Danza. He was following up on the application for the highlands exemption for this permit. Mike Kelly stated that based on a discussion he had with the NJDEP the lots would not be subject to the highland’s regulations since they received their approval prior to the Highland’s Act going into effect. They were given a verbal approval and it is not under the town’s jurisdiction. The NJDEP told Mr. Kelly that the applicant need not apply.

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

A. DKT. #491 – FRANK & KAREN LLOYD, 66 THUNDERHEAD PLACE,
BL. 77, LOT 9 – MINOR SUBDIVISION

Mr. Scandariato recused himself from this application since he is employed by Mr. Lloyd’s law firm. Mr. Scandariato’s cousin, Peter Scandariato, Esq. presided as Board Attorney for this application.

Peter Kirch, Land Surveyor, was sworn in. Mr. Kirch described the property as being 5.8 acres with an existing main homestead approximately in the center of the lot. There is also a barn that is approximately 1600 sq. ft. and a cabana approximately 700 sq. ft. The applicant desires to create a lot on Black Oak Lane in order to build a future house and sell the remaining piece which is approximately 4.38 acres in its entirety to a separate purchaser. The vacant lot that they are creating is approximately 62,255 sq. ft.

The applicant is requesting the following variances and waivers:

1. To allow 2 accessory structures on one lot which is a pre-existing condition.
2. The accessory building exceeds the permitted 1,000 sq. ft. The barn is approximately
1600 sq. ft. and is also a pre-existing condition which will stay with the original
homestead lot.

3. A waiver from the subdivision in that the proposed subdivision line is not
perpendicular to Thunderhead Place.

Mike Kelly asked Mr. Kirch if they will be able to address the comments he had in his letter dated August 24, 2005 Mr. Kirch stated he will be able to do this.

In answer to Mayor Martel’s question regarding the discrepancy in the Boswell report and the Burgis Associate report for the proposed lot size for the 2 lots, Mr. Kirch stated Lot 9.02 is 62,255 sq. ft. and the homestead Lot 9.01 is 190,831 sq. ft.

In answer to Mr. DaPuzzo’s question, Mr. Kirch stated there are no wells or septics on site.

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

Ron Roberto, 63 Thunderhead appeared before the Board. He had a question regarding the saleable lot and whether or not it could be subdivided at a later date. The Board advised him that it could be possible if they meet all the criteria.

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

A motion to approve was made by Mr. Trent and seconded by Mr. Crean. A roll call of members present revealed 8 aye votes by Mr. Brotherton, Mr. DaPuzzo, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Rudolph.

B. DKT. #488 & #488-S – SMS DEVELOPERS, AIRMOUNT RD., BL.109,
LOTS 2 & 3

Bruce Whitaker, Esq., Attorney for the applicant appeared before the Board. This is the third public hearing for this applicant.

Mr. Whitaker indicated that they would be addressing the drainage improvements proposed for the subdivision.

He stated that the applicant agreed to the following items:

1. 96 replacement trees will be provided in addition to the required shade trees.
2. The water would be looped.
3. There will be sidewalks along Airmount Rd. as well as along one side of the new road. There would be lighting which would be on the roadside where the sidewalks are.

Mr. Whitaker recalled Mr. Kirch to explain the revised plans. Mr. Kirch stated they removed any of the detention facilities that are on the Paddington Square property line. The underground system was placed on the largest lot in the subdivision to the rear.

Mr. Whitaker stated that the drainage facility that is being proposed will be controlled by and maintained by a Homeowner’s Association.

The revised plans dated August 29, 2005 were marked “A-4”.

Under questioning by Mr. DaPuzzo, Mr. Kirch stated the rock wall on the southern line will remain. It will remain through the easement except where they have to bring the sewer line through. They will restore the rock wall in the area where it will be disturbed.

Mike Kelly questioned Mr. Kirch about his statement indicating there would be no disturbance within 50 ft. of the south property line. Mr. Kirch stated this area will remain undisturbed and they will revise the plans to reflect this.

Mike Kelly asked Mr. Kirch to review the tree removal plan for the Board. Mr. Kirch indicated that they would have to revise the plan.

Frederick Margron, P.E., R.E.M., C.E.A., 1813 Willow Oak Lane, Cedar Knolls, N. J. was sworn in. He stated his credentials and was accepted as an expert witness.

Mr. Margron prepared a Drainage Report dated August 2005. This was marked “A-5”.
Mr. Margron stated the storm water management facilities for this project were designed in accordance with the RSIS and N. J. Storm Water Best Management Practices Guidelines. He described the details of his report. He addressed the quantity management, the quality requirement and the ground water recharge requirement.

Under questioning by Mr. Whitaker, Mr. Margron stated the devices and the control structures which they are proposing have been approved by the NJDEP. He will provide a copy of the DEP approval for the filter if needed.

Mr. Margron stated that in connection with the soil logs, he received the results of the soil logs and they indicate that the soil is conducive to the type of system they are proposing.

Mike Kelly stated he is in receipt of the drainage calculations and they are being reviewed by his office. They are okay with the concept but their technical comments will be forwarded separately.

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

Bruce Bohuny appeared before the Board. He is the developer on the adjacent site due East. He indicated that with the detention basin being shifted from the rear of the property to the new location, it is at the point that protrudes deepest into his subdivision.
He had concerns about the fact that there is no buffer between the detention basin and his property. Dr. Ross suggested that Mr. Bohuny, Mr. Whitaker and Mr. Kelly have a meeting regarding this.

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

Public Hearing is continued on September 26, 2005.

VII. WORK SESSION:

A. T/A 05-2026 – J.P. PIZZA, 130 ROUTE 17 SOUTH

John J. Lamb, Esq. appeared on behalf of the applicant. The proposed tenant’s name is John Stewart of J.P.’s Pizzeria. The name is Jersey Boy’s Pizza and Subs LLC. The two owners are John Stewart and Mitch Baker.

Mr. Crean addressed the Police Department denial. Mr. Lamb indicated that the parking lot has been repaved and there is no striping. They will stipulate that they are willing to place the parking spaces around the Dunkin Donuts and the proposed restaurant. There are 14 spaces in front of the building and 7 on the side for a total of 21 spaces. Mr. Crean stated the parking lot is not in good condition. There are no entrance or exit signs.

Mr. Baker indicated that his lease with Dunkin Donuts states that the parking lot will be in good repair, the lot will be line striped and the soil is being worked on to be removed. If this is not done, Mr. Baker stated he will take the responsibility of the line striping and that there will be no potholes in the 14 parking spaces allocated to him. They agree to this as a condition of approval. The Board still has concerns regarding the truck traffic and parking on the lot.

Dr. Ross asked that a tentative approval be given based on the following conditions:

1. Subject to approval from the various Boards and Commissions of the Town such as the Police Dept. and Board of Health.
2. The line striping be done
3. The truck traffic is limited away from their area.
4. Entrance and exit signs

A motion to approve with the above conditions was made by Mr. Trent and seconded by Mr. Brotherton. A roll call of members present revealed 6 aye votes by Mr. Brotherton, Mr. Jandris, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Rudolph and 2 abstentions by Mr. DaPuzzo and Mayor Martel.

B. “MAC MANSION/KNOCK DOWN ORDINANCE” - DISCUSSION

Mr. Burgis started the discussion regarding the definition of “Mac Mansions”. He stated there are 3 or 4 regulatory approaches to address the issue. The most common one is the use of the floor area ratio (F.A.R.). He described the surrounding municipalities and how they determined the F.A.R. number. He also described the other approaches.

Mr. DaPuzzo indicated that the Township has limitations on lot coverage, improved lot coverage and does not feel there is a need for a “Mac Mansion Ordinance” in this town. The Board members agreed. Mr. Burgis stated that in his experience they create more problems than they are often worth.

Mayor Martel recommended they go back to the Council indicating that they do not want to address this issue.

Mr. Burgis suggested they address this issue with the Master Plan re-examination which is scheduled to be completed in 2006. At that time they could do a detailed study.

C. ZONING MAP DISCUSSION

There are corrections needed to be made to the zoning map prepared by Jason Kasler. A motion to authorize Jason Kasler for up to 4 hours to make the necessary corrections was made by Mr. DaPuzzo and seconded by Mr. Rudolph. A roll call revealed 8 aye votes by Mr. Brotherton, Mr. DaPuzzo, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Rudolph.

D. PROPOSED OUTDOOR SALES ORDINANCE - DISCUSSION

Mr. DaPuzzo started the discussion regarding outdoor sales. He stated that the A & P would have outdoor sales of flowers, etc. for different holidays. It was brought to the attention of John Lane that it is not legal within our ordinance. They were then told they could no longer do that. The A & P then requisitioned from the Council to request to be able to have outdoor sales. Since the ordinance did not give a way for the Council to give permission legally they were not able to grant this. The Council decided to look at this ordinance in general in order to allow certain businesses to sell things during seasonal times.

Mr. DaPuzzo stated that the Town Council has formed an ordinance (No. 1522) and if they are going to make an ordinance change the Planning Board has to look at it to see if it is consistent with the Master Plan. The ordinance has been introduced on the Council level and the Planning Board has 35 days to respond.

The Board had the following recommendations:

1. Four (4) feet from the curb line instead of two (2) feet
2. Winter holiday season – 45 days
3. All other holiday seasons 30 days
4. Cannot block existing parking spaces
5. Add private sidewalks to subparagraph 8 after “public sidewalks”

The permits will be issued by the Council.

VIII. ADJOURNMENT

A Motion to adjourn was made by Mayor Martel and seconded by Mr. Trent. All voted in favor. The meeting was adjourned at 9:30 p.m.



These minutes were prepared by Rosalie DeMartino.




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