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TOWNSHIP OF MAHWAH PLANNING BOARD
MINUTES

JANUARY 9, 2006

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. Brotherton, Mr. DaPuzzo, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Donigian, Mr. Rudolph and Mr. Sherer.

ABSENT: Ms. Richter

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

II. APPROVAL OF BILLS

11/23/05 Joseph H. Burgis, Burgis Associates $ 800.00

12/21/05 Joseph H. Burgis, Burgis Associates $ 200.00

12/05 Peter J. Scandariato, Esq. $ 472.50

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

III. APPROVAL OF MINUTES

A motion to approve the minutes of November 28, 2005 was made by Mr. Brotherton and seconded by Mr. DaPuzzo. All voted in favor.

IV. MEMORIALIZING RESOLUTIONS

FROM NOVEMBER 28, 2005 MEETING:

1. DKT. #472, PAPANIAN & PAPANYAN, BL. 38, LOTS 1, 2 & 3.
2. E-BD-216-239-398, EXCLUSIVE HOMES, LLC., 72 BRAMSHILL DR.,
BL. 21.07, LOT 20
3. TA05-2035, RIDGEWOOD MOVING SERVICES CO., 575 CORPORATE DR.
BL. 127, LOT 11
4. #05-005T, SMS DEVELOPERS LLC., AIRMONT RD., BL. 109.01, LOTS 2 & 3

A motion to approve the Resolutions was made by Mr. Jandris and seconded by Mr. Rudolph. A roll call of eligible members revealed 9 aye votes by Mr. Brotherton, Mr. DaPuzzo, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Rudolph and Mr. Sherer.


Dr. Ross announced that the Public Hearing for Dkt. #461 –II – Vista Bahn Phase II, Preliminary Major Subdivision will not be heard at this meeting due to the fact that the list of property owners within 200 ft. was incomplete and several owners were not notified. The applicant’s engineer will give a general overview of the project and no questions will be allowed from the Board or Public. The meeting will be continued when all owners are notified properly.


V. OPEN TO THE PUBLIC

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

Alan Kidd, Esq. appeared before the Board with questions regarding Vista Bahn-II. He was opposed to the fact that no questions could be asked of this particular applicant. Dr. Ross, Mr. Burgis and Mr. Scandariato explained the procedures governed by the Municipal Land Use Law to Mr. Kidd.

Karen Peterson, Deerhaven Road appeared before the Board to comment on Vista Bahn Phase I. She had concerns about the icy patch of road by the Winter’s Farm House. Tibor Latincsics of Conklin Associates addressed her concern. He stated that he has advised the developer than an interceptor drain should be installed and the developer indicated that he will take remedial action.

Julie Williams, Dogwood Lane asked about the Highland Act for Phase I. Mr. Latincsics stated that it predates the Highland’s Act and is not in the Highland’s Preservation area.

Peggy Bost of Deerhaven Rd. had questions regarding the protection of property in the Highland’s planning area. Mr. Kelly responded stating that Phase I & II are both in the Highland’s planning area and there are no additional requirements that they need to meet. They need to meet the Township requirements. They are not in the Highland’s Preservation area.

Gus Vasiliadis, 1040 Ramapo Valley Rd. also had questions regarding the Highland’s Act. Mr. DaPuzzo described the area covered by the Highland’s Preservation Act.

Frank Peterson, Deerhaven Rd. referred to a letter from Mayor Martel to Senator Smith requesting that this area be taken out of the Highland’s Act. The State honored this request.

Ann Wolf, 38 Seminary Dr. also referred to the letter to Senator Smith.

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

Dr. Ross announced that the next Public Hearing for Dkt. #461-II for Vista Bahn Phase II will be February 13, 2006,

VI. PUBLIC HEARINGS

A. E-BD-216-1881, FRANKLIN TURNPIKE CONSTRUCTION, 707
RAMAPO VALLEY RD.

Thomas Van Dam, Attorney for the Applicant appeared before the Board.

Tibor Latincsics, P.E., Conklin Associates was sworn in. The application is for a soil movement approval for the construction of a single family home which was part of a minor subdivision which created lot 24.01, Block 21. Mr. Latincsics referred to a plan dated September 14, 2005. The lot is outside the Highlands Preservation area but is in the Highlands Planning area.

The total cut is 2,085 cubic yards and the total fill is 1,038 cubic yards for a net export of 1,047 cubic yards. The applicant is proposing to remove 96 trees and there will be 24 replacement trees. There is a wetland swale on the property for which an LOI has been applied for and the applicant is awaiting a reply from the State.

Mr. Latincsics stated they will comply with any comments or requests in the Boswell Engineering letter dated December 6, 2005.

Mike Kelly stated that if there are any changes based on the DEP comments, he recommends they come back before the Board.

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

Karen Peterson, Deerhaven Rd. had a question regarding The Highlands Preservation Act. Any action by the Planning Board is subject to DEP approval.

A motion to close was made by Mr. Trent and seconded by Mr. Rudolph. All voted in favor.

A motion to approve was made by Mr. Trent and seconded by Mr. Rudolph. A roll call revealed 10 aye votes by Mr. Brotherton, Mr. DaPuzzo, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Donigian, Mr. Rudolph, Mr. Sherer.

B. E-BD-216-239-400 – EMPIRE DEVELOPMENT, 50 GREAT HALL RD.

Tibor Latincsics, P. E., Conklin Associates was sworn in. The applicant is seeking a soil movement approval for the construction of a single family home.

Mr. Latincsics stated there will be a volume of cut of 2,047 cubic yards, volume of fill 2,063 cubic yards and a net import of 16 cubic yards. This includes the construction of a pool.

A total of 56 trees will be removed and there will be 14 replacement trees.

Mr. Latincsics stated they will comply with the requests and comments in the Boswell Engineering Report dated November 29, 2005.

The applicant has received a Soil Conservation District approval. There are no wetlands on site.

Mike Kelly stated the applicant needs a waiver to create slopes up to 1V:3H from1V:4H that is permitted by the code. Mr. Kelly asked that they revise the plan to show or label all the dead trees.

Mr. Jandris asked about the pool water drainage. Mr. Latinscics stated it will drain into the seepage pit. Mr. DaPuzzo asked that the plan show the exit of the pool water going into the seepage pit. He also asked that the wall be built to code.

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

A motion to close was made by Mr. Trent and seconded by Mr. Rudolph. All voted in favor.

A motion to approve was made by Mr. Trent and seconded by Mr. DaPuzzo with abovementioned conditions.

Mr. Donigian had some concerns regarding the discharge of pool water into the seepage pit and felt this should not be a condition of approval. Mr. Scandariato stated that the DEP has regulations regarding pools and it should be left up to them. Mr. DaPuzzo removed this condition from his motion.

A roll call of members present revealed 9 aye votes by Mr. Brotherton, Mr. DaPuzzo, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Rudolph, Mr. Sherer.

C. DKT. #461-II – VISTA BAHN PHASE II

Bruce Whitaker, Attorney for the applicant appeared before the Board. He stated this will not be the commencement of a public hearing. He commented on the property owner list not being correct. However he stated that he did notice all property owners within 200 ft. that were on the list provided to him by the Tax Collector. According to the Municipal Land Use Law, this certified list is what the applicant is to rely on and Mr. Whitaker did notice these people. Although he has the right to continue the public hearing this evening, he chooses not to.

Mr.Whitaker also commented on the issue that certain members of the Public are communicating with some Board members. Mr. Scandariato explained that any letters from the Public written to the Board members regarding an application is not evidence and should not be considered. The only evidence that should be considered is what is presented to them under oath in this room. A letter was sent to the Board members regarding this issue.

The applicant’s Engineer will not give an overview of the project this evening.

Mr. Whitaker will obtain a corrected list and re-notice to all property owners on that list. The hearing will be carried to February 13, 2006.


The Public Hearing for Dkt. # 494 – Koestner will be heard later in the evening. At this time the Board went into work session.


VII. WORK SESSION:

A. COMMITTEE REPORTS

1. TA 05-2047 – DE SALES, 31 INDUSTRIAL AVE.
2. TA 05-2034 – GLENMARK PHARMACEUTICALS, 750 CORPORATE DR
3. TA 05-2039 – GARDEN STATE LUMBER, 100 CORPORATE DR.
4. TA 05-2038 – D & M HOLDINGS, 100 CORPORATE DR.
5. TA 06-2001 – TFI T/A BENCHMARK, 300 ROUTE 17 SOUTH

Mr. Trent recommended that all of the above tenant applications be approved. Since Garden State Lumber will be storing lumber and the Construction Dept. had some questions regarding the sprinkler systems being adequate, they are not to move into their building until they obtain all the approvals from the Building Department and Fire Code Officials. The applicant had an expert review this and submitted the information to the Construction Dept.

A motion to approve was made by Mr. Donigian and seconded by Mr. DaPuzzo. A roll call of members present revealed 10 aye votes by Mr. Brotherton, Mr. DaPuzzo, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Donigian, Mr. Rudolph and Mr. Sherer.


The Board returned to the Public Hearing portion:

D. DKT. #494 – STEVEN & KAREN KOESTNER, 201 E. CRESCENT AVE.

Mr. Koestner’s Attorney was not present at this time. Mr. Scandariato advised Mr. Koestner that he should have his Attorney present since this application has variances. Mr. Koestner chose to proceed without him.

Mr. Brotherton recused himself.

Steven Koestner, 61 Hudson Street, Hackensack, N. J. and Karen Ireland Koestner, 3 Rambling Brook Rd., Upper Saddle River, N. J. were sworn in.

Mr. Koestner stated the subject property, 201 East Crescent Ave is shown on a plan entitled Minor Subdivision of Lot 13, Block 127 dated October 7, 2005 and last revised December 29, 2005. Mr. Koestner described the existing property. The subdivision would create 2 lots that are 42,876 sq. ft. (Lot 13.02) and 42,436 sq. ft. (Lot 13.01). Both lots conform to the 40,000 sq. ft. requirement.

Mr. Koestner stated the in-ground pool will remain on site. There is a proposed dwelling shown for this site since a pool by itself is not a permitted use. They need a variance for this.

The existing house is hooked up to town sewers. The house is serviced by an existing water well.

Mr. Koestner stated he is seeking a variance for lot width. Proposed lot width for 13.01 is 132.33 ft. and 132.33 ft. for lot 13.02. The required lot width is 150 ft. per lot. He is also seeking a variance for an accessory structure on lot 13.01. Presently there are 4 structures. Mr. Koestner would like to keep 2 of these structures, the one story frame garage behind the house and the one story masonry garage. A portion of the masonry garage would be removed to conform to the bulk requirements. Mr. Koestner stated he proposes to renovate the house on lot 13.01 and construct a single family home on lot 13.02. Upon completion he would sell the house on lot 13.01 and reside in the house on lot 13.02.

Mr. Koestner stated that upon approval of the subdivision the existing Nursery would cease operation which he feels is a positive criteria since this is an existing non-conforming use in the R-40 zone.

David Russo, Attorney for the Applicant entered and appeared before the Board.

Mr. Jandris asked if the applicant tried to acquire any additional property from adjoining lots. Mr. Koestner stated he did not. Mr. Russo indicated that the adjoining properties may not conform if any of the property were to be sold.

Mike Kelly stated that the accessory structure, shed and chain link fence on the proposed lot must be removed before the subdivision plat could be finalized.

Regarding the pool remaining on site, the Board asked for a condition of approval that there be a time limit put on the construction of the new home or the pool will have to be removed.

Mr. DaPuzzo had concerns about the lot width and the fact that the property narrows towards the back.

Mr. Donigian had concerns about the pool. After a discussion regarding the pool remaining or being removed, Mr. Russo stated that the applicant would remove the pool immediately as part of the subdivision approval. Mike Kelly indicated that if removal of the pool is a condition of approval they can’t perfect the subdivision until the removal of the pool. They have to perfect the subdivision within 90 days.

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

Jim Angelo, 229 E. Crescent Ave. appeared before the Board. He indicated that the nursery is a non-functioning nursery. The nursery has been neglected and abandoned by the owner. He is objecting to the subdivision.

Stanley Krawczy=\\, East Crescent Ave. appeared before the Board. He basically stated the same facts as Mr. Angelo and is objecting to the subdivision.

John Brotherton, 249 E. Crescent Ave. endorsed the comments regarding the nursery operation. He feels the lots would not be in keeping with the character of the neighborhood as indicated by Mr. Burgis in his earlier statement.

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

Mr. Donigian asked the applicant to testify as to whether or not he knows this is an active nursery. Mr. Ross addressed the question. He is not certain how active the business is at this time. He did indicate that this is a pre-existing nonconforming use and their original intent was to keep the nursery. However, they decided to terminate this use and subdivide the property. Mr. Ross feels this termination more than outweighs the footage needed for the lot width variance.

There was a discussion regarding the use and whether or not it is a permitted use. Ms. Winokur stated she believes this is a pre-existing conforming use. Mr. Burgis indicated that the ordinance states that non use for one year constitutes abandonment. According to statements made by the public, this has not been used for almost 5 years. Mr. Scandariato stated this determination should be made by the Zoning Officer.

A motion to deny the application was made by Mr. Donigian and seconded by Mr. DaPuzzo. A roll call of members present revealed 8 aye votes by Mr. DaPuzzo, Mr. Jandris, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Donigian, Mr. Rudolph, Mr. Sherer and 1 abstention by Mayor Martel.

VIII. ADJOURNMENT

A motion to adjourn was made by Mr. Trent and seconded by Mr. Jandris. All voted in favor. The meeting was adjourned at 10:00 p.m.



These minutes were prepared by Rosalie DeMartino.



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