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TOWNSHIP OF MAHWAH PLANNING BOARD
MINUTES

JULY 10, 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 Dr., 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 (Left 7:30 p.m.), Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Ms. Richter, Mr. Donigian, Mr. Rudolph, Mr. Sherer.

ABSENT: Mr. Crean

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

II. APPROVAL OF BILLS

6/15/06 Burgus Associates, Inc. $400.00

6/20/06 Burgis Associates, Inc. $200.00

6/15/06 Harwood Lloyd $437.07

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

III. APPROVAL OF MINUTES

A motion to approve the minutes of June 12, 2006 was made by Mr. Rudolph and seconded by Mr. Trent. All voted in favor with abstentions by Mr. Brotherton, Mr. Jandris, Ms. Richter and Mr. Sherer.

IV. MEMORIALIZING RESOLUTIONS

A. APPOINTMENT OF PROFESSIONALS:

Planning Board Minutes
July 10, 2006
Page 2.

1. PETER SCANDARIATO, ATTORNEY – A motion to approve was made by Mr. Brotherton and seconded by Mr. Trent. A roll call revealed 9 aye votes by Mr. Brotherton, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Ms. Richter, Mr. Donigian, Mr. Rudolph and Mr. Sherer.

2. BOSWELL ENGINEERING – ENGINEER – A motion to approve was made by Mr. Brotherton and seconded by Mr. Trent. A roll call revealed 9 aye votes by Mr. Brotherton, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Ms. Richter, Mr. Donigian, Mr. Rudolph and Mr. Sherer.

3. MALCOLM PIRNIE – WATER/SEWER SPECIAL ENGINEER. A motion to approve was made by Mr. Brotherton and seconded by Mr. Trent. A roll call revealed 8 aye votes by Mr. Brotherton, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Ms. Richter, Mr. Rudolph, Mr. Sherer and 1 nay vote by Mr. Donigian.

4. BURGIS ASSOCIATES – PLANNER. A motion to approve was made by Mr. Brotherton, and seconded by Mr. Trent. A roll call revealed 9 aye votes by Mr. Brotherton, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Ms. Richter, Mr. Rudolph, Mr. Donigian, Mr. Sherer.

B. ATTORNEY RESOLUTION AND COMPENSATION

A motion to approve was made by Mr. Brotherton and seconded by Mr. Trent. A roll all revealed 9 aye votes by Mr. Brotherton, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Ms. Richter, Mr. Rudolph, Mr. Donigian, Mr. Sherer.

C. FROM MEETING OF JUNE 12, 2006

1. E-BD-216-1909 – K. HOVNANIAN AT MAHWAH VIII, INC. – VISTA VIEW
AND POCONO COURT – BIRCHWOOD HILLS

Mr. Donigian requested that a condition be added to the Resolution requiring the approval of Birchwood Hills Condominium Association.

2. DKT. #492 & #492S – CUMBERLAND FARMS, 261 ROUTE 17 N.

A motion to approve the above Resolutions with corrections was made by Mr. Rudolph and seconded by Mr. Donigian. A roll call of eligible members revealed 4 aye votes by Dr. Ross, Mr. Trent, Mr. Donigian and Mr. Sherer.

V. OPEN TO THE PUBLIC

Planning Board Minutes
July 10, 2006
Page 3.


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

A motion to close was made by Mayor Martel and seconded by Ms. Richter. All voted in favor.

VI. PUBLIC HEARINGS

A. DKT. #495 & 495S – GRAHAM ENTERPRISES, 184 FRANKLIN TPK.

John Spizziri, Attorney for the applicant appeared before the Board.

Mr. Spizziri stated that the applicant has come to an agreement with Dr. Mechanic, owner of the adjacent property 180 Franklin Turnpike with respect to the utilization of the 35 ft. easement.

Edward Trawinski, Attorney for Dr. Mechanic appeared before the Board to discuss the terms of the agreement. Mr. Trawinski stated that he will be revising the agreement between the Grahams and the Mechanics and will present it to the Board. The 35 ft. driveway apron at the inception of the easement on Franklin Turnpike will remain but as you get pass this apron the driveway will be reduced to 24 ft. in width and be a two-way driveway. Dr. Ross felt 24 ft. was not wide enough. Mr. Trawinski stated that whatever the appropriate width is according to the Township Engineer and the Planner’s design standards, they would abide by their recommendations.

In response to this concern, Mike Kelly stated that a 24 foot aisle width is the minimum requirement by the Town’s ordinance.

Mr. Spizziri recalled Thomas Ashbahian. The revised plan dated 5/31/06 was marked “A-2”. Mr. Ashbahian described the revised plans and stated that the driveway will continue to function as ingress and egress to both the Mechanic property and the Graham property. Mr. Ashbahian stated they are not proposing to add any parking but add driveway to allow cars to exit the dead end parking area into the current driveway. The landscape plan now has a more complete landscaping presentation on the driveway. They are proposing a handicap parking space that immediately adjoins a sidewalk that will follow around completely to the front of the building.

Mr. Ashbahian is requesting the elimination of a loading zone since he does not anticipate the need for one based on the type of use being proposed for this site. In exchange for this the applicant will create more green space in that area. Deliveries to this site are done by small panel type vans and not large trucks.
Planning Board Minutes
July 10, 2006
Page 4.

Regarding the Fire Department’s report with respect to Sherer Place, Mr. Spizziri asked Mr. Ashbahian to explain why it would not be necessary to have access to Sherer Place for emergency vehicles if this plan is approved. Mr. Ashbahian stated that with the joining of the two properties there will be 3 access driveways for emergency vehicles. If the Fire Department is insistent on having access to Sherer Place, there would be between 3 to 4 parking spaces eliminated. This would diminish the parking to 98 or 99 spaces and increase the request for a variance.

Dr. Ross had a concern regarding the 18 ft. width at the southernmost driveway and whether or not an emergency vehicle could enter the site if there was a disabled truck parked there. Dr. Ross also mentioned the report from Lieutenant Sinnaeve indicating that the Police Department is not in favor of a one way driveway. Mr. Spizzari stated that they would adhere to the request of the Police Dept. and Fire Dept. Dr. Ross read the Police Department report dated February 21, 2006 indicating that they do not want the southern driveway at all.

Mr. Jandris addressed the reports from the various township departments. He feels these comments and issues should be addressed before proceeding. Mr. Spizziri stated that he would have his experts address all the issues in question especially the police report which is the major concern of the Board members.

Mike Kelly recommended that for the portion of the 24 foot driveway that is outside of the access easement, the applicant obtain an access easement from the Mechanics. Mr. Spizziri indicated this is between the applicant and the Mechanics. Mayor Martel asked if the Mechanics could put a curb in that area which would impact that entrance. Mike Kelly indicated that it would reduce the driveway to less than 24 feet. He feels it is an issue that should be addressed. Mr. Spizzari stated they would look into this.

Mike Kelly asked Mr. Ashbahian if he could provide an emergency vehicle turning radii plan for vehicles accessing the site from Sherer Place. Mr. Ashbahian stated that Sherer Place is not a public right of way and not improved to anywhere near the standards of a public road. Mr. Ashbahian stated that he would meet with the emergency personnel and work out that movement within the applicant’s property only. Mike Kelly indicated that the Town’s Emergency Services need to see that emergency vehicles can access the parking lot.

Mike Kelly asked Mr. Ashbahian to review the new pavement that is proposed on the Mechanics property. Mr. Ashbahian stated there will be new curb and a 24 ft. aisle width. Mike Kelly asked Mr. Scandariato whether or not this would trigger an amended site plan application for the Mechanics. This matter will have to be looked into.


Planning Board Minutes
July 10, 2006
Page 5.

In answer to Mr. Donigian’s question, Mr. Ashbahian stated they are adding approximately 6500 sq. ft. and the upper floor will be 9,000 sq. ft. The second floor will be utilized entirely by Graham Associates and the first floor will be used for retail.

There was another discussion regarding Ray Roe’s report and the access to Sherer Place for emergency vehicles. Dr. Ross insisted that the applicant revisit this issue. Mr. Ashbahian stated they will meet with Ray Roe and Lieutenant Sinnaeve before the next public hearing to try and work out their concerns as well as the Board’s concerns.

Public Hearing will continue on August 28, 2006.

VII. WORK SESSION

A. COMMITTEE REPORTS

1. TA-06-2027 – RICK MARCHESI, 12 MOUNTAINSIDE AVE.
2. TA-06-2029 – LANE LABS, 27 MCKEE DR.

A motion to approve the above tenant applications was made by Mr. Brotherton and seconded by Mr. Donigian. A roll call revealed 9 aye votes by Mr. Brotherton, Mr. Jandris, Mayor Martel, Dr. Ross, Mr. Trent, Mr. Donigian, Ms. Richter, Mr. Rudolph and Mr. Sherer.

3. #06-004T – YOUNG WORLD DAY SCHOOL – TRAILER APPLICATION

The sub-review committee determined that this application should be turned over to a full Planning Board review or the Board of Adjustment.

VIII. ADJOURNMENT

A motion to adjourn was made by Mayor Martel and seconded by Ms. Richter. All voted in favor. The meeting was adjourned at 8:45 p.m.





These minutes were prepared by Rosalie DeMartino.







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