TOWNSHIP OF MAHWAH PLANNING BOARD
MINUTES
MARCH 13, 2006
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 (left 7:08 p.m.), Mayor Martel,
Dr. Ross, Mr. Crean, Ms. Richter, Mr.Donigian, Mr. Rudolph, Mr. Sherer.
ABSENT:
Mr. Trent
PROFESSIONALS: Peter Scandariato, Esq., Mike Kelly, P.E., Joe Burgis, P.P.
II.
APPROVAL OF BILLS
2/24/06
Burgis Associates, Inc.
$200.00
A motion to approve the bills was made by Mr. Brotherton and seconded by Mr. Crean.
All voted in favor.
III.
APPROVAL OF MINUTES
The following is to be added to the minutes of February 13, 2006:
Page 4 – Paragraph 9: Add the following: “Mr. Jandris asked the applicant to prepare a
revised parking plan showing the proposed parking spaces.”
A motion to approve the minutes of February 13, 2006 and February 27, 2006 was made
by Mr. Brotherton and seconded by Mr. Donigian. All voted in favor.
IV.
MEMORIALIZING RESOLUTIONS
FROM MEETING OF FEBRUARY 27, 2006:
Planning Board Minutes
March 13, 2006
Page 2.
1.
2.
3.
4.
E-BD-216-1911 – RON & KATHY KNIGHT, 4 BROOK COURT
DKT. #467 – MAHWAH/GREENWAY LLC, FOREST RD. & GREENE ST.
DKT. #493 – FRASCO HOMES, 27 BEVERIDGE RD.
TA06-2006 – GRACIE OF MAHWAH, 107 MILLER RD.
A motion to approve was made by Mr. Donigian and seconded by Mr. DaPuzzo. A roll
call of eligible members revealed 8 aye votes by Mr. Brotherton, Mr. DaPuzzo, Mayor
Martel, Dr. Ross, Mr. Crean, Mr. Donigian, Mr. Rudolph and Mr. Sherer. Mr. Rudolph
recused himself from Dkt. #467.
V.
OPEN TO THE PUBLIC
A motion to open the meeting to the Public was made by Mr. Rudolph and seconded by
Mr. DaPuzzo. All voted in favor.
A motion to close was made by Mayor Martel and seconded by Mr. DaPuzzo. All voted
in favor.
VI.
PUBLIC HEARING
A.
DKT. #456A-2 – VALLEY REGIONAL MEDICAL CENTER, 400
FRANKLIN TURNPIKE
Joseph Behot, Attorney for the Applicant appeared before the Board.
Mr. Behot recalled Mr. Frank, Architect. He was previously sworn. Mr. Frank addressed
A-3. The lower plan shows they are proposing to relocate the dumpster to the
northwestern corner and re-stripe some of the area along the back property line that now
has 30 spaces to provide for 24 spaces. This will eliminate 6 spaces in order to provide a
ramp to access the upper parking level. There will be additional parking in the
northeastern corner. There will also be an additional space provided when re-striping for
the handicap spaces.
The upper level shows the future parking deck if needed with an additional 25 parking
spaces. There will be a net gain of 16 parking spaces. Mr. Frank stated there will be
some additional parking spaces along Franklin Turnpike which would be a net gain of 24
spaces or 25 spaces when they re-stripe for the handicap parking spaces. Mr. DaPuzzo
suggested they try to provide a few more spaces if possible.
Mike Kelly asked if the applicant could move the north entrance further to the north
which would enable them to pick up a few more spaces on the westerly side. The
existing plan does not show any topographic contours and Mike asked that this
Planning Board Minutes
March 13, 2006
Page 3.
information be shown on the engineering plans that have the topo prepared by a licensed
land surveyor.
Mr. Donigian was in favor of Mr. Kelly’s suggestion about moving the entrance since he
had a concern regarding the 7 isolated spots being a traffic concern even though it is
“entrance only”.
Mike Kelly stated that the construction of the parking garage would result in a number of
additional non-conformities which are as follows:
1. The area of an accessory structure will cover 57% of the rear yard where 25% is
permitted.
2. The garage is up against the existing building. The code requires a minimum of
20 feet.
3. Rear yard setback is 7ft. where 65 feet is required.
4. Side yard setback is 21 feet where 25 feet is required.
In answer to Mr. DaPuzzo’s question, Mr. Frank stated that at the present time they have
151 parking spaces and with the additional 7 parking spaces they will be at 158.
Mr. Kelly indicated that at the last meeting the applicant stated that they would supply the
town with a parking summary and traffic analysis. They have not done so to date.
Mr. Frank stated that they are proposing some buffering along the southern portion of the
property. Dr. Ross indicated that he would like some plantings along the Franklin
Turnpike side.
Mr. Donigian discussed the fact that there was another same day surgery facility located
in Ramsey and asked that there be additional testimony regarding the positive criteria
with the construction of this operation in Mahwah.
A motion to open the meeting to the Public was made by Mr. DaPuzzo and seconded by
Mr. Brotherton. All voted in favor.
A motion to close was made by Mr. DaPuzzo and seconded by Mr. Crean. All voted in
favor.
Planning Board Minutes
March 13, 2006
Page 4.
Mr. Behot recalled Gary Dean, Traffic Expert. Mr. Dean stated that they performed two
additional traffic studies and found that they are consistent with the testimony he
presented at the prior hearing.
Dr. Ross had a concern about the commuter parking. Mr. Behot stated the applicant is in
the process of retaining a security firm to be there during the early hours.
Mr. Dean stated he will submit the traffic analysis and traffic study to Mike Kelly.
A motion to open the meeting to the Public was made by Mr. DaPuzzo and seconded by
Mr. Brotheron. All voted in favor.
A motion to close was made by Mr. DaPuzzo and seconded by Ms. Richter. All voted in
favor.
Mr. DaPuzzo asked that the applicant submit a parking diagram both with the future
parking and without future parking.
Public Hearing is continued on April 24, 2006.
VII.
WORK SESSION:
A. DKT. #451-A – MACARTHUR RIDGE, RIDGE RD.
The applicant has submitted an amended site plan for the relocation of the dumpster. The
relocation would eliminate 1 parking space bringing the count to 112. The site
requirement is 111 spaces. The dumpster would be enclosed with a solid 6 foot fence.
There is a screening of arborvitae on two sides of the dumpster. Ms. Winokur informed
the applicant that a 6 foot fence is not permitted in the front yard. Mr. Rotonda stated
that he would measure the height of the dumpsters to see if a 4 foot fence would be
sufficient to cover the dumpsters. If not they will have to come back for a public hearing
since they will need a variance for a fence higher than 4 feet in the front yard.
The application will be carried to April 24, 2006.
B. OLD/NEW BUSINESS:
1. MONTALBANO REZONING REQUEST- BL. 21, LOTS 21-23 &
24 (PARTIAL)
Mr. Burgis stated that he appeared before the Council for the rezoning request and the
Council sent it back to the Planning Board.
Planning Board Minutes
March 13, 2006
Page 5.
The applicant was looking to rezone 7.7 acres located in the R-40 zone. They asked for a
PRD-6 to allow the construction of 26 patio homes and 2 single family dwellings which
are to be age restricted dwellings. Mr. Burgis stated that the PRD zone does not permit
two family housing and does not limit one to age restricted housing.
Mr. Burgis described the property which is known as the “junk yard” at this time. There
is also a dwelling on the property. He also described the surrounding development
pattern.
Mr. Burgis addressed the applicant’s Planner’s updated report to respond to some
questions raised by Mr. Burgis. The one critical point is why they need the 5 times
increase in density based on what the applicant indicated is the environmental cost
associated with the cleanup.
Mr. Burgis stated that if the applicant wants to pursue this, the PRD6 zone does not make
sense. There is no current zone district that is consistent with the applicant’s request.
Mr. Donigian addressed the Burgis report reading from Page 4 first paragraph indicating
that the proposed rezoning from a low density residential use to a much higher density
residential use would undoubtedly provide a greater incentive to redevelop a pre-existing
nonconforming property. The current use of the site as a junkyard and storage area for
commercial vehicles represents a negative aesthetic for the surrounding area. However,
Mr. Burgis asked why a five-to-six fold increase is necessary.
Mr. Donigian also addressed the February 16, 2006 Environmental Report by GeoEnvironmental, Inc. He was very concerned about this report. Portions of this site soils
are currently contaminated. He also had concerns about ground water problems. This
property is within 1,000 ft. of one of the largest producing wells (No. 19). Mr. Donigian
contacted Mr. Morris of GZA and asked if he reported his findings of this contamination
to the NJDEP. Mr. Donigian stated that as of today’s date there was no reported case
with the NJDEP. Mr. Donigian will contact Mr. Stu Ostrow of the Mahwah Board of
Health Department. Mr. Donigian is in agreement with Mr. Burgis’ report stating that in
his opinion the construction of 6 single family homes instead of the proposed 26 patio
homes would suffice.
Dr. Ross indicated that before the Planning Board considers any plan, it should be
determined to see what it would take to clean up the site.
Mr. Brotheron was not in favor of age restricted housing. Mr. Burgis indicated that many
counties are realizing there is a lot of merit to luxury age restricted housing since they
generate a lot of tax dollars and have no impact on the school system. Mr. Burgis stated
he was focusing on density in his report. He suggested that the Board should separate out
the age restricted issue from the density issue.
Mr. DaPuzzo made a motion stating that the Planning Board does not feel that the
rezoning of this property into a higher density development is consistent with the Master
Plan and the design of the Rio Vista Area and seconded by Mr. Brotherton. Mr.
Donigian added that the property is located bordering the C200 zone and currently is in
the R40 zone and the proposed rezoning would bring it from a low density of R40 to a
higher density for residential use which would be inappropriate for the area. Mr.
DaPuzzo accepted the amendment. A roll call revealed 7 aye votes by Mr. Brotherton,
Mr. DaPuzzo, Mayor Martel, Mr. Crean, Mr. Donigian, Mr. Rudolph, Mr. Sherer and 1
nay vote by Dr. Ross and 1 abstention by Ms. Richter.
VIII. ADJOURNMENT:
A motion to adjourn was made by Mr. Crean and seconded by Mr. Donigian. All voted
in favor. The meeting was adjourned at 9:00 p.m.
These minutes were prepared by Rosalie DeMartino.