TOWNSHIP OF MAHWAH PLANNING BOARD
REGULAR/WORK SESSION MEETING MINUTES
MUNICIPAL BUILDING, 475 CORPORATE DRIVE, MAHWAH, N.J.
MONDAY, APRIL 23, 2012 AT 7:00 P.M.
I.
CHAIRMAN’S OPENING STATEMENT, ROLL CALL, FLAG SALUTE
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 7:08
p.m. by Mr. Sherer. The Opening Statement was read according to the Sunshine Law followed
by the flag salute.
These minutes are a synopsis of the meeting. A verbatim audio recording is on file at the
Planning Board Office, 475 Corporate Dr., Mahwah, N. J. Copies may be purchased for a fee.
The following individuals were present:
Mr. Sherer
Mayor Laforet
Mr. Crean
Mr. Donigian
Mr. Rudolph
Mr. Ervin
Mr. Jandris
Mr. Weixeldorfer
Mr. Van Duren
Mr. Mordaga
Professionals: Peter J. Scandariato, Esq., Joseph Layton, P.P., Michael Kelly, P.E.
The following individuals were absent:
Ms. Stein
II.
APPROVAL OF BILLS:
Maser Consultants
Maser Consultants
Meeting Attendance – 3/12/2012
Meeting Attendance – 3/26/2012
$200.00
$200.00
Motion to approve all bills was made by Mr. Crean and seconded by Mr. Weixeldorfer. A roll
call of members present revealed 9 aye votes by Mayor Laforet, Mr. Crean, Mr. Donigian, Mr.
Rudolph, Mr. Sherer, Mr. Ervin, Mr. Jandris, Mr. Weixeldorfer, and Mr. Van Duren.
III.
APPROVAL OF MINUTES – March 12, 2012 & March 26, 2012
Motion to approve all minutes was made by Mr. Rudolph and seconded by Mr. Weixeldorfer. A
roll call of members present revealed 9 aye votes by Mayor Laforet, Mr. Crean, Mr. Donigian,
Mr. Rudolph, Mr. Sherer, Mr. Ervin, Mr. Jandris, Mr. Weixeldorfer, and Mr. Van Duren.
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MAHWAH PLANNING BOARD
REGULAR/WORK SESSION MEETING MINUTES – MONDAY, APRIL 23, 2012
IV.
RESOLUTION(S)
A)
Resolution of the Township of Mahwah Planning Board, Receipt and Acceptance of
Plans from Bergen County Police and Fire Academy, 281 Campgaw Road
Motion to waive the reading and adopt the resolution was made by Mr. Rudolph and seconded
by Mr. Donigian. A roll call of members present revealed 8 aye votes by Mayor Laforet, Mr.
Crean, Mr. Donigian, Mr. Rudolph, Mr. Sherer, Mr. Ervin, Mr. Jandris, and Mr. Weixeldorfer.
B)
Resolution recommending to the Township Council the adoption of Ordinance No 1706.
An Ordinance Amending the Land Development Ordinance of the Township of Mahwah
to Update Submission Requirements for Applications for Development.
In response to Mr. Rudolph, Mr. Scandariato referred to paragraph IV in the Resolution for
clarification.
Motion to waive the reading and adopt the resolution was made by Mr. Crean and seconded by
Mr. Ervin. A roll call of members present revealed 8 aye votes by Mayor Laforet, Mr. Crean,
Mr. Donigian, Mr. Rudolph, Mr. Sherer, Mr. Ervin, Mr. Jandris, and Mr. Weixeldorfer.
V.
OPEN TO THE PUBLIC – 15 MINUTES
Motion to open the meeting to the public was made by Mr. Jandris, seconded by Mr. Crean and
declared unanimously carried by Mr. Sherer.
Greg Haner, 10 Split Rock Road expressed concerns over the access to Stag Hill Road and the
proposed Crossroads development. Mr. Sherer advised the Township enlisted the help of a
traffic expert to work on this issue. Mayor Laforet informed a possible solution included a
cloverleaf off of Mountainside Avenue onto Route 17S to avoid the intersection at Stag Hill
Road and possibly reduce traffic. In response to Mr. Haner, Mr. Scandariato emphasized the
public comments should be considered and noted the public had the opportunity to offer further
information at the end of the hearing for Crossroads. Mr. Kelly informed the public could
submit letters to DOT regarding their traffic concerns; all information is with the Township
Clerk.
Gottardo DiGiacopo, 7 Oak Terrace, expressed concern over the truck stop near the
Mountainside Avenue/Stag Hill Road intersection at Route 17S. He stated there would be no
manageable traffic solution with the presence of the truck stop. Mr. Scandariato advised
questions or comments about applications should be made during the public portion of the Public
Hearing for that application, as that is the only portion that is part of the record for the
application.
Motion to close the meeting to the public was made by Mr. Crean, seconded by Mr. Rudolph and
declared unanimously carried by Mr. Sherer.
At this time, Mr. Sherer referred to Item No. VII. B) 1.
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MAHWAH PLANNING BOARD
REGULAR/WORK SESSION MEETING MINUTES – MONDAY, APRIL 23, 2012
VI.
PUBLIC HEARING(S) –
A)
Docket #537A-PF, N.P. Realty, Inc. (Roxanne’s) Block(s) 71 Lot(s) 6 & 7, 150 Franklin
Turnpike.
Ernest Nuzzo, Esq., Tom Ashbahian, P.E., and Peter Kirch, P.E, appeared before the Board on
behalf of the applicant. Mr. Kirch reviewed the application, addressing points 8a-c in a letter
from Boswell Engineering dated 04/02/2012. Mr. Ashbahian explained the final plan allowed
emergency vehicles and customers to enter and exit the property at two points and the driveway
would better meet ingress and egress on site. In response to Mr. Kelly, Mr. Ashbahian
confirmed the setback at the west side dropped to 1.5 feet adjacent to the railroad and the County
has jurisdiction on the driveway access. He added loading would be conducted at the rear of the
building during off-hours in the mornings and explained smaller parking spaces were common
for this type of use. Regarding item 10, Mr. Ashbahian noted the driveway widths and curb drops
would remain the same.
The applicant reviewed and agreed to comply with items 11-18 and 23-32. Mr.
Ashbahian further explained as follows: additional landscaping would be provided along with the
5 replacement trees proposed; the proposed parking increase exceeded the requirement for the
site and no valet would be initiated; the applicant sought to keep the lights on until 5 a.m., as is
currently done; also, handicapped parking was increased; and the applicant will comply with all
County requirements once received.
Mr. Layton advised the impervious coverage at the site was greater than any landscaping
and added additional plantings could improve the application. In response to Mr. Crean, Mr.
Ashbahian explained the trees on the north and west ends of the property were removed-one was
on the curb line and the owner was concerned about another larger tree causing damage in
storms.
In response to Mr. Crean and Mr. Donigian, Mr. Kelly advised there were no issues with
the proposed setback and clarified drainage on Franklin Turnpike. In response to Mr. Donigian,
Mr. Kirch explained the applicant would agree to install six-foot trees to create screening at the
spaces in question and the landscape plan would be enhanced. Mr. Kelly and Mr. Scandariato
advised the applicant’s testimony/agreements be made conditions of approval. In response to
concerns expressed by the Board, Mr. Scandariato informed sale of the adjacent lot could not
result in the use of that lot for parking, as it is not a permitted use.
In response to Mr. Jandris’ concerns over ingress and egress, Mr. Ashbahian referenced
the “dead end” created by making a one-way entrance at one end of the site; he suggested
waiting to see the decision by the County. Mr. Kelly anticipated no additional issues, as the site
operated as a two-way at the current entrance.
Motion to open the meeting to the public was made by Mr. Rudolph, seconded by Mr. Donigian
and declared unanimously carried by Mr. Sherer.
Rich Wolff, 6 Stonewall Court and Chairman of the Environmental Commission, explained the
Environmental Commission sought to have a 1:1 ratio for replacement trees as indicated in the
Code for a 1:4 replacement ratio, as the parking lot was not a new structure. He felt all trees
could be replaced on site and expressed concern over the greater number of parking spaces to
available seats in the restaurant. Mr. Kelly advised large landscaping plans were provided and
there was also a large lawn area south of the building.
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MAHWAH PLANNING BOARD
REGULAR/WORK SESSION MEETING MINUTES – MONDAY, APRIL 23, 2012
Motion to close to the public was made by Mr. Weixeldorfer, seconded by Mr. Donigian and
declared carried by Mr. Sherer.
In response to Mr. Crean, the applicant agreed to provide a bench; the location to be determined
by Mr. Kelly.
Motion to approve the application with conditions was made by Mr. Weixeldorfer and seconded
by Mr. Donigian. A roll call of members present revealed 9 aye votes by Mayor Laforet, Mr.
Crean, Mr. Donigian, Mr. Rudolph, Mr. Sherer, Mr. Ervin, Mr. Jandris, Mr. Weixeldorfer, and
Mr. Van Duren.
Mr. Sherer recessed the meeting at 8:35 p.m.
Mr. Sherer resumed the meeting at 8:44 p.m.
B)
Docket #535P, Crossroads Developers Associates, LLC, Preliminary Site Plan
Application, Block(s) 26 Lot(s) 2, 10 and 11, Block(s) 183 Lot(s) 1, 1 International
Boulevard. (Continuation from April 9, 2012)
At this time, Mr. Van Duren recused himself.
James Delia of Wells, Jaworski, and Liebman appeared before the Board representing the
applicant. He gave brief history of the application and noted Charles Dietz would be giving
testimony on architecture. Mr. Delia submitted and marked new exhibits.
Charles Dietz, Dietz LLC, appeared before the Board on behalf of the applicant. Mr. Dietz
reviewed the artistic renderings with the Board, explaining they were a work in progress and all
tenants and signage in the renderings were theoretical. Mr. Dietz informed Building D would be
altered to meet the rear elevation requirements and Building A would be updated to reflect the
square footage split. He detailed specific renderings, noting various materials used across
buildings, fabric awnings, outdoor seating, and additional landscaping throughout the pedestrian
development. All buildings met the requirements for 35 feet and the movie theatre is at 48 feet.
In response to Mr. Delia, Mr. Dietz explained requests by Maser Consulting were
addressed and many solutions were implemented in these renderings. Also, locations for refuse
disposal would be determined upon tenancy. In response to Mr. Sherer’s discontent with the
renderings, Mr. Dietz explained the renderings were conceptual and the streetscape specifics
could be altered to fit the Board’s preferences; the Board could request the applicant to complete
the design as pictured in the renderings. In response to Mr. Kelly, Mr. Sherer agreed it would
not be feasible to have every tenant meet with the Engineer to review façade specifics.
In response to Mr. Weixeldorfer, Mr. Dietz did not anticipate the large box stores to be
constructed until tenancy is known. Those store façades would most likely be discussed and
constructed to meets the expectations of the tenant and the requirements set forth by the
Township. Standards would be distributed to tenants and they would have to comply; in the past,
this has worked at other developments. In response to Mayor Laforet, Mr. Dietz confirmed the
applicant had the intent to abide by and enforce all architectural guidelines/themes set forth by
the Board, the Ordinances and the professionals. Mr. Delia and Mr. Dietz suggested specific
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MAHWAH PLANNING BOARD
REGULAR/WORK SESSION MEETING MINUTES – MONDAY, APRIL 23, 2012
suggestions for materials be discussed/approved based upon the Ordinance guidelines in order
for those specifics to become conditions of approval for future tenants.
At the request of Mr. Sherer, Mr. Dietz agreed to input additional pavers and benches
throughout the renderings/plans. In response to Mr. Delia, Mr. Kelly explained the future tenants
would meet with the Board regarding use and structure for approval. Mr. Dietz informed the
plans created by the Board, once approved, would be used to keep tenants in line with the
specific standards set forth by the Board. Mr. Scandariato advised any changes to this approved
plan/theme would have to be requested by the tenant to the Board.
In response to Mr. Sherer and Mr. Crean, Mr. Dietz explained he would be designing the
decorative lighting of the building façades and the movie theatre would revert to the maximum
height of 35 ft if it did not become a movie theatre. Mr. Dietz informed the applicant agreed to
include LED lighting and noted he would return to address all comments from Boswell.
Motion to open the meeting to the public was made by Mr. Jandris, seconded by Mr. Rudolph
and declared unanimously carried by Mr. Sherer.
Lynne McLewin, Mahwah resident, expressed concerns over the sidewalk widths. Mr. Dietz
informed the sidewalks were larger in the town center area, but all sidewalks were not less than
10 ft wide.
Phyllis Stewart, 617 Blue Ridge Lane, requested solar panels be placed on the buildings to
produce energy for the site. Mr. Dietz informed it was difficult to recoup the cost of installing
solar paneling, as tenants pay the electric bills on site.
Susan Stedtler, 194 West Ramapo Avenue, questioned why the façade could not be finished until
a tenant was chosen. Mr. Dietz explained the façades would be altered once tenants are chosen,
but the façades would meet the requirements of the Board. In response to Ms. Stedtler, Mr.
Delia explained tenants would not be known until the Board approves the application. Mr. Dietz
explained the applicant would not be satisfied with use of exposed metal on the façades of the
buildings and the artistic renderings were based off of the Ordinances and personal aesthetic
preference of the applicant.
Joey Bourgholtzer, 29 Hillside Avenue, questioned who would pay for the façade treatments.
Mr. Dietz explained this would be discussed between the tenant and landlord. In response to Ms.
Bourgholtzer, Mr. Kelly explained the height of the building would be 35 ft even if the grade is
increased. Ms. Bourgholtzer expressed her opinion the applicant was not willing to do anything
beyond the scope of the Ordinances.
Greg Haner, 10 Split Rock Road, questioned if the applicant would accept aesthetic guidelines
beyond those required by the Ordinances. The applicant stated it was too early to agree to
guidelines that have not been created. Mr. Sherer noted the applicant seemed open to
suggestions on creating aesthetic guidelines.
Fred Stedtler, 194 West Ramapo Avenue, expressed the desire to have a guarantee the guidelines
are followed and the concepts will follow through to the final build. Mr. Sherer trusted the
applicant would work with the Board in order to get approval; this would take time.
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MAHWAH PLANNING BOARD
REGULAR/WORK SESSION MEETING MINUTES – MONDAY, APRIL 23, 2012
Greg Haner, 10 Split Rock Road, questioned the timeline for construction. Mr. Delia informed
the site would most likely take 2 to 3 years to complete the 600,000 sq ft without interior.
Phyllis Stewart, 617 Blue Ridge Lane, addressed the applicant. Mr. Dietz explained there was a
specific amount of impervious coverage permitted onsite and a civil engineer and landscaping
architect were on staff to review.
Motion to close to the public was made by Mr. Jandris, seconded by Mr. Rudolph and declared
carried by Mr. Sherer.
The applicant agreed to extend the application through June 30, 2012. Mr. Sherer advised the
next public hearing for Crossroads would take place on May 7, 2012. Mr. Kelly requested the
Phase 1 and Phase 2 environmental studies be submitted at least 10 days prior to the next
meeting.
Mr. Sherer referred to Item No. VIII.
VII.
WORK SESSION:
A)
COMMITTEE REPORTS
B) OLD BUSINESS
1. ADPP Enterprises, Inc., T/A # 12-0017, Block(s) 59 Lot(s) 17, 261 Route 17 North.
Andrew Kohut, Wells, Jaworski and Liebman, explained the applicant was appearing to request
permission to reinstall the gasoline pumps and islands at their previous locations.
Jasvinder Arjani, P.E. of Bertin Engineering Associates, appeared before the Board and reviewed
the letter from Boswell Engineering dated 04/19/2012. He explained the islands and dispensers
would be installed at their exact prior location; he confirmed there would be no overnight
parking at this time and only 2 employees would be on site without designated employee
parking. He added items stored indoors would only be those necessary to pump gasoline and the
applicant would not exacerbate the existing signage. The applicant agreed to items 13i and 13j
and to complete the As-Built survey. Mr. Arjani informed no striping or landscaping would be
done at this time; however light fixtures would be reinstalled at their previous location.
Mr. Kelly advised the layout of the property was the same as previously mentioned and
recommended the waiver be granted for refacing current signage. He further recommended
performance bonds be posted for the soil movement application, as the Township would be
covered the same and would not take as long as a developer’s agreement. Mr. Kohut informed
the current bond was $300,000 and agreed to review for any necessary adjustments.
In response to Mr. Kelly, Mr. Arjani informed parking at the front of the new building
may require relocation of the pumps in Phase 2; however, this would only take place if the
parking caused issues with fueling. In response to Mr. Kohut, Mr. Kelly explained the pump
location was not to be used as a hardship for a request for waivers during future construction;
Mr. Arjani agreed to this. In response to Mr. Crean, Mr. Kelly informed he set the bonds and
would be greater than previously set. In response to Mr. Jandris, Mr. Arjani informed employee
parking would be located in the paved area to the right and left of the garage; garbage disposal
would be at the rear of the building. In response to Mr. Sherer, Mr. Kohut informed the Phase 2
application was already submitted.
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MAHWAH PLANNING BOARD
REGULAR/WORK SESSION MEETING MINUTES – MONDAY, APRIL 23, 2012
Motion to approve the application with a waiver for signage was made by Mr. Crean and
seconded by Mr. Rudolph. A roll call of members present revealed 9 aye votes by Mayor
Laforet, Mr. Crean, Mr. Donigian, Mr. Rudolph, Mr. Sherer, Mr. Ervin, Mr. Jandris, Mr.
Weixeldorfer, and Mr. Van Duren.
At this time, Mr. Sherer referred to Item No. VI.
C)
NEW BUSINESS- none to present
VIII. ADJOURNMENT
Motion to adjourn the meeting at 10:12 p.m. was made by Mr. Ervin, seconded by Mr. Van
Duren and declared unanimously carried by Mr. Sherer.
Provided to the Planning Board
on June 8, 2012 for approval at
the Regular Meeting to be held
June 11, 2012
Donelle Bright
Planning Board Recording Secretary
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