MAHWAH PLANNING BOARD

REGULAR/WORK SESSION MEETING MINUTES – MONDAY, AUGUST 22, 2011

TOWNSHIP OF MAHWAH

PLANNING BOARD REGULAR/WORK SESSION MEETING MINUTES

MUNICIPAL BUILDING, 475 CORPORATE DRIVE, MAHWAH, N.J.

MONDAY, AUGUST 22, 2011 AT 7:00 P.M.

I.  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 7:03 p.m. by Mr. Brotherton, 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 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. Brotherton

Mayor DaPuzzo

Mr. Crean

Mr. Rudolph

Mr. Sherer
Mr. Kelly

Mr. Ervin

Mr. Jandris

Ms. Stein

Mr. Martel

Professionals: Peter J. Scandariato, Esq., Joseph Layton, P.P., Michael Kelly, P.E.

The following individuals were absent:

Mr. Donigian

II.  APPROVAL OF BILLS:
Period - July 2011, Litigation Phillips Nizer, L.L.P. $486.00
Period- July 2011, General Phillips Nizer, L.L.P. $216.00
Motion to approve all bills was made by Mr. Crean, seconded by Mr. Rudolph and declared unanimously carried by Mr. Brotherton.

III.  APPROVAL OF MINUTES – None to Present

IV.  RESOLUTION(S) – None to Present

V.  OPEN TO THE PUBLIC – 15 Minutes

Motion to open the meeting to the public was made by Mr. Rudolph, seconded by Mr. Kelly and declared unanimously carried by Mr. Brotherton.

David Howard, 70 Elizabeth Lane, expressed his desire for the Board to make a clear recommendation to the Council regarding Ordinance #1698.

Mr. Scandariato clarified that the Board did not have the authority to prevent the Council from acting. He explained the Municipal Land Use Law and the process of finding Ordinance consistency with the Master Plan.

Joey Bourgholtzer, 29 Hillside Avenue, requested the Board find consistency with Ordinance #1698 and take action to make a recommendation to the Council this evening.

George Cimis, 75 North Bayard Lane, questioned why the discussion for Ordinance #1698 was not open to the public and requested additional time for feedback from the public. Mr. Scandariato explained that the meeting would be opened to the public, but it would be up to the Board to open it up for comments.

Mike Richards, 624 Blue Ridge Lane, hoped the Board would make a decision and respond to the Council by August 23rd.

In response to Susan Chin, 186 Mabie Court, Mr. Scandariato explained 9 members were present to vote. Mr. Brotherton confirmed the Board would vote on the decision for a Resolution.

Motion to close the meeting to the public was made by Mayor DaPuzzo, seconded by Mr. Jandris and declared unanimously carried by Mr. Brotherton.

VI.  PUBLIC HEARING(S) – None to Present

VII.  WORK SESSION:

A)  COMMITTEE REPORTS

B)  OLD/NEW BUSINESS

1.  E-BD-216-2445, Corinthian Construction, Inc., Block 147.02 Lot 61.04, 14 Bogert Court, Review of Plot Plan and Soil Movement Permit Application.

Mayor DaPuzzo clarified that the litigation caused by this Construction was mainly by Balfour Construction, not Corinthian, as previously mentioned in a prior meeting.

Mr. Eric Boe, owner of Corinthian Construction, introduced his Professional Engineer, Erik Boe, P.E., who would be representing the company. It was noted that as per the original subdivision approval a dwelling on this lot was not to have a basement. Erik Boe explained there would be no basement constructed, but rather a 6ft floor to floor unlivable crawlspace. It would be put in place as they are no longer permitted the 20% net increase in fill, as per current NJDEP regulations.

Mike Kelly advised this was required as per the DEP approval and informed there were no issues.

Mr. Kelly referred to the site plan and questioned how the applicant would intend to keep the roadway clean with the driveway stabilized with crushed stone. Mr. Boe explained the dirt would be removed from vehicles leaving the site or the street would be cleaned.

In response to Mr. Jandris, Mr. Boe noted there was approximately 5 feet between the floor joists and they were approved for a Flood Hazard permit.

Mike Kelly recommended the Board accept Mr. Boe as a Professional Engineer. After the Board accepted Mr. Boe, Mayor DaPuzzo affirmed that this was a modification to the initial subdivision application.

Motion to approve the application was made by Mayor DaPuzzo and seconded by Mr. Kelly. A roll call of members present revealed 9 aye votes by Mr. Brotherton, Mayor DaPuzzo, Mr. Crean, Mr. Rudolph, Mr. Sherer, Mr. Kelly, Mr. Ervin, Mr. Jandris, and Ms. Stein.

2.  Review of Ordinance #1698 In Keeping With N.J.S.A. 40:55D-26.

Mr. Layton reviewed the history behind Ordinance #1698. Due to the Board’s previous finding of inconsistency regarding rezoning in the OP200 area, Mr. Layton advised this Ordinance, repealing the rezoning Ordinances, should be consistent with the Master Plan.

At this time, Mr. Jandris recused himself as a member of the Council.

Mr. Sherer and Mr. Kelly expressed agreement with consistency with the Master Plan. Mr. Kelly noted the zoning in the new Master Plan draft remained at OP200.

Motion to memorialize the Board's finding that Ordinance #1698 is consistent with the Master Plan and to authorize the Secretary of the Board to inform the Council of said finding prior to the Board’s passing of the Resolution on September 12th, was made by Mayor DaPuzzo and seconded by Mr. Kelly. A roll call of members present revealed 9 aye votes by Mr. Brotherton, Mayor DaPuzzo, Mr. Crean, Mr. Rudolph, Mr. Sherer, Mr. Kelly, Mr. Ervin, Mr. Martel, and Ms. Stein, with one abstention by Mr. Jandris.

At this time, Mike Kelly referred to the Castle application and the waivers for showing topography and drainage. He informed of his findings that the topography and drainage went to Industrial Avenue and did not reach the offramp, but did reach across Route 17. Ramsey Auto’s application would have the information if needed. He advised no issues with granting the waivers and noted that all the topography was known.

Motion to accept Mike Kelly’s findings with regards to the topography and drainage was made by Mr. Crean and seconded by Mr. Ervin. A roll call of members present revealed 8 aye votes by Mr. Brotherton, Mayor DaPuzzo, Mr. Crean, Mr. Rudolph, Mr. Jandris, Mr. Kelly, Mr. Ervin, and Ms. Stein, with abstentions by Mr. Sherer and Mr. Martel.

VIII.  ADJOURNMENT:

Motion to adjourn the meeting at 7:38 p.m. was made by Mr. Kelly, seconded by Mayor DaPuzzo and declared unanimously carried by Mr. Brotherton.

Provided to the Planning Board on September 9, 2011 for approval at the Regular Meeting to be held

September 12, 2011

Donelle Bright

Planning Board Secretary

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