TOWNSHIP OF MAHWAH

PLANNING BOARD REGULAR/WORK SESSION MEETING MINUTES

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

MONDAY, FEBRUARY 28, 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 7:05 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

Mr. Crean

Mr. Rudolph

Mr. Sherer

Mr. Kelly

Mr. Donigian

Professionals: Peter J. Scandariato, Esq., James Fordham, P.E., Brigette Bogart, P.P. (7:21 p.m.)

The following individuals were absent:

Mr. Jandris

Mayor Martel

Mr. DaPuzzo

II.  APPROVAL OF BILLS

There were no bills for approval.

III. APPROVAL OF MINUTES

There were no minutes for approval.

IV. MEMORIALIZING RESOLUTION(S) :

1) Dkt. #495, Graham Enterprises, Inc., Block(s) 71 Lot(s) 11-13, 18-21,

184 and 190 Franklin Turnpike, Resolution granting an Extension of Final

Site Plan Approval, for adoption.

MAHWAH PLANNING BOARD

REGULAR MEETING MINUTES – MONDAY, FEBRUARY 28, 2011

Mr. Brotherton noted that this issue was discussed earlier and they were going to give an extension; however, it was brought to the Board’s attention that there were unpaid escrow fees and the Land Use Official has had problems contacting the company regarding said fees. Mr. Scandariato suggested that this be tabled to the next meeting.

Upon a unanimous agreement, the docket was tabled to the next meeting to be held March 14, 2011.

V. OPEN TO THE PUBLIC – 15 MINUTES

A motion to open the meeting to the Public was made by Mr. Rudolph and seconded by Mr. Crean.

No one wishing to be heard, a motion to close was made by Mr. Rudolph and seconded by Mr. Crean.

VI. PUBLIC HEARING(S):

A) E-BD-216-1813A, Soil Movement Permit Application & Plot Plan Review,
Marianne Cassidy, Block 123 Lot 9.01, 35 Masonicus Road.

Tibor Latincsics, Professional Engineer and Planner, appeared before the Board on behalf of Conklin Associates and the applicant. He informed that this application and the one following were both approved by the Board in 2005, noting that the applicant is only wishing to renew the approvals as nothing has been carried out on the property due to the Recession. He acknowledged that the only change to the original plan was a relocation of a well on the property as per the Health Department; the soil used at this location would be from the Chestnut Trees construction site; there would be 30 trees removed and 8 replaced.

After questioning from Mr. Sherer, Mr. Crean and Mr. Brotherton, Mr. Latincsics explained that they are in conversation with Chestnut Trees, the approvals were approved in 2005 and are still valid through 2012, but they wished to renew and appear before the Board and the well is for the home itself. Chestnut Trees will be extending the water main and at that time, the home would be able to connect to the waterline, but with the well, it would stand on its own in case the extension does not take place.

Upon questions regarding the wetlands and buffer lines posed by Mr. Brotherton, Mr. Latincsics explained that Masonicus Brook runs through the Policastro Property and there are wetlands and a floodplain. An LOI and buffer averaging were approved by the DEP in 2000, 2005 and is being renewed currently; therefore the permits are forthcoming. He noted that they do comply with the new riparian buffer standard and there are wetlands on the northeast corner of the Cassidy property that have been marked. He reassured Mr. Fordham that the entire site plan is the same.

A motion to open the meeting to the Public was made by Mr. Rudolph and seconded by Mr. Crean.

No one wishing to be heard, a motion to close was made by Mr. Rudolph and seconded by Mr. Crean.

A motion to approve was made by Mr. Crean and seconded by Mr. Sherer. A roll call of members present revealed 6 aye votes by Mr. Brotherton, Mr. Crean, Mr. Donigian, Mr. Rudolph, Mr. Sherer, Mr. Kelly.

B) E-BD-216-1814A, Soil Movement Permit Application & Plot Plan Review,
Policastro Properties, L.L.C., Block 123 Lot 9.02 43 Masonicus Road.

Tibor Latincsics, Professional Engineer and Planner, appeared before the Board on behalf of Conklin Associates and the applicant. He informed that this site, while larger, has Ramsey Brook, wetlands, a wetlands buffer on the property, leaving only 25% of the property available for development. They are looking to coordinate the soil movement with the Chestnut Trees project. He noted that 17 trees would be removed and 5 replaced on this plan; it also required a waiver of the Slope Ordinance. He reiterated that the only change to this plan, which was initially approved in 2005, was the relocation of a well. He explained the detailed plot plan, referencing the riparian buffers for Ramsey Brook, the floodplains and transition lines.

Mr. Latincsics explained, in response to Mr. Brotherton’s concern regarding the preservation of the transition line during construction, that steel rods and double filter fencing would be used and was already installed. Mr. Fordham noted that this would be the DEP’s jurisdiction and Mr. Latincsics reassured that the area would be monitored by the Township Engineer, the Soil Conservation district and the DEP.

In response to Mr. Kelly, Mr. Latincsics explained that the maintenance of the brook would be the responsibility of the owner. He continued, noting that while there was no verbiage stating said responsibility, the presence of the property owner was in the favor of the Borough, as the owner or the County would remove any items trapped in the culvert. He affirmed to Mr. Crean that the well was servicing the home, but the home could be hooked up to the previously discussed main extension.

A motion to open the meeting to the Public was made by Mr. Sherer and seconded by Mr. Donigian.

No one wishing to be heard, a motion to close was made by Mr. Sherer and seconded by Mr. Donigian.

A motion to approve was made by Mr. Sherer and seconded by Mr. Crean. A roll call of members present revealed 6 aye votes by Mr. Brotherton, Mr. Crean, Mr. Donigian, Mr. Rudolph, Mr. Sherer, Mr. Kelly.

C) Dkt. #529, Maimone, L.L.C., Amended Site Plan, Block 40 Lot 58,
66 Ramapo Valley Road.

Joseph Di Maria, appeared on behalf of the applicant, explaining that this application was for a repaving without other construction and presented the Board with the proof of notices sent to the public and published in the Ridgewood News. Mr. Scandariato noted that if the Board approves the application that it would be subject to the approval of the notices.

John McMonagle, P.E. from Global Engineering at 1 Cesar Street, Newton, N.J., appeared before the Board on behalf of the applicant. He gave an overview of the site plan, noting the two points of entrance on Ramapo Valley Road and Brakeshoe Place and gave details on the plan to asphalt the area contiguous to the existing asphalted area at the adjacent property. He informed that two drainage cisterns would be installed to hold the excess runoff.

Mr. Fordham expressed serious concern regarding the feasibility of a two-way traffic circulation, noting issues with the angled parking. Mr. McMonagle explained the two way circulation and angled parking was for the garbage truck and that the rear entrance is anticipated for sole usage by that truck. After some discussion with Mr. Fordham, Mr. McMonagle noted that a change in this circulation was not anticipated to be a problem with the owner and it was decided that the angled parking with one-way traffic only was ideal.

Mr. Fordham questioned the lack of a 500-foot drainage map and noted that this would require a waiver of this requirement.

Regarding Mr. Donigian’s and Mr. Kelly’s questions concerning flooding and the two drainage cisterns that would hold excess runoff, Mr. McMonagle further explained that most of the runoff would be captured on the property in the infiltration rings. Any additional runs across the street into the Ramapo River; however there are no other drainage inlets in the area. He further explained that they decided to capture up to a 25-year storm with the rings they chose and there is no new drainage introduced at the bottom of the easement. They will be putting in a rolled curb, which would capture the water and go into the applicant’s own infiltration system. Mr. Fordham confirmed that the runoff would be minimal. Regarding the soil tests, Mr. McMonagle informed that the soil was K-2 and able to hold 1-1 ½ inches per hour.

Ms. Bogart expressed further concern regarding the two-way traffic circulation; she recommended and concurred with Mr. Fordham that the traffic circulation should be one-way. Upon discussion, Mr. McMonagle concluded that they would not encourage two-way traffic circulation and the traffic would be one-way entering on Ramapo Valley Road to exit at Brakeshoe Place, with the exception of the garbage removal truck.

No members of the Board had comments regarding the 500-foot drainage map waiver when questioned by Mr. Brotherton.

A motion to open the meeting to the Public was made by Mr. Rudolph and seconded by Mr. Crean.

No one wishing to be heard, a motion to close was made by Mr. Rudolph and seconded by Mr. Crean.

Mr. Brotherton clarified that the Board agreed that the traffic would be one-way circulation from Ramapo Valley Road around to Brakeshoe Place and that that 500-foot drainage map would not be required should this application be approved.

A motion to approve as modified was made by Mr. Sherer and seconded by Mr. Donigian. A roll call of members present revealed 6 aye votes by Mr. Brotherton, Mr. Crean, Mr. Donigian, Mr. Rudolph, Mr. Sherer, Mr. Kelly.

VII. WORK SESSION:

A)  COMMITTEE REPORTS

B)  OLD/NEW BUSINESS

Mr. Brotherton informed that the next meeting to be held would be on March 14, 2011, which would be open to discussion by the Board regarding the three Ordinances previously sent to the Council for discussion.

Mr. Donigian expressed concern regarding the future work session not being open to the public. He requested a list of responsibilities regarding said session, as he did not wish the Board to overstep their bounds; he further requested an updated Master Plan. He further stated they do not want to solely rely upon the Planner’s report but needed to broaden their horizons on the information they use. Ms. Bogart explained that they could review the Master Plan’s goals and objectives; and Mr. Rudolph noted that they were reviewing said plan now for future changes.

Mr. Kelly concurred with Mr. Donigian regarding the session be open to the public at the future meeting, noting they should be permitted to question the Board. Mr. Scandariato explained that it would be up to the Board to decide if the topic was open to discussion. Upon the suggestion of Mr. Sherer, it was agreed upon that the Board would seek advice from all present members at the meeting of March 14, 2011 as to whether the public would be permitted to comment and question at the work session of March 14, 2011.

VIII.  ADJOURNMENT:

Motion to adjourn the meeting at 8:04 p.m. was made by Mr. Crean, seconded by

Mr. Rudolph and declared unanimously carried by Mr. Brotherton.

Provided to the Planning Board on March 11, 2011 for approval at the Regular Meeting to be held March 14, 2011

______

Donelle Bright

Planning Board Recording Secretary