Township of Mahwah Planning Board

TOWNSHIP OF MAHWAH PLANNING BOARD MINUTES

DECEMBER 10, 2007

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, Mr. Jandris (7:10), Mayor Martel, Dr. Ross, Mr. Spiech, Mr. Rudolph, Mr. Sherer, Mr. Williams

ABSENT: Mr. Crean, Mr. Donigian

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

II. APPROVAL OF BILLS

12/1/07 Peter J. Scandariato, Esq. $400.00 11/8/07 Phillips Nizer, LLP $715.50 11/28/07 P. David Zimmerman, P.P. $200.00

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

III. APPROVAL OF MINUTES

A motion to approve the minutes of November 5, 2007 was made by Mr. Brotherton and seconded by Mr. DaPuzzo. All voted in favor.

IV. MEMORIALIZING RESOLUTIONS

FROM MEETING OF NOVEMBER 26, 2007

1. DKT. #460 – HALSCH/MCGILL, 324 FRANKLIN TURNPIKE 2. DKT. #488S – SMS DEVELOPERS, LLC, AIRMONT RD. 3. ACKNOWLEDGEMENT OF RECEIPT AND ACCEPTANCE OF PLANS BERGEN COUNTY COMMUNICATIONS CENTER, 381 CAMPGAW RD Planning Board Minutes December 10, 2007 Page 2.

4. ACKNOWLEDGEMENT OF RECEPT AND ACCEPTANCE OF PLANS FOR BERGEN COUNTY COMMUNICATIONS TOWER AT STAG HILL

A motion to approve was made by Mr. DaPuzzo and seconded by Mr. Rudolph. A roll call of eligible members revealed 7 aye votes by Mr. Brotherton, Mr. DaPuzzo, Mayor Martel, Dr. Ross, Mr. Spiech, Mr. Rudolph, Mr. Sherer.

V. OPEN TO THE PUBLIC

A motion to open the meeting to the Public was made by Mr. DaPuzzo and seconded by Mr. Spiech. All voted in favor.

A motion to close was made by Mr. DaPuzzo and seconded by Mr. Spiech. All voted in favor.

VI. WORK SESSION

A. TA 07-0030 – M.J. OLLEY, 92 RAMAPO AVE. B. TA 05-2002A – C & M LANDSCAPING, 94B RAMAPO AVE.

At the last meeting the Board members requested a detailed drawing showing the location of the parking spaces for both applicants. The applicant indicated that although the plan shows 25 parking spaces they only require 10 spaces. They have 10 drivers and 2 secretaries. The drivers would remove the trucks and place their cars in that spot. C & M Landscaping described where they would park their equipment. The Board Members were not satisfied with the submitted drawing and felt that there is a safety problem with drivers backing the trucks out of the spaces and parking their individual cars in those spaces. They also had a problem with off site parking and requested that this will no longer occur at this location.

Mr. DaPuzzo requested they resubmit a drawing that will delineate the parking spaces and show where the storage bins will be located on site. Mike Kelly would like to review this to be sure there is a safe traffic pattern on site. The Board also requested a new tenant application be submitted for C & M Landscaping.

The work session will continue for both applicants on December 17, 2007.

VII. PUBLIC HEARINGS

A. DKT. #514PF – COMMERCE BANK, ROUTE 17 NORTH

Mr. Jandris recused himself. Planning Board Minutes December 10, 2007 Page 3.

Bruce Whitaker, Attorney for the Applicant appeared before the Board.

This is a continuation of the Public Hearing of October 22, 2007 for a preliminary and final site plan approval as well as a soil movement approval. Based upon suggestions made by Board members and professionals, Mr. Whitaker stated they have submitted revised plans.

Mr. Whitaker recalled David Wisotsky, P.E. The revised plans were marked A-6 and dated November13, 2007. Mr. Whitaker also marked the drainage study as A-7.

Under questioning by Mr. Whitaker, Mr. Wisotsky described the changes made to the plans. The southeast corner along Island Rd. previously had a second means of egress from the drive through lanes going out onto Island Rd. This has been eliminated and replaced with additional landscaping.

They have revised the lighting to comply with the statute. They have raised the height of the poles from 18 ft. to 20 ft. thereby decreasing the intensity as it gets lower from 5 to 4.48. In addition the lights along the rear southeast side of the property and in the drive through will go off one hour after closing time.

With regards to some of the signage comments, Mr. Wisotsky stated they have removed the 46.5 square foot Commerce Bank sign on the south face of the building. They have also eliminated the 3 poster boxes along the east wall. The “C” logo has been reduced to a five foot sign. A “drive thru only” sign has been added to the south side of the building.

Based on a comment in the Boswell report, Mr. Whitaker stated that there will be no shared parking with the State Line Diner. He also indicated that he has prepared a cross access easement agreement which has been approved by Commerce Bank and submitted to Mr. Scandariato and Mr. Kelly for their approval.

Mike Kelly still had a concern regarding the shared parking issue. Mr. Whitaker stated there is a private agreement between the bank and the diner. With regard to Mayor Martel’s comment, Mr. Whitaker read the cross access easement.

In answer to Mr. DaPuzzo’s questions regarding lighting, Mike Kelly stated he is comfortable with the revised lighting plan. The applicant has reduced the average light levels on the site. They will still need a waiver from the town code.

Mike Kelly stated that the applicant will have to move the monument sign outside of the sight triangle easement requirement which is governed by the town code. Mr. Wisotsky Planning Board Minutes December 10, 2007 Page 4. stated that the monument is outside of the sight triangle which is governed by the county code since this is a county road and under the county jurisdiction. Mr. Wisotsky stated that if feasible they would be willing to move the monument sign towards the south. Mike stated it would have to be moved about 10 feet to the south.

Mike addressed the landscaping requirements noted in his December 4, 2007 letter. Mr. Wisotsky indicated that they would like to keep the trees on site as they are which would provide sufficient shade for the parking in the area.

Mike asked for dimensions for “America’s Most Convenient Bank” sign and some other letters and logo signs. Mr. Wisotsky stated they faxed these to his office today.

Mr. Burgis stated that the applicant needs a waiver from the buffer regulations. Mr. Wisotsky described the proposed buffer. They are adding approximately 470 shrubs and 7 trees to the site.

A motion to open the meeting to the Public was made by Mr. DaPuzzo and seconded by Mr. Spiech. All voted in favor.

A motion to close was made by Mr. DaPuzzo and seconded by Mr. Spiech. All voted in favor.

Mike Kelly stated that his office has reviewed the Phase II Site Investigation Report. The report is consistent with the applicant’s testimony and there is no contamination concentrations exceeding the state’s requirements. They have also indicated that once the hydraulic lift piston is removed they will perform the appropriate subsurface investigation.

A motion to conditionally approve was made by Mr. DaPuzzo and seconded by Mr. Rudolph. A roll call of members present revealed 8 aye votes by Mr. Brotherton, Mr. DaPuzzo, Mayor Martel, Dr. Ross, Mr. Spiech, Mr. Rudolph, Mr. Sherer, Mr. Williams.

B. SHORT LINE BUS TOURS, INC., STAG HILL

Bruce Whitaker, Attorney for the Applicant appeared before the Board. The applicant is seeking site plan approval. The lot consists of 16.5 acres in the B40 zone.

The application is for the development of a portion of the property to be used for a motor vehicle preparation center for Prestige Motors, Inc. Mr. Whitaker stated this will not be a car showroom and will not be a place where any member of the public could come to choose a car. It is a limited use for preparation and storage of vehicles. Planning Board Minutes December 10, 2007 Page 5.

Mr. Whitaker addressed the environmental concerns on the site. There are test wells on site but this site has never had a use on it. These test wells were put on the property sometime in 1986 at the request of the NJDEP. Mr. Whitaker stated that the applicant is trying to find out the status of these test wells and who would remove them from the property. Dr. Ross suggested he contact John Hopper at the Board of Health Dept. since they were involved from the beginning.

Mr. Burgis questioned whether or not there would be auto body repair done on site since it is not a permitted use in the B40 zone. Mr. Whitaker stated there would be no auto body repairs and no gasoline on site.

Carlos Girard, General Manager of Prestige Toyota was sworn in. Under questioning by Mr. Whitaker, Mr. Girard stated there will be a 5,000 square foot building used for the preparation and storage of automobiles. Hours of operation are 7:30 a.m. to 6:00 p.m. Monday thru Friday. There may be some deliveries on Saturday but never on Sunday. Mr. Girard described the operations of the site such as deliveries, pick up and deliveries of cars and removal of cars. He also stated there will be no body work or repair done on the cars. There will be a maximum of 5 full time employees and 5 part time employees as needed.

In answer to Mike Kelly’s question, Mr. Girard stated that this site will be used exclusively for Toyota new cars and lease cars will be under the Prestige Dealer umbrella. He also indicated that they will be utilizing approximately 300 spots in the summer and approximately 500 to 600 spots in the winter.

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

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

Mr. DaPuzzo conferred with Mr. Burgis regarding jurisdiction of this application. The question was regarding outdoor storage areas. Mr. DaPuzzo read the ordinance which states outdoor storage cannot abut any existing residential development, residential street or any R district. A portion of the back property line located on Route 202 is adjacent to the R40 district. The question is whether or not it is in front of the correct Board. Mr. Burgis believes it is a Zoning Board matter and the applicant should pursue a formal interpretation that is only given by the Zoning Board.

Mr. Whitaker conferred with his client as to how they wish to proceed with this application. Mr. Whitaker stated that to keep this under the jurisdiction of the Planning Board, they would proceed with a subdivision. He will submit a subdivision application. Planning Board Minutes December 10, 2007 Page 6.

The subdivision will be a minor subdivision so no further notice will be required.

The Public Hearing is continued on January 14, 2008

VIII. ADJOURNMENT:

A motion to adjourn was made by Mayor Martel. All voted in favor. The meeting was adjourned at 9:10 p.m.

These minutes were prepared by Rosalie DeMartino.