Township of Mahwah s21

TOWNSHIP OF MAHWAH BOARD OF ADJUSTMENT

MINUTES

NOVEMBER 29, 2006

The combined special public/work session meeting of the Board of Adjustment held at the Municipal Building, 475 Corporate Dr., Mahwah beginning at 7:00 p.m. was called to order by Mr. Cimis, Chairman.

These minutes are a synopsis of the meeting. A verbatim audio tape recording is on file with the Board Secretary at the Board of Adjustment Office, 475 Corporate Dr., Mahwah, N. J. Copies of the tapes may be purchased for a fee.

PRESENT: Mr. Cimis Ms. Neumann Mr. Savino Mr. Slot Mr. Whiteman Mr. DeKramer Mr. Newhouse (7:30)

Ken Ochab, P.P.

ABSENT: Mr. Dator Mr. Rabolli

ATTORNEY: Ben Cascio, Esq.

I. APPROVAL OF BILLS:

II. APPROVAL OF MINUTES:

III. OPEN TO THE PUBLIC:

Mr. Cimis opened the meeting to the Public for questions or statements. None were received.

Before opening the Public Hearing, Mr. Cimis made a brief statement to the Public concerning the passing of Thomas W. Whittle, Chairman of the Board of Adjustment. Mr. Whittle was a Board member since 1984 who gave of his time so kindly and graciously for many, many years. He truly will be missed by all.

IV. PUBLIC HEARINGS: Board of Adjustment Minutes November 29, 2006 Page 2.

A. DKT. #1164-05 – PILOT TRAVEL CENTERS, LLC, 230 RT. 17 SO.

Attorneys present:

Paul Schneider, Attorney for the Applicant Fredrick J. Azrak, Attorney for the Objector Paks Fast Service Station John J. Lamb, Attorney for S.T.O.P. Arthur Chagaris, Attorney for S.T.O.P. Donald Ohnegian, Attorney for Objector Gulf Station

Mr. Cimis opened the meeting to the Public.

The following residents appeared before the Board:

Kathy Schal, 1223 Richmond Rd. was sworn in. She is representing the Mahwah Education Association of which she represents 473 employees of the Mahwah School District such as teachers, secretaries, bus drivers, custodians, maintenance personnel and all paraprofessionals. She voiced her concern about the increase in truck traffic on Ridge Rd. She indicated that there is an extremely high volume of traffic during drop off and pick up of school children as it exists now. There was also a concern about the children hanging out at the convenience store, especially the middle school children and having to cross over Ridge Rd. to get there. Another concern was the fact that an environmental study was never done.

Mr. Azrak questioned Ms. Schal regarding the different types of applications she reviewed as a former member of the Planning Board. Mr. Schneider objected to some of his questions. He also questioned her with regards to the amount of children attending the Mahwah School system and future attendance.

Mr. Schneider questioned Ms. Schal regarding her testimony on visiting some Pilot Travel Centers while traveling south.

Since Ms. Schal is a Physical Education Teacher, Mr. Azrak questioned her with regards to outdoor sports and activities.

Gary Paton, 83 Fisher Rd. voiced his concern regarding the increase in traffic and the size of the truck stop being proposed for this site. Mr. Paton was questioned by both Mr. Azrak and Mr. Schneider.

Leslie Konikow, 117 Rutherford Rd. presented articles for the Board’s review and consideration which were marked as follows: Board of Adjustment Minutes November 29, 2006 Page 3.

“P-7” – The role of air pollution in asthma and other pediatric morbidities “P-8” – Article from The Record dated November 29, 2006 regarding Safe Routes to School Program. “P-9” – Article entitled Environmental Health Series – Asthma: A growing Epidemic “P-10”- Newsletter – Health Clean Air – Saving the Children “P-11”- Newsletter – Health Clean Air – Car Crazy

Mr. Lamb addressed the Board on several procedural issues. He referred to a letter sent to him from Mr. Rabolli dated November 17, 2006 which he read for the record. He was concerned about a potential conflict of interest. Mr. Lamb will review this and make a determination as to his position in this matter.

Mr. Schneider proceeded with his cross examination of Mr. Thompson, Traffic Engineer for the objector Paks Fast Service.

Mr. Schneider presented a rendition of the trip generation rates for the access permits from the New Jersey Department of Transportation for Pilot Travel Centers which he marked “A-25”. Mr. Schneider questioned Mr. Schneider regarding D.O.T. access permits and the relationship to the ASHTO Manual which he used as the basis for much of his testimony. He questioned his testimony regarding grade separations for ingress and egress onto the site from Route 17. Mr. Thompson referred to the ASHTO manual. He also questioned Mr. Thompson on his testimony regarding the DOT design manual for acceleration and deceleration lanes for all development on Route 17.

Mr. Schneider marked an October 16, 2006 letter from Joseph Staiger to Charles Miller, Bureau of Major Access Permits at the NJDOT as “A-26”. A letter from Charles Miller from the DOT to Mr. Staiger dated October 26, 2006 was marked “A-27”.

Mr. Schneider referred to Exhibit “O-33” which depicted a WB-62 truck on it according to Mr. Thompson’s determination of the truck size. Mr. Staiger indicated in his testimony that he used a WB-67 truck. Under questioning by Mr. Schneider regarding this exhibit, Mr. Thompson stated that it was his conclusion that a WB-62 was used for the circulation pattern rather than a WB-67 for this particular drawing.

Mr. Thompson referred to Mr. Staiger’s circulation plan dated 1/13/06. He also indicated that he believed the size of the parking spaces could not accommodate a WB-67. Board of Adjustment Minutes November 29, 2006 Page 4.

Mr. Schneider again referred to Exhibit “O-33” where Mr. Thompson indicated that a truck has to go straight for approximately twenty feet before it begins to turn right. Mr. Thompson stated that this was shown in the ASHTO manual. He also stated that he placed his vehicle in exactly the same location as Mr. Staiger’s plan and he used the ASHTO WB-67 turning radius template.

Mr. Schneider questioned Mr. Thompson with regards to the Ridge Rd. exit. Mr. Thompson stated that the DOT wants to see a 60 to 90 degree entrance. Mr. Schneider asked if it was the DOT’s code that 45 degrees would be sufficient for a one-way drive. Mr. Thompson agreed as long as it was guaranteed that it be a one-way.

Mr. Thompson presented an article regarding highway accidents dealing with hazardous substances which was marked “O-44”. Copies will be made to the public and attorneys.

Mr. DeKramer questioned the size of the parking spaces being 60 feet and whether or not a WB-67 could fit into them. In response to Mr. DeKramer’s question, Mr. Mulligan appeared before the Board. He explained that he is in charge of designing these sites and each site is designed this way indicating that the trucks have an overhang beyond the rear axle. He stated the distance from the curb to the property line is 15 feet. He then described how a WB-67 could fit into these spaces.

Since Mr. Azrak objected to Mr. Mulligan testifying, Mr. Staigar appeared before the Board. He stated the aisle width is 80 feet and 60 feet of stripped parking spaces. There is 140 feet distance from the curb line to the next parking space.

Mr. Staigar stated that his traffic circulation design shows the turning movements for wheel base 67 trucks.

There was a discussion regarding a truck needing a 20 foot forward movement before it begins a turn. Mr. Newhouse asked Mr. Thompson for an explanation. He explained stating the ASHTO template requires this and why. Mr. Staigar disagreed with his explanation stating that this design is meant for intersections of roadways not trucks moving around in a parking lot.

Mr. Slot asked Mr. Staigar to describe the difference in the new design’s exit from the property from the original. Mr. Staigar stated the old design is not based on DOT standards. The new design is. Mr. Staigar described the existing site indicating that site visibility is absolutely increased with the new design. There is also a wider curb cut. Board of Adjustment Minutes November 29, 2006 Page 5.

Mr. Savino asked Mr. Staigar to look into the intersection of Maple Avenue and West Ramapo Ave. in terms of safety. Mr. Staigar stated he would do this for the next meeting.

Richard Britton, 116 Tices Lane, East Brunswick, New Jersey was sworn in. He Stated his credentials and was accepted as an expert witness as a Hydrologist.

Mr. Azrak marked Mr. Britton’s resume as “O-45”.

Mr. Britton presented the following exhibits:

“O-46” – Cover page from a report that the Township Of Mahwah submitted to the US EPA in order to designate the drinking water below Mahwah as a sole source Aquifer. Mr. Britton described the Aquifer and stated it is sufficiently permeable to transmit adequate water to wells.

“O-47” – Page one of a report that shows that the former Mayor of Mahwah, the Honorable David Dwork as petitioner for the soul source Aquifer destination.

“O-48” – Page from the US EPA website regarding sole source Aquifers. It’s the water used for drinking, bathing, etc. in Mahwah.

“O-49” – Shows property in question and the extent of glacial Aquifer and the position of cross-section. He pointed out the well fields.

“O-50” – Cross-sectional view of the glacial and bedrock Aquifer.

“O-51” - Potable wells in proximity to project in question.

“O-52” - Cover page from New Jersey Geological Survey entitled “Guidelines for Delineation of Well Head Protection Area in New Jersey”.

“O-53” – Illustration of the delineated well head protection areas near the project in question.

“O-54” – Well Head Protection Areas near project in question (blown up version). Mr. Britton stated that basically the point is the closer the discharge is to the well head, the more severe the release could be and the more impact could be to the well head and to the municipal supply well. Board of Adjustment Minutes November 29, 2006 Page 6.

“O-55” – Current Versus Proposed Storage of Gasoline. There is no storage of gasoline currently at the site. Mr. Britton described the types of contaminants found in gasoline.

Public Hearing is continued on December 4, 2006 at 7:00 p.m.

V. ADJOURNMENT:

The meeting was adjourned at 11:50 p.m.

These minutes were prepared by Rosalie DeMartino, Secretary Board of Adjustment.