Township of Mahwah s27

TOWNSHIP OF MAHWAH BOARD OF ADJUSTMENT

MINUTES

DECEMBER 3, 2008

The combined public/work session meeting of the Board of Adjustment held at the Municipal Building, 475 Corporate Dr., Mahwah beginning at 8:00 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. Rabolli Mr. Slot Mr. Dator Mr. DeKramer Mr. DeSilva

Michael Kelly, P.E. Judd Rocciola, P.E.

ABSENT: Mr. Whiteman

ATTORNEY: Ben Cascio, Esq.

I. APPROVAL OF BILLS:

10/31/08 $ 200.00 Ben Cascio, Esq.-11/5/08 mtg. attend

10/31/08 $1,925.50 Ben Cascio, Esq.- 10/1/08, 10/15/08 mtg. attend. – services rendered Dockets #1267-08, #1269-08, #1265-08

A motion to approve the bills was made by Mr. Dator and seconded by Ms. Neumann. A roll call revealed 7 aye votes by Mr. Cimis, Ms. Neumann, Mr. Savino, Mr. Rabolli, Mr. Slot, Mr. Dator, Mr. DeKramer

II. APPROVAL OF MINUTES:

A. MINUTES OF NOVEMBER 5, 2008 Board of Adjustment Minutes November 5, 2008 Page 2.

A motion to approve the minutes was made by Mr. Dator and seconded by Mr. Savino. All voted in favor with 2 absentions by Ms. Neumann and Mr. DeKramer.

III. MEMORIALIZING RESOLUTIONS:

A. DKT. #1268-08 – L.P. HOMES, LLC, 671 RAMAPO VALLEY RD.

Mr. Cascio read the conditional portion of the Resolution.

A motion to approve was made by Mr. Slot and seconded by Mr. DeKramer. A roll call of eligible members revealed 4 aye votes by Mr. Savino, Mr. Rabolli, Mr. Slot and Mr. DeKramer.

B. DKT. #1265-08 – WALTERS HOUSE REALTY, LLC, 168 AIRMONT AVE.

A motion to approve was made by Mr. Dator and seconded by Mr. Slot. A roll call of eligible members revealed 5 aye votes by Mr. Cimis, Mr. Savino, Mr. Rabolli, Mr. Slot, Mr. Dator.

C. DKT. #1259-08 – AMB PROPERTY CORP., 100 CORPORATE DR.

A motion to approve was made by Mr. Slot and seconded by Mr. DeKramer. A roll call of eligible members revealed 5 aye votes by Mr. Savino, Mr. Rabolli, Mr. Slot, Mr. Dator, Mr. DeKramer.

IV. OPEN TO THE PUBLIC

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

V. PUBLIC HEARINGS:

A. DKT. #1262-08 & #1262-08 SP – PILOT CORP., 230 & 250 RT. 17 SO. Board of Adjustment Minutes December 3, 2008 Page 3.

Attorneys present:

James Lott, Jr., Attorney for the applicant Kevin Moore, Attorney for Objector - Paks Fast Service Station Ira Weiner, Attorney for Objector – Parents for Safety, New Jersey non-profit org. (Tom Powers, 51 Bridle Path Lane; Lillian D’Agostaro, 16 Maple Ave. and Leslie Konikow, Rutherford Rd. – 3 trustees).

Mr. Cimis questioned Mr. Lott as to whether or not he felt Mr. DeSilva had a conflict of interest with this application. Mr. Lott indicated that he had no problem with Mr. DeSilva sitting in on this application.

Mr. Lott addressed his letter of November 21, 2008 and Mr. Moore’s response of December 2, 2008. Mr. Lott agreed to provide Mr. Moore with a list of his witnesses and Mr. Moore indicated that he would reciprocate by giving Mr. Lott a list of his witnesses as well. Mr. Lott asked for a report from Mr. Moore’s traffic engineer to be prepared for the next meeting in January.

Mr. Cimis questioned Mr. Lott regarding the removal of the truck scale. Mr. Lott indicated that new plans will be submitted shortly to reflect this change.

William Mulligan, 5508 Lonas Drive, Knoxville, TN, Vice President of Development, Maintenance and Environmental was sworn in. Under questioning by Mr. Lott, Mr. Mulligan stated they are currently under a 20 year lease on the site with option to purchase. He explained the proposed conditions that are intended on the site in connection with this application. He also indicated that there is an active remediation on the site.

Mr. Mulligan stated that they anticipate selling in the neighborhood of 350,000 gallons to 360,000 gallons a month of diesel fuel. They are projecting that they will be selling about 150,000 gallons of gasoline per month. He also indicated the type of goods that would be sold at the convenience store (candy, gum, packaged goods, cigarettes, sodas, hot dogs on a roller machine, etc. No prepared foods).

With regards to employees, Mr. Mulligan stated that the maximum at any one time on the site would be 5 and down to a minimum of 3. Total employees retained would be between 20 and 25. The hours of operation are 24 hours a day, 7 days a week, 365 days a year. He also stated that there would be restrictions placed on parking to One Hour and would post signs to that affect. He also stated that they agree to the enforcement of this restriction pursuant to Title 39 which would allow the Town to come onto the site to enforce it. Board of Adjustment Minutes December 3, 2008 Page 4.

Under questioning by Mr. Savino, Mr. Mulligan stated that Pilot Corporation owns approximately 38 to 40 service stations located in 3 states.

There was a discussion regarding truckers parking on site if he has exhausted his hours to be on the road. Mr. Lott explained the “Title 39” enforcement. Mr. Mulligan also explained that the idling position with the state is 3 minutes. Mr. Lott will provide a copy of the DEP’s Clean Air Act to the Board as well as the “Title 39 act”.

The Board requested that Mr. Mulligan provide them with an analysis on truck and auto traffic during peak periods as well as amount of gallons of diesel and gasoline figures from two or three of their service stations that would equal that of the proposed station in Mahwah. Mr. Moore asked to be provided this information as well.

Under questioning by Mike Kelly, Mr. Mulligan stated that they are not proposing any outdoor storage. They will not be storing any tires on site nor would they have any truck or auto repair parts or services, oil change services and will not be providing an area for motor oil recycling.

Mr. Moore questioned Mr. Mulligan with regards to the difference between the trip generations for the travel centers located in New Jersey as opposed to the proposed service station in Mahwah. Mr. Mulligan and Mr. Lott stated that they do not believe the information Mr. Moore is seeking is relative to this application. Mr. Lott objected to Mr. Moore’s questioning.

Mr. Moore questioned Mr. Mulligan regarding the enforcement of the idling rule at the Pilot facilities. He provided the Board with Exhibit “O-4” which is a print out from the NJDEP OPRA (Open Public Records Act) report base page. This is a report on the DEP violations. On March 29, 2005 Pilot was cited for permitting a truck to idle for 10 consecutive minutes while not in motion. Mr. Cascio did not see the relevance here since they have already testified that they will be having Title 39 enforceable signs up. They don’t enforce it anywhere else and will not be doing that at this site. They will be allowing the municipality to do so. Mr. Lott questioned Mr. Moore with regards to the citation. Mr. Moore will research this further.

Mr. Weiner began his cross examination. He questioned Mr. Mulligan with regards to the amount of hoses that pump at the present location and what would be at the proposed site. Mr. Mulligan indicated that they would be able to expedite the process with the new facility. Board of Adjustment Minutes December 3, 2008 Page 5.

With regards to the “Title 39 act”, Mr. Weiner questioned whether or not Pilot spoke to the Police Department to see if they would enforce this act. Mr. Mulligan stated that they did not. He felt the Board could contact the Police Dept. Mr. Cimis indicated that they could do so to find out if they would enforce this or not. In answer to Mike Kelly’s question, Mr. Mulligan stated that he does not believe that the existing site is under Title 39. Mike indicated that he believes there has been some police enforcement over the years. Mike also indicated that the Township Council has to accept the responsibility under the Title 39 act. To clarify this issue, Mr. Lott stated that his client has offered to consent to the enforcement to the one hour restriction on site. They will make this request to the governing body and then the governing body needs to enact an ordinance to enforce that parking restriction pursuant to Title 39. It is his understanding that the anti-idling provision can be enforced by any municipal police officer even if there is no Title 39. After further discussion, Mike Kelly indicated to the Board that the Council will not decide on Title 39 until there is an approved application. The Board could make this a condition of approval that the applicant makes a request for Title 39.

Joseph Staigar, P.E., 17 Tremont Dr., East Hanover, N. J. was sworn in. He stated his credentials and was accepted as an expert engineer in traffic and transportation.

Mr. Lott marked Mr. Staigar’s Traffic Impact Statement dated 7/27/08 as “A-4”. Mr. Staigar presented a copy of the survey dated 8/11/04 with a revision date of 2/16/06. This was marked “A-5”. He also presented a copy of the site plan prepared by Core State Engineers dated 5/5/08 and marked “A-6”.

Mr. Staigar described the existing site which has three driveways and full ingress and egress to Ridge Rd. There are 80 truck spaces and 9 automobile parking spaces on site. There is also a convenience store, hotel, auto repair, truck scale and other trucker amenities on site. Mr. Staigar presented a synopsis taken from the traffic report and dated 6/20/08 and marked “A-7”. This shows the existing truck trips exiting and entering the site during the peak hours.

Mr. Staiger presented an existing condition truck stacking parking plan which was marked “A-8”. He also explained the existing conditions truck traffic during the morning and evening peak hours.

Mr. Staigar addressed the proposed conditions which eliminate the amenities for the truckers, auto repair, motel, showers, etc. The convenience store will continue on the site. The proposed site will have 10 truck parking spaces and an addition of gasoline fueling stations. There will be a physical separation between autos Board of Adjustment Minutes December 3, 2008 Page 6.

and trucks by providing an English Style driveway (DOT design) where the trucks will enter as a right turn into the site at the southerly end to either the parking spaces or the fueling positions and exit at the northerly end. He also indicated that the Ridge Rd. driveway will be closed off.

Mr. Staigar stated that it is his belief that taking away the trucker amenities, the Ridge Rd. access and exit from the site and removing the truck parking spaces there will be a reduction in truck traffic. He also stated that based on the gallonage they figured there will be between 135 and 150 trucks per day. He addressed the ITE data figures for the daily volume.

Mr. Staigar described the truck stacking on the proposed site which offers much more stacking abilities than the existing conditions. They will be able to serve the trucks faster under the proposed conditions as opposed to the existing conditions. Mr. Cimis questioned what Mr. Staigar’s estimate is if a truck would queue behind one of the 5 fueling positions. Mr. Staigar indicated that there could be somewhere around 20 trucks stacking on the site at one time. Mr. Staigar referred to “A-6”.

Mr. Rocciola addressed the truck turning plan. He feels the Board would be interested in seeing how the most southerly pumps position would be accessed and if the turning movement of a truck could make that movement especially if there is a truck behind it. He would like to have Mr. Staigar demonstrate how this could be done and show the Board at the next meeting. He is questioning whether or not the site circulation works as well as Mr. Staigar indicates. This should be based on the new site plan since the scale is being removed and will change the operations of the site as well. Mr. Staigar indicated that with the removal of the scale they will have the flexibility of moving the pumps to accommodate the truck’s circulation on site.

Mr. Rocciola indicated that the Board has a concern regarding sight distances. He would like to see a detailed analysis of the sight distances, seeing the proposed pylon sign. Also, how far back on the highway a trucker in the farthest away lane on Route 17 see, perceive and make a maneuver to decelerate to get into the driveway, etc. He would like to see this at the next meeting.

Mr. Cimis also had a concern regarding the West Ramapo overpass and the ability to see the Pilot sign from a distance.

Public Hearing will continue on January 7, 2008 at 7:30 p.m. Board of Adjustment Minutes December 3, 2008 Page 7.

VI. ADJOURNMENT

The meeting was adjourned at 11:10 p.m.

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