Township of Mahwah Planning Board s1

TOWNSHIP OF MAHWAH PLANNING BOARD MINUTES

NOVEMBER 13, 2006

6:45 – SUB-REVIEW COMMITTEE

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. DaPuzzo, Mr. Jandris, Dr. Ross, Mr. Trent, Mr. Crean (7:07), Mr. Rudolph, Mr. Sherer

ABSENT: Mr. Brotherton, Mayor Martel, Mr. Donigian, Ms. Richter

PROFESSIONALS: Peter Scandariatro, Esq., James W. Fordham, PE, Joe Burgis, PP.

II. APPROVAL OF BILLS:

10/24/06 Burgis Associates, Inc. $200.00

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

III. APPOVAL OF MINUTES

IV. MEMORIALIZING RESOLUTIONS:

FROM MEETING OF OCTOBER 23, 2006:

1. TA 06-2038 – STEVEN LOMBARDI CONSTRUCTION CO., 35 WHITNEY RD.

A motion to approve the Resolution was made by Mr. DaPuzzo and seconded by Mr. Rudolph. A roll call of eligible members revealed 4 aye votes by Mr. DaPuzzo, Dr. Ross, Mr. Rudolph and Mr. Sherer. Planning Board Minutes November 13, 2006 Page 2.

V. OPEN TO THE PUBLIC

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

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

VI. PUBLIC HEARINGS

A. DKT. #504, NYSMSA LIMITED PARTNERSHIP D/B/A VERIZON WIRELESS

Notices were in order.

Gregory Czura, Attorney for the Applicant appeared before the Board. The applicant is seeking preliminary and final site plan approval to place 12 antennas at 100 feet on an existing latice tower located at 83 McKee Dr. They are also placing 6 equipment boxes inside the existing compound creating another 55.8 square feet of equipment cabinetry. They are requesting a variance for the additional 55.8 square feet since they will exceed the 200 square feet permitted which has already been taken up by other carriers.

Mr. Czura described the type of antennas being proposed as well as the equipment cabinets. He also described the existing tower, the cabinet compound and the fencing. They are not changing any of the existing conditions. They are proposing to plant 7 6 foot arborvitaes inside the compound.

William Masters, Jr., P.P. 19 Ironwood Dr., Morris Plains, N. J. was sworn in. He stated his credentials and was accepted as an expert witness. Mr. Masters stated that this use is conditionally permitted in the GI 80 zone and explained the variance needed for the floor area.

Mr. Masters described the antennas as being 4 feet in height and 6 inches in width. They are proposing 6 equipment cabinets. Each equipment cabinet is approximately 9 square feet which are to be situated on a proposed 10 ft. x 20 ft. concrete pad. The height of the meter cabinet is approximately 5 feet tall.

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

A motion to close was made by Mr. Trent and seconded by Mr. DaPuzzo. All voted in favor. Planning Board Minutes November 13, 2006 Page 3.

A motion to conditionally approve the application was made by Mr. Trent and seconded by Mr. Crean. A roll call revealed 7 aye votes by Mr. DaPuzzo, Mr. Jandris, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Rudolph, Mr. Sherer.

B. DKT. #459-A – KKTT (AKA ROXANNE’S), 150 FRANKLIN TURNPIKE

Ernest Nuzzo, Attorney for the Applicant appeared before the Board.

Mr. Nuzzo stated they are before the Board to address the issues of the sign, size of patio and site line.

Robert Weissman, P.E., 686 Godwin Avenue, Midland Park, N. J. was sworn in. He described the changes to the site plan. Mr. Weissman stated that he met with Gary Ascolese, Chief Engineer at The County of Bergen. Mr. Weissman indicated that relocating the sign behind the right of way is acceptable to him and the County. There would be no issues with the parking area and would provide more site distance. He stated that they must comply with County requirements as this is a county road.

Mr. Nuzzo presented the description of the sign and some photographs to the Board members. Mr. Weissman compared the location of the sign to the original sign which he believes would have posed even more site distance problems. It is his opinion that the new sign poses less site restrictions because of its configuration and its proposed location when it is relocated.

Ms. Winokur explained that the type of sign they are proposing is not permitted in this zone. Once the old sign was taken down in the right of way location and any adjustments were made to it, the non-conforming status of that sign is eliminated. This is a various condition.

Mr. Nuzzo stated that they are requesting a variance for the sign.

Under questioning by Dr. Ross, Mr. Nuzzo stated there will be no additional seating with the proposed patio. Seats will be moved from the inside of the restaurant to the patio area. The application is not to exceed the 105 seats.

Peter Mastorakos, owner of Roxanne’s was sworn in. He confirmed the fact that there will be no more than 105 seats for the restaurant both inside and outside and explained how they will be positioned.

Mr. Fordham addressed the issue of the size of the patio. Mr. Weissman stated that the original site plan shows a patio 15 ft. x 32 ft. and the new plan shows 15 ft. x 59-1/2 ft. Planning Board Minutes November 13, 2006 Page 4.

Mr. Jandris asked Mr. Weissman for the square footage of the proposed patio. Mr. Weissman stated it is 862 ½ sq. ft.

George Fusick, 9 Carol St. was sworn in. He is the former owner of Nobody’s Inn and owned the building for 30 years. Mr. Nuzzo questioned him on the size of the patio. He indicated that the original patio was the same length as the proposed patio.

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

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

Mr. Scandariato suggested they address all the variances needed before a vote is taken.

Mr. Burgis addressed the issue of the free standing sign. He indicated that the town ordinance requires it to be 15 feet from the right of way line.

Dr. Ross asked Mr. Weissman if this is feasible. Mr. Weissman stated that if this is done the sign would not be visible and cars would be parking around the sign.

In answer to Mr. DaPuzzo’s question, Mr. Weissman stated that the sign will be on the right of way line. The distance between the right of way line and the edge of the traveled way is approximately 12-1/2 feet.

Mr. DaPuzzo asked if the sign could be moved back some. Mr. Mastorakos indicated that he could possibly move it back approximately 2 feet.

Mr. Scandariato stated that as a condition of approval the applicant is to move the sign out of the right of way and as far back from Franklin Turnpike as possible without encroaching into the parking lot. It will also be subject to the Township Engineer’s approval.

A motion to conditionally approve was made by Mr. Trent and seconded by Mr. Crean. A roll call of members present revealed 6 aye votes by Mr. DaPuzzo, Dr. Ross, Mr. Trent, Mr. Rudolph, Mr. Sherer, Mr. Crean and 1 nay vote by Mr. Jandris.

VII. WORK SESSION:

A. COMMITTEE REPORTS

1. TA 06-2046 – TAPPAN ZEE CAPITAL CORP., 25 WHITNEY RD. Planning Board Minutes November 13, 2006 Page 5.

A motion to approve was made by Mr. Rudolph and seconded by Mr. Crean. A roll call revealed 7 aye votes by Mr. DaPuzzo, Mr. Jandris, Dr. Ross, Mr. Trent, Mr. Crean, Mr. Rudolph and Mr. Sherer.

VIII. ADJOURNMENT

A motion to adjourn was made by Mr. DaPuzzo. All voted in favor. The meeting was adjourned at 8:20 p.m.

These minutes were prepared by Rosalie DeMartino.