MAHWAH PLANNING BOARD

REGULAR/WORK SESSION MEETING MINUTES – MONDAY, JUNE 11, 2012

TOWNSHIP OF MAHWAH PLANNING BOARD

REGULAR/WORK SESSION MEETING MINUTES

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

MONDAY, JUNE 11, 2012 AT 7:00 P.M.

I.  CHAIRMAN’S OPENING STATEMENT, ROLL CALL, FLAG SALUTE

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 7:08 p.m. by Mr. Sherer. The Opening Statement was read according to the Sunshine Law followed by the flag salute.

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. Sherer

Mayor Laforet (at 8:05 p.m.)

Mr. Crean

Mr. Donigian (at 7:13 p.m.)

Mr. Rudolph

Mr. Ervin

Mr. Jandris

Mr. Weixeldorfer

Mr. Van Duren

Professionals: Peter J. Scandariato, Esq., David Roberts, P.P., Michael Kelly, P.E., Judd Rocciola, P.E.

The following individuals were absent:

Mr. Mordaga

Ms. Stein

II.  APPROVAL OF BILLS:

Peter Scandariato, Esq. Meeting Attendance April 9, 2012 $ 200.00

Peter Scandariato, Esq. Meeting Attendance April 23, 2012 $ 200.00

Peter Scandariato, Esq. Meeting Attendance May 07, 2012 $ 200.00

Peter Scandariato, Esq. Meeting Attendance May 14, 2012 $ 200.00

Peter Scandariato, Esq. Meeting Attendance May 21, 2012 $ 200.00


Motion to approve all bills was made by Mr. Crean and seconded by Mr. Rudolph. A roll call of members present revealed 7 aye votes by Mr. Crean, Mr. Rudolph, Mr. Sherer, Mr. Ervin, Mr. Jandris, Mr. Weixeldorfer, and Mr. Van Duren.

III.  APPROVAL OF MINUTES – April 23, 2012, May 7, 2012, and May 21, 20120

Motion to approve the minutes of April 23, 2012 was made by Mr. Rudolph and seconded by Mr. Crean. A roll call of members present revealed 7 aye votes by Mr. Crean, Mr. Rudolph, Mr. Sherer, Mr. Ervin, Mr. Jandris, Mr. Weixeldorfer, and Mr. Van Duren.

Motion to approve the minutes of May 7, 2012 was made by Mr. Ervin and seconded by Mr. Van Duren. A roll call of members present revealed 6 aye votes by Mr. Crean, Mr. Rudolph, Mr. Ervin, Mr. Jandris, Mr. Weixeldorfer, and Mr. Van Duren.

Motion to approve the minutes of May 21, 2012 was made by Mr. Crean and seconded by Mr. Rudolph. A roll call of members present revealed 7 aye votes by Mr. Crean, Mr. Rudolph, Mr. Sherer, Mr. Ervin, Mr. Jandris, Mr. Weixeldorfer, and Mr. Van Duren.

IV.  RESOLUTION(S)

From the 6/11/11 Planning Board Meeting:

1. Tenant Application #11-0025, Infinite Motion, Block(s) 69 Lot(s) 1, 2 & 3, 21 Franklin Turnpike.

Motion to approve the resolution was made by Mr. Jandris and seconded by Mr. Rudolph. A roll call of members present revealed 4 aye votes by Mr. Crean, Mr. Rudolph, Mr. Ervin, and Mr. Jandris.

From the 4/23/12 Planning Board Meeting:

1. A.D.P.P. Enterprises, Inc., Tenant Application #12-0017, Block(s) 59 Lot(s) 17, 261 Route 17 North, Amended Tenant Approval.

2. Docket #537A-PF, N.P. Realty, Inc. and PMND, L.L.C. (Roxanne’s), Amended Preliminary and Final Site Plan Approval and Soil Movement Approval, Block(s) 71 Lot(s) 6, 150 Franklin Turnpike.

Motion to approve the resolution was made by Mr. Crean and seconded by Mr. Rudolph. A roll call of members present revealed 7 aye votes by Mr. Crean, Mr. Rudolph, Mr. Sherer, Mr. Ervin, Mr. Jandris, Mr. Weixeldorfer, and Mr. Van Duren.

From the 5/7/12 Planning Board Meeting:

1. E-BD-216-2503, Michael Brizzolara, Plot Plan and Soil Movement Permit Approval, Block(s) 24 Lot(s) 31 and 33, 15 Deerhaven Road.

2. Tenant Application #12-0020, Audio Duran, Block(s) 32 Lot(s) 4, Suites 2 and 3, 94B North Ramapo Avenue.

Motion to approve the resolution was made by Mr. Rudolph and seconded by Mr. Van Duren. A roll call of members present revealed 6 aye votes by Mr. Crean, Mr. Rudolph, Mr. Ervin, Mr. Jandris, Mr. Weixeldorfer, and Mr. Van Duren.

From the 5/14/12 Planning Board Meeting:

1. Approval of the Township of Mahwah Environmental Resource Inventory Pursuant to Municipal Conformance with the Highlands Regional Master Plan.

Motion to approve the resolution was made by Mr. Weixeldorfer and seconded by Mr. Crean. A roll call of members present revealed 7 aye votes by Mr. Crean, Mr. Donigian, Mr. Rudolph, Mr. Sherer, Mr. Ervin, Mr. Weixeldorfer, and Mr. Van Duren.

From the 5/21/12 Planning Board Meeting:

1. Tenant Application #12-0023, DVASH, INC., Block(s) 102 Lot(s) 32, 31 Industrial Avenue.

Motion to approve the resolution was made by Mr. Rudolph and seconded by Mr. Ervin. A roll call of members present revealed 7 aye votes by Mr. Donigian, Mr. Rudolph, Mr. Sherer, Mr. Ervin, Mr. Jandris, Mr. Weixeldorfer, and Mr. Van Duren.

2. Docket #538, Adam and Linda Murray, Minor Subdivision Approval, Block(s) 36 Lot(s) 12 & 13, 127 Johnson Avenue.

Motion to approve the resolution was made by Mr. Rudolph and seconded by Mr. Ervin. A roll call of members present revealed 8 aye votes by Mr. Crean, Mr. Donigian, Mr. Rudolph, Mr. Sherer, Mr. Ervin, Mr. Jandris, Mr. Weixeldorfer, and Mr. Van Duren.

V.  OPEN TO THE PUBLIC – 15 MINUTES

Motion to open the meeting to the public was made by Mr. Jandris, seconded by Mr. Crean and declared unanimously carried by Mr. Sherer.

Allan Braggin, 25 Franklin Street in Ramsey, suggested creating a 3-story enclosed parking garage that would connect the two largest box stores. He believed this would allow people to move between stores while reducing impervious coverage, snow removal costs, and allow for additional open space.

Motion to close the meeting to the public was made by Mr. Rudolph, seconded by Mr. Ervin and declared unanimously carried by Mr. Sherer.

At this time, Mr. Sherer referred to Item No. VII.

VI.  PUBLIC HEARING(S)

A)  Docket #541PF, Jay-Jay Holding Corp., Block 63 Lot 8, 333 Route 17 North, Preliminary and Final Site Plan Application and Soil.

Bruce Whitaker of McDonnell & Whitaker appeared before the Board representing the applicant. He explained the application was to modernize the current building; an approved application would result in parking above the parking requirement. They applicant is requesting DOT and the Board to approve the new entrance at Route 17N and variances from the Board for signage and setbacks.

Patricia Sheridan, assistant to the owner of HYTORC (applicant), appeared before the Board, explaining the business and stressed the improvements would allow for more space for a customer display, IT department, training areas and a conference room. She noted only 8 additional employees would be hired; HYTORC was mainly focused on adding newer equipment and space for the growing business.

In response to Mr. Kelly, Ms. Sheridan confirmed the offices were open Monday through Friday from 8am-5pm and small box-truck deliveries were made four times per day at the rear of the site. She noted tools were currently stored on site and scrap metal was not removed via dumpster. Also, the training for new sales representatives was a one-time training and the reps would be shuttled to the facility from local hotels. In response to Mr. Roberts, Ms. Sheridan clarified the rear improvement area would be used by engineers for brainstorming new tool creation.

Mr. Whitaker explained there would be 115 employees at most on site and parking would be provided for over 130.

Motion to open the meeting to the public was made by Mr. Jandris, seconded by Mr. Donigian and declared unanimously carried by Mr. Sherer.

No one wishing to be heard, motion to close the meeting to the public was made by Mr. Jandris, seconded by Mr. Van Duren and declared unanimously carried by Mr. Sherer.

Douglas Doolittle, P.E. of McNally Engineering, appeared as expert witness on behalf of the applicant. He explained the entire exterior of the building would be refinished. The proposed impervious would cover less than the maximum permitted with the 327 proposed parking spaces; however, only 134 would be constructed, further reducing the impervious. Mr. Kelly clarified the reduction of the warehouse square footage permitted the proposed parking to total 327 future spaces. The Route 17N southern entrance would be changed to a one-way entrance and the northern entrance would become an exit only; Island Road’s southern entrance would be removed and the northern entrance would be made into a 2-way entrance/exit to reduce the cut-through traffic from Route 17N.

The applicant agreed to meet all of Boswell Engineering’s requirements and agreed to comply with a 6-month lighting review. No infringement would be made on Masonicus Brook, as the adjacent parking lot would only be resurfaced with no guardrail installation. A guardrail would be placed along Route 17N at the southern entrance. The total soil movement of the site would be 1,014 yds3.

Mr. Kelly informed the applicant needed a waiver for minimum parking setback from the side yard and front yard setbacks for future parking. Mr. Whitaker advised the applicant would not construct the fully proposed parking without coming to the Board to determine existing conditions. Mr. Kelly informed the Board had the ability to require the additional parking and noted DOT would be responsible for the approval for guardrail modification on Route 17N. He suggested notification be given to Council once the entrance from Route 17N is approved by DOT. The applicant would also require approval from DEP for the Masonicus Brook area. He advised he did not foresee any issues with the parking provided or with DOT approving the additional curb cut. He noted the applicant would also require Malcolm Pirney’s approval. The applicant agreed to provide 7 trees, house-side lighting shields, and keep in accordance with the current lighting schedule.

At this time, Mr. Jandris recused himself.

In response to Mr. Rudolph, Mr. Doolittle informed larger truck traffic would enter Route 17N via Island Road; smaller trucks could enter Route 17N directly from the site. In response to Mr. Crean, Mr. Whitaker explained the employee number increased, but the expansion was to increase space for an IT department, display area, conference room and training room.

Motion to open the meeting to the public was made by Mr. Crean, seconded by Mr. Donigian and declared unanimously carried by Mr. Sherer.

Paul Zurbuch, 190 Island Road, expressed concern over tree removal at the Brook. Mr. Doolittle explained trees would not be removed here, as they are trying to keep it green.

Tony Fernandez of Cadillac of Mahwah, cited issues with the trees and safety of the site’s entrance, as well as the entrance into Cadillac (adjacent to the property). Mr. Whitaker explained the replacement trees would not be added at the northern entrance area. No trees replacement would take place at removal areas. Mr. Kelly clarified five total trees would be removed from the area in question.

Shannon Zurbuch, 190 Island Road, suggested closing the southern exit onto Island Road to decrease truck traffic. Mr. Doolittle explained closing the one entrance would not likely alter the truck traffic, but would decrease the cut-through traffic.

Motion to close the meeting to the public was made by Mr. Rudolph, seconded by Mr. Van Duren and declared unanimously carried by Mr. Sherer.

The applicant agreed to replace more trees than initially proposed and agreed to instruct truck drivers to use the Route 17N exit from the site.

Mr. Doolittle explained the parking could fit without the request of waivers. The applicant requested waivers in order to preserve the environment/green space, create a safer flow of traffic, and make the building more attractive. He added the control would remain with the Board should the applicant request expansion for future parking. Mr. Doolittle explained sidewalk waivers were requested, as sidewalks did not currently exist on Island Road or at Route 17N for safety reasons. Mr. Sherer expressed concern over the bus stop and sidewalks along Island Road. Mr. Kelly advised they could revisit sidewalk necessity in the future and use the sidewalk bank in order to construct.

The applicant agreed to include the pipe and invert elevations and contribute to the sidewalk bank. Mr. Roberts advised the Board the applicant would have justifications for any future variances necessary for future construction from the Zoning Board should they approve the total of 327 parking spaces. The applicant agreed to not infringe beyond the current nonconformities. In response to Mr. Crean, Mr. Doolittle informed the proposed parking along Route 17N was similar to those at other adjacent properties.

Fay William Logan of SNS Architects and Engineers, expert architect witness for the applicant, informed the Board the addition would keep the total height of the building as-is, but the lobby area would reach 40ft. The exterior would consist of glazed windows and the applicant requested a signage waiver for the eastern and western fronts of the building, noting the large signage kept with the scale of the building and no front yard signage was requested.

In response to Mr. Crean, Mr. Logan informed no additional lighting was being proposed beyond the loading area. In response to Mr. Weixeldorfer, Mr. Whitaker informed the owner of the business used the onsite garage. Mr. Logan clarified they would consider only non-glare materials for the glazing of the exterior; and while the building would not be LEAD certified, both he and the business owner were “green-focused.” Ms. Sheridan explained the quarantine area was for tools awaiting repair.