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A regular meeting of the Planning
Board of the Township of Roxbury was held on the above date at 7:30 p.m. with
Chairman Scott Meyer presiding. After a salute to the Flag, the Chairman read
the “Open Public Meetings Act”.
BOARD MEMBERS PRESENT: Scott Meyer,
Larry Sweeney, Jim Rilee, Charles Bautz, Gary Behrens, Richard Zoschak, Michael
Shadiack, Steven Alford, Robert DeFillippo. Joseph Schwab arrived at 9:05 p.m.
PROFESSIONAL STAFF PRESENT: Tom
Germinario; Robert Brightly for Paul Ferriero.
Also present: Dolores DeMasi,
Mr. Rilee stepped out of the
meeting at 7:30 p.m.
Mr. Sweeney made a motion to
approve the minutes. Mr. Behrens seconded.
Roll as follows: Mr. Sweeney,
yes; Mr. Behrens, yes; Mr. Shadiack, yes; Mr. Zoschak, abstain; Mr. DeFillippo,
yes; Mr. Bautz, abstain; Mr. Alford, abstain; Mr. Meyer, yes.
M-8-06 – PONDVIEW – STS –
SUBDIVISION FOR LOTS LOCATED ON HALSEY ST. BLOCK 2701, LOT 2; BLOCK 2702, LOT
19-23 IN R-3 ZONE
ROXBURY TOWNSHIP PLANNING BOARD
Denied: February 7, 2007
Memorialized: March 7, 2007
THE MATTER OF STS DEVELOPMENT/PONDVIEW
MAJOR SUBDIVISION APPLICATION
2701, LOT 2, and BLOCK 2702, LOTS 19-23
Development/Pondview (hereinafter known as the "Applicant") applied
to the Roxbury Township Planning Board (hereinafter known as the "Planning
Board") for preliminary major subdivision approval on 7/16/01; and
Applicant has failed to appear for a number of scheduled hearings and/or has
failed to submit required information and/or plan revisions.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Board does hereby deny the
application without prejudice.
The undersigned does hereby certify that the foregoing
is a true copy of the action taken by the Planning Board at its regular meeting
Mr. DeFillippo made a motion to approve the resolution.
Mr. Behrens seconded.
Roll as follows: Mr. DeFillippo, yes; Mr. Behrens, yes;
Mr. Shadiack, yes; Mr. Sweeney, yes; Mr. Meyer, yes.
PBA-07-00001 – VILLAGES AT
ROXBURY – SOIL APPLICATION FOR PROPERTY LOCATED ON SHIPPENPORT RD. BLOCK 11201,
LOT 1 IN R-6 ZONE
TOWNSHIP PLANNING BOARD
MAJOR SOIL REMOVAL/RELOCATION PERMIT
Pursuant to Chapter XVII of the General Ordinances of
the Township of Roxbury, Article 17-1 et seq. (the
"Ordinance), the Roxbury Township Planning Board (the "Board"),
having conducted a public hearing with public notice pursuant to the Ordinance,
does hereby grant to the Applicant identified herein a Major Soil Permit,
subject to the terms and conditions enumerated herein below.
Applicant/Permittee: Wellfleet Developers, Inc.
2. Application Number:
Property Identification: Block 11201, Lot 1
Subdivision/Site Plan Approval Date(s): Amended Preliminary
Major Soil Permit Approval Date: 2/7/07
Effective Date: 2/7/07
Findings of Fact:
A. The Board has received an
Application consistent with the requirements of Ordinance Section 17-6, and the
Applicant has paid the application fee pursuant to Ordinance Section 17-7.1.
B. Proof of adequate notice of
this Application, pursuant to Ordinance Section 17-6.5, has been furnished to
C. A public hearing was
conducted, in accordance with the Ordinance, and with opportunity for comment
by interested members of the public, on the following date(s):
D. In granting this Permit,
the Board has considered the factors enumerated in Section 17-6.6 of the
Ordinance. The Board has received and considered the following documents in
connection with this Application: (1) soil moving applications dated 3/4/03 and
10/6/06; (2) earthwork calculations by Schoor DePalma, dated 10/5/06; (3)
report of the Planning Board Engineer, Paul Ferriero, PE, dated 1/29/07; and
(4) report of the Township Engineer, Michael Kobylarz, dated 2/7/07.
E. The Board has made the
following additional findings of fact:
1. The Applicant intends to
export up to 250,158 cubic yards (c.y.) of soil.
2. The Applicant proposes to
relocate within the site up to 767,416 c.y. of soil.
3. The Applicant intends to
export fill to McNear Pit or outside the Township.
4. The route of truck travel
from Applicant's site to the disposal site will be: Shippenport Road to
Landing Road to McNear, or Shippenport Road to Route 80 East out of the
Township, or Shippenport Road to Route 46 East to Route 80 West out of the
5. The Applicant has agreed
to comply with the recommendations contained in the reports of the Planning
Board Engineer dated 1/29/07 and the Township Engineer dated 2/7/07.
6. Pursuant to Section 17-9d
of the Ordinance, the Board finds that circumstances warrant the restriction of
the hours of soil moving operations to 8:00 a.m. to 4:00 p.m. on weekdays and
8:00 a.m. to 12:00 noon on Saturdays (with such operations prohibited on
Sundays and legal holidays).
7. Pursuant to Section 17-17
of the Ordinance, the Board finds that strict application of the following
Ordinance provisions would impose hardship and hereby grants waivers with
8. Conditions of Approval: This
Permit is granted subject to the following terms and conditions:
A. Applicant shall post a
performance guarantee, consistent with the requirements of Ordinance Section
17-8, in an amount indicated in Subparagraph H.5 below, as determined by the
Board Engineer based on quantity of soil moved at the rate of 15 cents per
cubic yard of material moved.
B. This Permit shall remain
valid for a term of one year from the Effective Date specified in Paragraph 6
hereinabove, subject to extension thereafter in accordance with Ordinance
C. The Applicant shall pay the
engineering review and inspection fees as required in Ordinance Section 17-7.3.
D. This approval shall not
become effective until: (i) Applicant has paid all outstanding property taxes
and assessments due or delinquent as of the date hereof; and (ii) all
applicable conditions of the amended preliminary subdivision approval have been
fulfilled to the satisfaction of the Board Engineer.
E. Applicant shall comply
with: (i) "Hours of Operation" established pursuant to Ordinance
Section 17-9d, as modified pursuant to paragraph 7.E.6 hereinabove; (ii)
"General Terms and Conditions of Operation" stipulated in Section
17-10; (iii) "Topsoil Restrictions", pursuant to Section 17-11; (iv)
"Depth of Excavation", pursuant to Section 17-12; and (v) "Final
Grades", pursuant to Section 17-13.
F. Applicant grants to the
Township Engineer, and/or his duly authorized agents, the right of entry to the
property to conduct inspections to determine compliance with this Permit.
G. This approval is subject to
all outside agency review as may have jurisdiction over this matter.
H. This Permit is subject to
the following additional terms and conditions:
1. All fill will be exported
from Applicant's site to McNear Pit or outside the Township.
2. The route of truck travel
to/from Applicant's site from the borrow site/to the disposal site shall be:
Shippenport Road to Landing Road to McNear, or Shippenport Road to Route 80
East out of the Township, or Shippenport Road to Route 46 East to Route 80 West
out of the Township.
3. The Erosion Control Plan
shall be modified to indicate the following note:
"Notwithstanding the approved Erosion and
Sediment Control Plan, the Applicant shall implement all measures needed to
satisfactorily control erosion, dust, and sediment transport as may be
reasonably determined by the Township Engineer during construction."
4. Applicant shall post fees
Section 17-7.1 Application Fee - $250.00
Section 17-7.2 Soil Moving Fee - $2,238.75 ($0.15/cy
times 250,158 cy)
Section 17-7.3 Engineering Inspection Fees pursuant
to Section 13-2.404 of the
5. Per Section 17-8 of the
Ordinance, Applicant shall post a performance bond in the amount of $76,741.60
(767,416 cy x $0.10/cy).
6. Applicant shall place hay
bales on the site to supplement planned silt fencing for erosion control to the
satisfaction of the Planning Board Engineer.
7. In accordance with
Ordinance Sections 17-6.1(t) and 17-6.4, the Applicant shall stake out interior
improvements with appropriate cut sheets to the satisfaction of the Township
Engineer, and a professional land surveyor shall stake out lot corners and
appropriate points on line.
8. This Permit shall also
authorize soil movement pursuant to an amended 161-lot subdivision plan, now
pending before the Board. In the event said amended subdivision plan is approved,
the fees and performance bond shall be adjusted for the revised soil
quantities, which shall be reviewed and approved by the Board Engineer.
9. Pursuant to the report of
the Township Engineer, this Permit is subject to the following additional conditions:
(a) A Morris
County Soil and Sediment Control Recertification must be obtained for the 179
unit subdivision plan. All control measures shall be properly installed and
continuously maintained for the entire duration of the project. In particular,
the stone tracking pad at the Shippenport Road entrance must be continuously
enhanced as directed to prevent soils from being deposited on the roadway.
This construction phase will continue over an extended period, therefore,
should the standard methods to prevent tracking of materials onto the roadway
not be sufficient, then alternate means, such as a portable tire washer and/or
street sweeper will be required to operate continuously to address the problem.
Shippenport Road or North Frontage Road be damaged or fail along the trucking
route due to the significant weight and increased truck traffic due to the soil
moving operations, the road shall be immediately repaired as directed by the
Township Traffic Safety Bureau shall be consulted to review procedures
regarding the truck traffic entering and exiting the site.
proposed soil moving shall proceed in a manner which is consistent with the
previously approved Partial Tree Clearing Permit and the planned utility and
site improvement construction in those areas. Earthwork shall not occur in
areas that are not within the currently approved tree clearing limits nor in
areas where construction is not planned for the near future in order to avoid
extended periods where the soil has been excavated and not properly
stabilized. All disturbed areas that are to be left exposed for more than
thirty (30) days and are not subject to site construction or construction
traffic shall immediately receive a temporary seeding in accordance with Soil
Erosion and Sediment Control Standards.
(e) A detailed
“Sequence of Construction” shall be formulated with Township professionals and
incorporated into this Permit, prior to any soil moving activities.
The undersigned does hereby certify that the foregoing
is an accurate recitation of the action taken by the Planning Board on the
approval date designated hereinabove.
Mr. Sweeney made a motion to approve the resolution. Mr.
Roll as follows: Mr. Sweeney, yes; Mr. Behrens, yes; Mr.
DeFillippo, yes; Mr. Shadiack, yes; Mr. Meyer, yes.
Mr. Meyer announced that Russell Stern and Paul Ferriero
are not present tonight. Robert Brightly is here in Mr. Ferriero’s stead
LETTER FROM ATTORNEY B.
MULLIGAN ON D’URSO FOR EXTENSION OF TIME
Mr. Germinario stated the
applicant has already filed the deeds, but they were 4 days beyond the 190 day
period. They are requesting an extension of an additional 30 days. The deeds
have already been filed. It is just routine.
ROXBURY TOWNSHIP PLANNING BOARD
RESOLUTION OF MEMORIALIZATION
Approved: March 7, 2007
Memorialized: March 7, 2007
IN THE MATTER OF D’URSO HOLDINGS, LLC
EXTENSION OF TIME FOR FILING MINOR-SUBDIVISION DEEDS
BLOCK 5401, LOT 9
APPLICATION NO. M-2-06
WHEREAS, D’Urso Holdings, LLC
hereinafter known as the “Applicant”) obtained minor subdivision approval from
the Roxbury Township Planning Board (hereinafter known as the “Planning Board”)
on June 21, 2006; and
WHEREAS, pursuant to the Municipal
Land Use Law (MLUL), N.J.S.A. 40:55D-47d, a minor subdivision approval expires
190 days from the date of memorialization, if a deed or plat has not been filed
within that timeframe; and
WHEREAS, pursuant to the MLUL,
N.J.S.A. 40:55D-47f, the Board may extend the 190-day period if the Applicant
was prevented from filing because of delays in obtaining legally required
approvals, despite having diligently pursued such approvals; and
WHEREAS, the Board has determined
that the Applicant was prevented from filing because of delays in obtaining
legally required approvals, despite having diligently pursued such approvals.
NOW, THEREFORE, BE IT RESOLVED,
that the Planning Board does hereby grant the requested extension of time for
filing of the Applicant’s minor subdivision deeds for an additional period of
30 days pursuant to N.J.S.A. 40:55D-47f, provided that the Applicant shall
comply with the Mandatory Mt. Laurel Development fee in effect at the time of
issuance of a building permit, pursuant to Ordinance §13-7.829 or any successor
The undersigned does hereby certify that
the foregoing is a true copy of the action taken by the Planning Board at its
regular meeting of March 7, 2007.
Mr. Zoschak made a motion to
approve the extension and resolution. Mr. Behrens seconded.
Roll as follows: Mr. Zoschak,
yes; Mr. Behrens, yes; Mr. Shadiack, yes; Mr. DeFillippo, yes; Mr. Bautz, yes;
Mr. Alford, yes; Mr. Sweeney, yes; Mr. Meyer, yes.
Michael Kobylarz, Township
Engineer, was present. He stated the plan was initially presented on 5/3/06 at
which time it was adopted. There were two components that were not included,
namely the Land Use Build Out Analysis and the Mitigation Plan sections. We
contracted out to develop those sections, and we are now ready to have those
Mr. Kobylarz said the Land Use
Build Out Analysis is to calculate total phosphorus, nitrogen and suspended
solid loadings that could be expected to enter the Township waterways and
subwatershed areas. The amounts are based on full buildout analysis of the
Township and current zoning. Areas not included are environmentally
constrained areas. Table C-1 on page 18 calculates the total buildout of
impervious acreage for each of the zones in each subwatershed area. Table C-3
analyses the total annual phosphorus, nitrogen and suspended solids for the
Mr. Kobylarz stated the
Mitigation Plan section begins on page 32 and was developed for nonresidential
applications where projects cannot meet the groundwater recharge stormwater
quantity and stormwater quality standards as required by the new stormwater
management regulations. Residential projects must conform to the
requirements. Considerations such as reducing the scope of the project must
always be considered before granting a waiver. Mitigation projects must
provide additional groundwater recharge benefits or protection from stormwater
runoff quality and quantity on previously developed property that does not meet
the current stormwater regulations. Mitigation projects include the use of
natural areas to help achieve water quality. Mitigation projects for
stormwater quantity would use locations that can provide for additional storage
and provide slower stormwater release rates. Mitigation projects for
groundwater recharge would use locations that contain soils with good
permeability rates and low groundwater levels. Options for mitigation projects
include projects proposed in the plans as defined on page 38. Some specific
projects included are around our Wellfield #4 on Center Street in Port
Morris. One of the components would be to try to improve the recharge in that
aquifer in that area. Water quality measures include retrofitting stormwater
outfalls throughout the Township. Water quality and water quantity
improvements can be achieved through Township detention basins. We can provide
measures within the basins and increase the size of the basins. Also, the
developer can propose projects that meet the stormwater plan criteria or
contribute funds. Any waivers from the stormwater standards would require
notification to the NJDEP. The next steps the Township needs to do are the introduction
of the new stormwater management ordinance, which is currently being finalized
and will be before the Council on March 27th. The ordinance is a
merging of the State sample ordinance with the existing Township stormwater
Mr. DeFillippo asked what the
difference is in developable acres vs. developable acres now.
Mr. Kobylarz said the developable
acres are based on the current zoning.
Mr. DeFillippo asked if there is
a way to show how they are affected by changes in the ordinance.
Mr. Kobylarz said that would have
to be evaluated.
Mr. Meyer said on different
applications discussion comes up on pervious paving materials. Is that a
Mr. Kobylarz said it has its
limitations. In certain conditions it can work, but it needs a lot of
maintenance in order to work over a long term. Unless its very well maintained
it can eventually clog up and not perform as it is intended to. I think it is
difficult to maintain in this area.
ROXBURY TOWNSHIP PLANNING
TO THE MASTER PLAN
WHEREAS, the Township Council has
approved a Municipal Stormwater Management Plan prepared in accordance with the
NJDEP Stormwater Management Regulations N.J.A.C. 7:8-4.2; and
WHEREAS, pursuant to the NJDEP
Stormwater Management Regulations, N.J.A.C. 7:8-4.3(a), and the Municipal Land
Use Law, 40:55D-94, the Municipal Stormwater Management Plan must be an
integral part of the Township’s Master Plan; and
WHEREAS, on May 17, 2006, the
Planning Board adopted a Resolution amending the Master Plan to incorporate the
Municipal Stormwater Management Plan; and
WHEREAS, the Municipal Stormwater
Management Plan was subsequently amended in December 2006; and
WHEREAS, the Planning Board deems it
appropriate to amend the Master Plan to incorporate the amended Municipal
Stormwater Management Plan as an integral part thereof; and
WHEREAS, the Planning Board held a
public hearing with notice on March 7, 2007, regarding the incorporation of the
amended Municipal Stormwater Management Plan as an integral part of the
Township’s Master Plan.
NOW THEREFORE, BE IT
by the Planning Board of the Township of Roxbury, in the County of Morris,
State of New Jersey, that the amended Municipal Stormwater Management Plan,
revised December 2006, a copy of which is attached hereto, is incorporated as
an integral part of the Township’s Master Plan.
The undersigned does hereby certify that the
foregoing is a true copy of the action taken by the Planning Board at its
meeting of March 7, 2007.
Mr. Zoschak made a motion to
approve the resolution. Mr. Alford seconded.
Roll as follows: Mr. Zoschak,
yes; Mr. Alford, yes; Mr. DeFillippo, yes; Mr. Shadiack, abstain; Mr. Behrens,
yes; Mr. Bautz, yes; Mr. Sweeney, yes; Mr. Meyer, yes.
PBA-07-02 - VILLAGES – AMENDED PRELIMINAY AND FINAL
SUBDIVISION OF 179 LOTS TO 161 LOTS LOCATED ON SHIPPENPORT RD. BLOCK 11201,
LOTS 1, 2, 3, BLOCK 10101, LOT 34 IN R-6 ZONE
Attorney Steven Tripp represented
the applicant. He stated this application is for amended preliminary and
final. It has to do with the agreement to sell 18 lots to the township and is
to create a 161 lot plan. The approved plan was 179 lots. This eliminates 18
lots and creates a lot across the open space.
Mr. Meyer asked how the agreement
stands with the Township.
Mr. Tripp said we are basically
done. Some issues came up about the JCP&L easement, and those issues may
change the configuration of the property a little bit. There were also issues
relating to contract language. We filed this application as an approval of an
alternate plan. We fully expect to sell the 18 lots, but if the property
doesn’t get sold for some reason, we want to keep the 179 lot plan in place.
We would move forward on that plan until the issues are finalized.
Mr. Germinario said the original
amended preliminary resolution provided that once the contract of sale for the
18 lots was executed they would apply for the amended preliminary and final. I
don’t see a problem with doing it now. What we would do if this is approved
tonight would be make it subject to a condition precedent, such that this
approval would not become effective unless and until the 18 lots are conveyed,
and then at that point it would superced the 179 lot approval.
Jim Rilee returned to the Board
at 8:00 p.m.
Susan Berninger was sworn in.
She referred to Exhibit A-1, rendering of site layout for the 161 lot layout;
A-2, drawing #10 of 119 showing the original roads in the area; and A-3, Road O
preliminary plat dated 5/16/06 showing the current road O layout. She said we
had agreed to eliminate the two cul-de-sacs and the lots there and the two lots
on Williams Road. The open space is to be conveyed to the town. We then ended
up with the layout on Exhibit A-3 which is Road O as originally approved, and
we reoriented the lots along Road O for a total of 161 lots, and the open space
down to Williams Road would be conveyed to the town (33 acres). Access to the
open space lot is from Williams Road, and there is an access easement off of
Villages Boulevard. That would be across another open space lot.
Mr. Rilee asked if there will be
rights of access there for anybody.
Mr. Tripp said we will give
Ms. Berninger said there are a number of things on the
property that will be conveyed to the town. Currently the Power and Light
easement goes through the property. We had shown various locations for the
realignment. Recently we have had conversations with JCP&L and they are
thinking about relocating the line in Road O and going between the lot line
between proposed lots 133 and 134. Therefore, we had anticipated relocating
through the open space. There was a question whether it was on our property or
the town property. All that goes away if it goes in Road O, down our property
line, and ties into the existing easement. They are looking at undergrounding
in Road O and the remaining easement through your piece would stay on the
poles. That is the direction we are heading in. As to the substation, they
thought of this as a potential area until they saw the topography, and they
will probably abandon the thought of a substation here.
Mr. Tripp said what we are
looking for is an approval subject to that being worked out with Paul Ferriero
and Russell Stern.
Ms. Berninger said there is a
large wetland area on the plan that would be conveyed to the township. There
was a buffer averaging plan associated with that. The restriction has been
filed on that with the DEP as part of the overall approval.
Mr. Rilee said when we did the
purchase, we pictured something like walking trails.
Ms. Berninger said there is a permit to discharge
stormwater into there also. We have also eliminated the detention basin and
are redirecting the flow to other basins.
Mr. Rilee asked if that has been
reviewed by the Planning Board Engineer.
Ms. Berninger stated Mr. Ferriero
assisted with the language and approved the language.
Ms. Berninger said there are no
other changes in the subdivision, except that the water line will be brought up
Shippenport Road and along Villages Boulevard. We are still pursuing the
Shippenport Road improvements from DEP, and we are meeting with the State
Historic Preservation office on Monday. As far as the review letters, there
are some drafting typos to clarify, and we agree to remove the project sign.
We are in agreement on all other items in the reports. We did file the final
subdivision map in October. There will be a lot of work to do on all the
Mr. Germinario said Paul
Ferriero’s report proposes a conference of the attorneys and engineers to work
out the easement language. I think that is a good suggestion.
Mr. Brightly stated there are
remnants of notes from the old plans. On sheet 49 and 51 there is orange
construction fence shown to go in that area.
Ms. Berninger agreed to take that
Ms. Berninger said we agree to
all items in Mr. Ferriero’s report.
Mr. Germinario said what the Board is being asked to do
tonight is to approve an amended preliminary subdivision plan for the 161 lot
layout that would take into account the conveyance of the 18 lots and open
space area to the township, totaling about 34 acres. The approval would remain
inactive until the sale contract is actually executed. In the interim the
original 179 lot approval would remain in effect until the property is
conveyed. If the sale does not go through the original approval would remain
in affect. The next step in the process is to finalize the sale of the
property. After execution of the contract there is a 60 day due diligence
period during which the town will examine the environmental and other
documentation on the property that Wellfleet will provide to us. We would also
have the right to do our own inspections on the site. If everything checks out,
we would then go to closing on the property, and at that point tonight’s
approval would kick in and would become the only approval that is affective.
PUBLIC PORTION OPENED
No one stepped forward.
PUBLIC PORTION CLOSED
Mr. Rilee made a motion to approve the application
subject to the resolution compliance and the professional reports. Mr. Bautz
Roll as follows: Mr. Rilee, yes; Mr. Bautz, yes; Mr.
DeFillippo, yes; Mr. Zoschak, yes; Mr. Shadiack, yes; Mr. Behrens, yes; Mr.
Alford, yes; Mr. Sweeney, yes; Mr. Meyer, yes.
There was a 5 minute recess at 8:30 p.m.
PBA-07-07- KBC PROPERTIES – SITE PLAN FOR LUMBER
YARD LOCATED ON RT. 10, BLOCK 1905, LOT 11 & 13 IN B-2 ZONE
Attorney Ted Einhorn represented the applicant. He
stated we are here for preliminary site plan application. A lumber yard is a
permitted use. We would like to have the owner of the property testify
concerning the way the lumber yard will be operating.
Mr. Meyer said what we would like to do tonight is have
an overview of the application without getting into the professional reports.
There are so many issues that were raised by the professionals, and I would
suggest the applicant’s professionals meet with our professionals before
returning to the Board.
Douglas R. Kuiken was sworn in.
Exhibit A-1 was marked, rendering of the proposal for the
Exhibit A-2 was marked, rendering of the main building
and guard house (different from what was shown on the plans)
In answer to questions from Mr. Einhorn, Mr. Kuiken
stated he is president of Kuiken Brothers Company. The nature of the business
is lumber and building materials. We provide materials to mainly contractors.
We have 7 other sites. The other properties are not very similar to this
location. This site is quite a bit larger. The owner of the property is KBC
Properties. The same owners own both companies. I have been involved in the
lumber business for 37 years. I have been involved with a number of
associations for lumbermen. The reason we want to locate here is that it
represents an opportunity in that we don’t have a location near here. This was
the site of the former Wickes Lumber yard. Presently on the site are two pole
buildings, another enclosed pole building, and a garage. We currently operate
somewhat from there. We have engineered wood products on the site. There is
an existing showroom on site. The current showroom is out just east of the
access road to the lumber yard facing Route 10. The showroom is where we show
all the higher end products and kitchens. Every building currently on site
will be razed. There is existing pavement on site. Some will be removed and
some will be repaved.
Mr. Kuiken said this lot is serviced by Roxbury Water
Company. We have currently brought water in to the site from the water
company. We also stubbed it going east on Route 10 to just shy of the railroad
tracks. The reason for that was so that if anyone further down the line wanted
to pick up water they could. We continued an 8” main onto the site. We also
picked up the main line off Eyland avenue and took it down Mapledale to make a
complete loop. The water main on Mapledale would be available to the people if
they choose to connect.
Mr. Kuiken described the proposal. He said coming into
the site off Route 10, the first building you would see is the guardhouse. As
trucks come into the site, the person in the guardhouse will examine their
paperwork and direct them to the area on site where they are to go. When
trucks leave the site, the guard will make sure the load is properly affixed
and the truck is safely loaded. Beyond that is the primary warehouse which is a
combination of a drive thru area, then a sales area on the first floor and
offices and conference room on the second floor. That building will be
sprinkled. There are 9 loading docks. There will be parking spaces on the
side closest to Route 10 and some on the other side as well.
Mr. Einhorn distributed reduced copies of Exhibit A-2 to
the Board members.
Mr. Kuiken said there will be 3 T-sheds that provide
cover for materials that are not very perishable. It keeps water and sun off
the product. There will also be areas to store forest products. It is not
directly on the ground but is put on wooden blocking. On the site plan, we
will also show an area which will indicate “No Storage” so that it will be free
for traffic use. There is a rail spur coming into the property that exists.
We propose to move it slightly.
Mr. Einhorn asked what will be stored in the warehouse.
Mr. Kuiken said more perishable items such as trim,
millwork, doors, windows, moldings, birch plywood, etc. We will not be doing
any manufacturing, but we do some assembly, particularly with windows. The two
doors on the north side are for the drive thru area. Throughout the area will
be racking where trucks can be loaded. Also in the main warehouse will be a
sales area in the canopy area. There will be gondolas (racking) for storage of
minimal hardware. The second floor will have small offices and an all-purpose
room for training and educational purposes. The loading docks are for incoming
and outgoing merchandise. The T-sheds are about 40 feet long. There is a
roof supported by center beams. There will be materials stacked under the
T-sheds. Most of that will be engineered lumber.
Mr. Einhorn asked the difference between a Home Depot and
Mr. Kuiken said we are a lumber yard. Ninety percent of
what we sell is delivered, not picked up. A large part of the business is with
contractors. Most of our customers don’t come to the site to place an order.
It is often done over the phone. On occasion, contractors may come with a
pickup truck or van and pick up merchandise. Material is delivered to the
site by 18-wheelers and smaller van trucks. Deliveries are during business
operation hours which are 7 a.m. to 5 p.m. Monday thru Friday and Saturdays
from 7 a.m. to 12 noon. If there is an attempted delivery during the hours we
are closed, there will be signs stating they are not permitted to idle
trucks. There will also be deliveries of lumber by rail.
Mr. Schwab arrived at 9:05 p.m.
Mr. Kuiken stated the railroad is the Morristown and Erie
Railroad. We would envision getting deliveries by rail about 6 times a week,
depending on the volume. Some weeks there may be no deliveries by rail. It
varies by season.
Mr. Einhorn asked what percentage of the deliveries to
customers will be done by the Kuiken operation as compared to contractors
picking up product.
Mr. Kuiken said close to 90% of the materials leave the
site on our truck. Our trucks range from pickup trucks to vans to box truck to
flat bed single axle to flat bed 18-wheelers. There will be no maintenance on
the trucks done on site. The trucks will most likely be stored inside the drive
thru area or within the warehouse when not in use.
Mr. Einhorn asked about the number of employees.
Mr. Kuiken said we estimate about 25 people in the
beginning. There will be one shift.
Mr. Einhorn asked what equipment will be on site.
Mr. Kuiken said we will have fork lifts of various sizes
that will operate inside and outside. Propane will be kept on site for the
lifts. We don’t plan to have diesel fuel on site at this time, but we would
like to discuss the possibility of having a minimum amount on site.
Mr. Einhorn asked if the lumber will be cut on site.
Mr. Kuiken said there will be cutting on site. The
cutting for dimension lumber will be done outside. Cutting of moldings and
plywood would be done inside.
Mr. Einhorn asked about the parking spaces.
Mr. Kuiken said there will be 44 spaces, most of which
will be on the northern side facing Route 10 and the balance will be by the
showroom. The number of spaces is more than adequate because of the number of
employees and customers that come to the site. Vendors wouldn’t normally come
Mr. Einhorn asked if there are different types of lumber.
Mr. Kuiken said yes. The bulk of the material stored on
site is not treated. The bulk of the lumber is Douglas Fir. That type of lumber
will be stored in the outside storage areas. Treated lumber is used mainly for
decks and will be stored in the yard. Years ago they removed a product that
was “CCA” treated. It was a voluntary industry move. The products we handle
today is a different treatment, “ACQ”, and it has gotten a green approval from
the EPA. As far as we are concerned, it is safe. There will be no product
with “CCA” on our site. All the lumber stored on the site will be on wooden
blocking. The assembly of windows and cutting of lumber are normal activities
at lumber yards in New Jersey.
Mr. Einhorn asked about the phasing of the project.
Mr. Kuiken said we currently have a temporary C.O. to
operate the site. We would be willing to cease and desist operations during the
construction of the project. We don’t intend to have any antennas on the
site. We will not be having any materials that need to be registered or are
potential toxic spill issues. If there are any, we would comply with the
regulations in the township. There will be a dumpster on site for garbage and
refuse. The building will be insulated.
Mr. Einhorn asked if there is a request for a height
variance. The ordinance requirement is 28 feet, and the proposed building will
Mr. Kuiken said we are requesting the variance because
the way the racking is configured and the size and nature of materials, we need
to have the height at the eaves. The T-sheds will be 20 feet high at the
eave and 24 feet high at the peak. It is to maximize the ability to store the
materials. There will be no rooftop units. Air conditioning units will be
internal. As to screening of Horseshoe Lake, we propose to meet with the
professionals to discuss additional screening in that area. There is also a
question of a dedication along East Mapledale. That will also be discussed
with the professionals.
Mr. Zoschak asked exactly what will go on within the
Mr. Kuiken said the primary warehouse will have steel
racking. There will be no truck traffic in the primary warehouse, just in the
drive thru area. The buildings will be insulated on all sides. Those doors
face away from the residential side of the property. The trucks would be in
and out of the building quickly. We will comply with the noise ordinance.
Mr. Behrens asked where the treated lumber will be
Mr. Kuiken said both inside and outside.
Mr. Rilee asked about the height of outdoor storage
Mr. Kuiken said it will be 14’, per ordinance.
Mr. Rilee stated this area is surrounded by one of the
finest recreation facilities in the County and by a residential area. This
will create a lot of noise and will be an active site. I have several
concerns, including the letters form the MCMUA and the Morris County Planning
Board. Those questions will have to be answered.
Mr. Einhorn said we note those concerns, and there will
be testimony from our engineer and we are addressing the concerns.
Mr. DeFillippo asked if there will be a net increase or
decrease in blacktop.
Mr. Kuiken said there will be a decrease.
Mr. Germinario asked if the outdoor cutting of lumber
will be treated or untreated product.
Mr. Kuiken said predominantly not treated. On occasion,
we do cut treated lumber.
Mr. Germinario asked if it would be possible to restrict
cutting of treated products to indoors.
Mr. Kuiken said yes.
Mr. Germinario asked about noise associated with outdoor
Mr. Kuiken said it will be negligible, and the way the
site is situated, it wouldn’t be a problem.
Mr. Germinario asked if the treated lumber would be
either in T-sheds or indoors?
Mr. Kuiken said they will take that into consideration,
and will testify to that at the next hearing.
Mr. Zoschak stated in the Morris County Planning Board
report they were concerned with water quality
Mr. Einhorn said that will be addressed.
Mr. Brightly asked if there is a 2” and an 8” line in
Mr. Kuiken said yes. I believe a hydrant has been
provided on the 8” main.
Mr. Brightly asked about the number of trucks.
Mr. Kuiken stated we will start with about 8 trucks
ranging from a pickup truck to an 18-wheeler which will be stored in the drive
thru area or in the warehouse. We may also park trucks under the canopies of
Mr. Einhorn asked about signage.
Mr. Kuiken said there was a large pylon sign which has
been removed. We propose to put up a new sign that will comply with the town
Mr. Meyer asked if there are portable saws.
Mr. Brightly asked what happens to the sawdust in the
areas near the paved areas that are surrounded by curbs.
Mr. Kuiken said the yard is swept every few days.
Mr. Brightly asked if there is any treating of lumber on
Mr. Kuiken said no, and the sawdust we generate is no
different that the mulch people use in their yards.
Mr. DeFillippo asked about moving the train tracks.
Mr. Kuiken said we propose to bend it slightly. We would
never store product in a rail car.
PUBLIC PORTION OPENED for questions on the testimony
Valerie Rivera, 24 Eyland Avenue, stepped forward. She
stated she is here with her neighbors. The applicants have spoken to us about
the proposal. We are concerned that this is a major proposal. We have
concerns about our property value and about the continued use and enjoyment of
our property. We want to make sure our feelings are being taken into
consideration. I have a letter that I sent to all the Council members by
e-mail that I would like entered into the record. We moved here about 4 years
ago. We have spent a lot of money on improvements to our home and we have
concern about the impacts to our property value and we also have environmental
Mr. Germinario said there are a number of questions
imposed in the letter.
Ms. Rivera said those questions are also mentioned in the
reports from the staff.
Mr. Germinario said he would agree to enter it into the
record just as a statement of Ms. Rivera’s position on the application, not for
Mr. Einhorn agreed and suggested she and the other
neighbors feel free to contact him with their concerns.
Mr. Meyer suggested the applicant’s professionals meet
with our professionals prior to the next hearing to resolve some of the
issues in the reports.
The application was carried to 4/18/07.
ORDINANCE 01-07 FOR REVIEW AND RECOMMENDATION
Mr. Germinario stated Ordinance 01-07 is to correct the
definition of accessory building, structure, or use. In the definition it
allows for a guest house. Mr. Stern was concerned that could be misused and
might increase the residential density of the property which would not be in
accordance with the zoning ordinance.
Mr. Germinario stated in the last line of the definition
it originally read, “no accessory building may be used for a business use
conducted for profit apart from the main building or uses, except for home
offices, as permitted by Ordinance”. We would clarify that by adding “in
residential districts”. This is consistent with the master plan.
Mr. Rilee made a motion to endorse the changes. Mr.
Roll as follows: Mr. Rilee, yes; Mr. Zoschak, yes; Mr.
DeFillippo, yes; Mr. Shadiack, yes; Mr. Behrens, yes; Mr. Bautz, yes; Mr.
Alford, yes; Mr. Sweeney, yes; Mr. Meyer, yes.
Mr. Meyer said he would like the Board to discuss their
bylaws. The present bylaws were done in the 1980s and revised in the 1990s.
Ms. DeMasi will send a copy of the bylaws to the Board members and will review
them and will make recommendations. Ms. DeMasi will also send out the model
bylaws from the Cox book.
Mr. Meyer also stated he has a concern about the
professional reports and when the Board gets them. He would like to have some
type of time frame for the reports to be submitted.
The meeting was adjourned by motion at 10:00 p.m.
A. DeMasi, Secretary