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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, Board Secretary

 

Mr. Rilee stepped out of the meeting at 7:30 p.m.

 

Minutes of 2/7/07

 

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.

 

RESOLUTIONS

 

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

                                                                   RESOLUTION OF MEMORIALIZATION

 

  Denied:  February 7, 2007

 Memorialized:  March 7, 2007

 

IN THE MATTER OF STS DEVELOPMENT/PONDVIEW

PRELIMINARY MAJOR SUBDIVISION APPLICATION

BLOCK 2701, LOT 2, and BLOCK 2702, LOTS 19-23

APPLICATION NO. M-8-06

 

WHEREAS, STS 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

 

WHEREAS, the 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 of 2/7/07.

 

 

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

                                              ROXBURY 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.

 

1.  Applicant/Permittee:  Wellfleet Developers, Inc.

 

2.  Application Number:  PBA-07-00001

 

3.  Property Identification:  Block 11201, Lot 1

 

4.  Subdivision/Site Plan Approval Date(s):  Amended Preliminary Subdivision, 8/2/06

 

5.  Major Soil Permit Approval Date:  2/7/07

 

6.  Effective Date:  2/7/07

 

7.  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 the Board.

 

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 Township.

 

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 respect thereto:

 

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 Section 17-9c.

 

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 as follows:

 

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

Township Ordinances

 

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.

 

                (b)           Should 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 Engineer.

 

                (c)           The Township Traffic Safety Bureau shall be consulted to review procedures regarding the truck traffic entering and exiting the site.

 

                (d)           The 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. Behrens seconded.

 

Roll as follows:  Mr. Sweeney, yes; Mr. Behrens, yes; Mr. DeFillippo, yes; Mr. Shadiack, yes; Mr. Meyer, yes.

 

AGENDA

 

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 provision thereto.

 

            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.

 

AMENDMENT TO STORMWATER MANAGEMENT PLAN WHICH IS AN AMENDEMENT TO THE MASTER PLAN OF THE TOWNSHIP OF ROXBURY

 

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 sections adopted.

 

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 Township.

 

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 management.

 

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.

 

Discussion.

 

Mr. Meyer said on different applications discussion comes up on pervious paving materials.  Is that a reality today?

 

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 BOARD

RESOLUTION ADOPTING AMENDMENT

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 RESOLVED, 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 access easements.

 

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 easements.

 

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 off.

 

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.

 

Discussion.

 

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 seconded.

 

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 site.

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 this.

 

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 here. 

 

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 be 30.5’.

 

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 building.

 

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 stored.

 

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 cutting.

 

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 Mapledale.

 

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 the T-sheds.

 

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 ordinance.

 

Mr. Meyer asked if there are portable saws.

 

Mr. Kuiken said yes.

 

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 site.

 

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 concerns.

 

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 evidentiary facts.

 

Mr. Einhorn agreed and suggested she and the other neighbors feel free to contact him with their concerns.

 

PUBLIC PORTION CLOSED

 

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.

 

New Business

 

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.

 

Discussion.

 

Mr. Rilee made a motion to endorse the changes.  Mr. Zoschak seconded.

 

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.

 

                                                                        Dolores A. DeMasi, Secretary

 

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