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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, Gary Behrens, Richard Zoschak, Robert DeFillippo, Joseph Schwab,
Michael Shadiack, Jim Rilee, Charles Bautz.
ABSENT: Steven Alford, Robert
PROFESSIONAL STAFF PRESENT: Tom
Germinario, Russell Stern, Paul Ferriero.
Also present: Dolores DeMasi,
Mr. Meyer announced that Application
PBA-07-06, Roxbury 2002 LLC, Philips will not be heard and is carried to 4/18/07, and Application M-10-06, Scott Construction will not be heard and is
carried to 4/18/07.
PBA-07-02 – VILLAGES – AMENDED
PRELIMINARY AND FINAL SUBDIVISION OF 179 LOTS TO 161 LOTS LOCATED ON
SHIPPENPORT ROAD, BLOCK 11201, LOTS 1, 2, 3 , BLOCK 10101, LOT 34 IN R-6 ZONE
TOWNSHIP PLANNING BOARD
Decided: March 7, 2007
Memorialized: March 21, 2007
THE MATTER OF WELLFLEET DEVELOPERS, INC./VILLAGES AT ROXBURY
PRELIMINARY AND FINAL MAJOR SUBDIVISION APPROVAL
11201, LOTS 1-3; BLOCK 10101, LOT 34
Wellfleet Developers, Inc./Villages at Roxbury (hereinafter the
"Applicant") applied to the Roxbury Township Planning Board
(hereinafter the "Board") for amended preliminary and final major
subdivision approval on 10/10/06; and
application was deemed complete by the Board, and a public hearing was held on 3/7/07; and
has been determined that the Applicant has complied with all procedural
requirements, rules and regulations of the Board, and that all required
provisions of procedural compliance have been filed with the Board; and
Board makes the following findings and conclusions based upon the documents,
testimony and other evidence comprising the hearing record:
The property which is the subject of the application consists of 179.54 acres
located in the R-6 Planned Residential District. On July 5, 2006 the Applicant
received amended preliminary major subdivision approval (memorialized August 2, 2006), for
179 single-family lots. Through negotiations with the Township, the Applicant
now seeks amended preliminary and final subdivision approval to subdivide a
33.969 acre parcel, to be purchased by the Township, and reconfigure the road
layout for a reduced lot yield of 161 single family lots. Two lots along
Williams Road, sixteen lots along cul-de-sac Roads ‘P’ and ‘Q’, Detention Basin
‘G’ and Roads ‘P’ and ‘Q’ will be eliminated. The 33.969-acre parcel will be
acquired by the Township with the assistance of a Morris County Preservation
Trust Fund Grant. The Township and Applicant have drafted a contract of sale
but have yet to execute the document.
2. The proposed development of the subject property
to which the Board’s decision herein pertains is depicted and described in the
following drawings and/or plans:
- Preliminary Major Subdivision Plans (161
lots), consisting of 124 pages, revised
through October 5, 2006, prepared by Robert J. Foley, PE.
- Preliminary Major Subdivision Plans (179
lots), consisting of 125 pages, revised
through October 25, 2006, prepared by
Robert J. Foley, PE.
- Final Plat (161 lots), consisting of eight
sheets, dated August 1, 2006, prepared by
Glen J. Lloyd, PLS.
3. The Board’s planning and engineering professionals
and/or consultants submitted the following reports concerning their respective
reviews of the application, which are part of the hearing record:
Russell Stern, P.P., dated 3/1/07
Paul Ferriero, P.E., dated 3/1/07
4. In the course of the public hearings, the
following exhibits were marked and are part of the hearing record:
A-1 161-Lot Site Layout
A-2 Sheet 10 of 119 for 179-lot layout,
A-3 Road O Preliminary Plat
5. In the course of the public hearings, the
Applicant was represented by Steven Tripp, Esq., and the Applicant presented
the testimony of the following witnesses, which testimony is part of the
Susan Berninger, P.E., engineering expert
6. The Board finds that this application is a benefit
to the community and will result in more municipal open space lands and less
density, less site disturbance, impervious coverage and infrastructure. The
Board also finds that the 161-lot subdivision plan represents a substantial
improvement over the 179-lot plan, insofar as it requires less variance relief
and better conforms to Ordinance requirements.
NOW, THEREFORE, BE IT RESOLVED, that the Board does hereby approve the amended
preliminary and final major subdivision approval, including
bulk variances, as depicted and described in the drawings and/or
plans referenced hereinabove.
This approval is subject to the following conditions
which shall, unless otherwise stated, be satisfied prior to Board’s signature
of the amended preliminary subdivision drawings and/or final subdivision plat:
1. As a condition precedent to this 161-lot
preliminary and final subdivision approval, a contract for the sale of the
33.969 acre parcel by the Applicant to the Township shall be executed. The
179-lot plan approved by the August 21, 2006 Resolution shall remain in effect
until the 33.969 acre parcel is conveyed to the Township, at which point this
161-lot approval shall supercede it.
2. Prior to approval and signing of the amended
preliminary subdivision plan or the final subdivision plat, the Board Engineer
and the Township Planner shall certify that all applicable conditions of the
August 2, 2006 Resolution have been fulfilled by the Applicant and a
performance bond in an amount to be determined by the Board Engineer shall be
All conditions of approval previously set forth in the Resolution of August 2,
2006, shall remain in effect, unless modified herein.
Since the only point of public access to the 33.969 acre Township open space
parcel is from Williams Road, an access easement shall be provided from Village
Boulevard to the open space parcel for maintenance and emergency purposes.
On the open space parcel, the drawings depict an area reserved for JCP&L to
accommodate the potential relocation of utility lines. All references and
proposed easements for JCP&L that are located on the future municipal
except for portions of the JCP&L easement that are not being relocated,
shall be eliminated as the property is being acquired through a Morris County
Preservation Trust Fund Grant for open space and recreation purposes. Necessary
easements shall be located within the proposed single-family lots. Setback
lines shall be adjusted accordingly to provide a 5-foot setback from the
easement per Ordinance Section 13-8.205A. Lot line adjustments to accommodate
the relocated JCP&L easement may be administratively approved by the
Township Planner to the extent they do not involve new variances.
Pursuant to Condition 77 of the August 2, 2006 Resolution, the drawings shall
note that overhead utility line in the vicinity of Road ‘O’ shall be placed
underground, except where they cross open space areas and to the extent
permitted by JCP&L.
JCP&L has expressed an interest in locating a power substation on the
property, but nothing is depicted on the plans at this time. Any proposal for a
substation will require site plan approval wherein the Board can address
planning issues, including buffering of adjoining properties.
The development sign proposed at the Road ‘O’/Mansel Drive/Salmon Road
intersection shall be removed.
Building setbacks for lots on the easterly side of Road ‘O’ shall be depicted
on sheet 2.
Deed language for the easements must be provided for review and approval by the
Board and Township Attorneys and the Board and Township Engineers.
Descriptions for these easements shall also be prepared for review.
Prior to the signing of any maps, a performance bond must be posted. An
engineer’s estimate should be provided after the Resolution compliance review
The engineer shall confirm that all outbound monuments for the tract are set.
All lots shown on the index plan (sheet 2) shall show all setbacks. The
setback lines are missing from some of the lots on Road J and Road O.
Since the modified plans results in the elimination of Basin G, the remnant
“10’ wide berm” label shall be removed from page 22.
The following changes shall be made to the Final Plat:
leader for Sight Easement E on sheet 3 shall be moved to be consistent with the
references on the plans to resolutions shall include the date of the
text near the easement legend on Sheet 4 shall be moved to eliminate conflicts
and permit legibility. The maps shall be rechecked to eliminate all text
undersigned does hereby certify that the foregoing is a true copy of the
Resolution of the Roxbury Township Planning Board memorializing the action
taken by the Board at its meeting of 3/7/07.
Mr. Zoschak made a motion to
approve the resolution. Mr. Bautz seconded.
Discussion. Changes noted and
Roll as follows: Mr. Zoschak,
yes; Mr. Bautz, yes; Mr. DeFillippo, yes; Mr. Rilee, yes; Mr. Shadiack, yes;
Mr. Behrens, yes; Mr. Sweeney, yes; Mr. Meyer, yes.
Mr. Stern said this property is
on Roosevelt Way. The proposal is for a single family dwelling on the lots.
The application has been considered complete by the staff. No completeness
waivers are requested. The only variance at this time is for steep slopes.
Mr. Rilee made a motion to deem
the application complete. 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. Sweeney, yes; Mr. Meyer, yes.
The application was scheduled to
be heard on 5/2/07.
PBA-07-05 – ETEL ASSOCIATES – FINAL SITE PLAN FOR
PROPERTY LOCATED AT ROUTE 10 & MARY LOUISE AVENUE, BLOCK 6303, LOTS 6 &
7 IN B-2 ZONE
Attorney Gary Mizzone represented
Edward Kloss was sworn in.
Kevin Lucas was sworn in.
Alfred Stewart, engineer for the
applicant, was sworn in.
The applicant addressed Mr.
Safety consideration items:
Items 1 thru 6 - will be done
prior to Certificate of Occupancy
General site work items:
Items 1 thru 7 – items will be
bonded and will be completed by 5/1/07.
Mr. Mizzone said the deed for
consolidation has been prepared and will be recorded prior to c/o. (easement –
will be done prior to c/o) .
The application addressed Mr.
Items 1, 2, 3 – to be completed
prior to Certificate of Occupancy
4 – agreed
5 – agreed (# of trash cans, ash
urns and benches to be determined by Russell Stern)
6 – agreed
7 – agreed
8 – agreed
9 – Discussion. Applicant would
like to take the fence down to their building corner to block the debris from
the property next door. The Board agreed, and the applicant will add a 4’ high
segment in the front.
10 – addressed
The applicant agreed to the
remaining items which will be bonded and completed by 5/1/07.
Mr. Germinario said the
conditions of preliminary approval will be reiterated in the resolution.
Mr. Stewart will furnish the
Board Engineer with an estimate of the items to be bonded.
Discussion on lighting. It was
determined the temporary lights will be subject to Russell Stern’s approval.
Mr. Rilee made a motion to
approve the application subject to the safety items and other items agreed to
being completed prior to Certificate of Occupancy, and remaining items in the
reports from the Board professionals being completed by 5/1/07. Mr. Zoschak
Roll as follows: Mr. Rilee, yes;
Mr. Zoschak, yes; Mr. DeFillippo, abstain; Mr. Shadiack, yes; Mr. Behrens, yes;
Mr. Sweeney, yes; Mr. Meyer, yes.
-Discussion on Scott
Construction. – The consensus of the Board was that since this application has
been carried several times, and is now carried to 4/18/07, if the applicant
cannot appear at that hearing, it may be denied without prejudice.
-Ms. DeMasi informed the Board
that at the next meeting on 4/4/07 there is only a concept hearing on the
agenda, however it is a major concept.
Mr. Stern explained the property
is located at the southeast quadroon of Route 80 and Route 206. It has been
zoned OR-5 for many years. The proposal is for a 3 story hotel, a rather large
office/flex warehouse building, medical office building, and a chain
restaurant. Ingress/egress will be provided off Mountain Road. There is a
one-way right in/right out off of Route 206.
The meeting was adjourned by
motion at 8:10 p.m.
A. DeMasi, Secretary