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A regular and reorganizational
meeting of the Planning Board of the Township of Roxbury was held on the above
date at 7:30 p.m.
Ms. De Masi announced that Jim
Rilee has been reappointed as a Class 3 member; Richard Zoschak has been reappointed
representing the Mayor; Larry Sweeney has been appointed to a 4 year term;
Joseph Schwab has been appointed as Alternate #1; Robert DeFillippo has been
appointed as Alternate #2 for a one year term; Michael Shadiack has been
reappointed as a Class 2 member for a 2 year term.
Ms. DeMasi asked for nominations
Mr. Zoschak nominated Scott Meyer
as Chairman. Mr. Sweeney seconded.
There were no other nominations.
Roll as follows: Mr. Zoschak,
yes; Mr. Sweeney, yes; Mr. Alford, yes; Mr. Behrens, yes; Mr. Meyer, yes.
Mr. Meyer assumed the Chair.
Mr. Meyer asked for nominations
for Vice Chair.
Mr. Zoschak nominated Mr.
Sweeney. Mr. Alford seconded.
Roll as follows: Mr. Zoshcak,
yes; Mr. Alford, yes; Mr. Behrens, yes; Mr. Sweeney, yes; Mr. Meyer, yes.
Mr. Meyer asked for nominations
Mr. Behrens nominated Dolores
DeMasi. Mr. Zoschak seconded.
Roll as follows: Mr. Behrens,
yes; Mr. Zoschak, yes; Mr. DeFillippo, yes; Mr. Alford, yes; Mr. Sweeney, yes;
Mr. Meyer, yes.
Robert Schultz arrived at 7:35 p.m.
Mr. Meyer read the “Open Public
BOARD MEMBERS PRESENT: Scott
Meyer, Larry Sweeney, Stephen Alford, Robert Schultz, Gary Behrens, Robert
Schwab, Robert DeFillippo, Richard Zoschak. Michael Shadiack arrived at 8:30 p.m.
ABSENT: Jim Rilee, Charles
PROFESSIONAL STAFF PRESENT: Tom
Germinario, Board Attorney; Russell Stern, Township Planner; Paul Ferriero,
Also present: Dolores DeMasi,
TO PROVIDE ANNUAL NOTICE OF MEETINGS
the Planning Board of the Township of Roxbury, Morris County, New Jersey, must provide annual
notice to all regular meetings to be held by said Board during the calendar
THEREFORE BE IT RESOLVED that the schedule of regular meeting dates annexed
hereto as Exhibit A, be and hereby declared to be the official list of dates of
regular meetings to be held by the Board for the calendar year 2007 being the
first Wednesday and third Wednesday of each month.
IT FURTHER RESOLVED that said meetings shall commence at 7:30 p.m; unless
otherwise called by the Municipal Building, 1715 Route 46, Ledgewood, New Jersey
January 3, 2007 July 11, 2007
January 17, 2007 July 18, 2007
February 7, 2007
February 21, 2007 August 1, 2007
March 7, 2007 September 5, 2007
March 21, 2007 September 19, 2007
April 4, 2007 October 3, 2007
April 18, 2007 October 17, 2007
May 2, 2007 November 7, 2007
May 16, 2007
June 6, 2007 December 5, 2007
June 20, 2007
Discussion. Changes noted and
Mr. Zoschak made a motion to
approve the resolution. Mr. Behrens seconded.
Roll as follows: Mr. Zoschak,
yes; Mr. Behrens, yes; Mr. DeFillippo, yes; Mr. Schwab, yes; Mr. Schultz, yes;
Mr. Alford, yes; Mr. Sweeney, yes; Mr. Meyer, yes.
RESOLUTION SELECTING A
PUBLIC PLACE FOR POSTING NOTICES AND INDICATING TWO PAPERS TO WHICH NOTICES ARE
the Planning Board of the township of Roxbury, Morris County, New Jersey, is
required to select a public place for the posting of notices of all regular and
special meetings; and
WHEREAS, said board must provide notice
of all regular and special meetings to at least one (1) newspaper, which must
be the official municipal newspaper.
BE IT RESOLVED, that the Public place for the posting of notice of all regular
and special meetings of the said Board be the bulletin board located within the
Municipal Building of this municipality located at 1715 Rt. 46, Ledgewood, New
IT RESOLVED that all notices of the meetings of this Board be furnished to the
following newspapers, one of which will be the official newspaper as designated
by the Township Council.
“NOTICE OF MEETINGS” FEES
WHEREAS, N.J.S.A. 10:4-6 et. Seq. known as the “Open
Public Meetings Act” provides for the fixing of a reasonable charge to be paid
by any person requesting notification of meetings of the Planning Board.
THEREFORE, BE IT RESOLVED by the Planning Board of the Township of Roxbury that
the sum of $40.00 (forty dollars) is hereby fixed as the fee to be paid by any
person requesting notice at its business office.
Mr. Zoschak made a motion to approve the resolution. Mr.
Roll as follows: Mr. Zoschak,
yes; Mr. Behrens, yes; Mr. Alford, yes; Mr. DeFillippo, yes; Mr. Schwab, yes;
Mr. Behrens, yes; Mr. Schultz, yes; Mr. Sweeney, yes; Mr. Meyer, yes.
RESOLUTION TO RETAIN A PLANNING BOARD
ATTORNEY AND CONSULTING ENGINEER
exists a need within the Planning Board for the retention of an Attorney and
Consulting Engineer; and
the funds are available for these purposes; and
Section 40:55D-24, Article 15 of the Municipal Land Use Law states that the
Planning Board may employ, or contact for, and fix the compensation of legal
counsel, other than the municipal attorney, and experts, and other staff and
services as it may deem necessary, not exceeding the amount appropriated by the
governing body for its use; and
the Local Public contracts Law (N.J.S.A.40A:11-1 et. Seq.) requires that notice
of the resolution authorizing the award of contracts for “Professional
Services” without competitive bids must be publicly advertised.
THEREFORE, BE IT RESOLVED by the Planning Board of the Township of Roxbury, as
1. The Chairman and Secretary of the Board
are hereby authorized and directed to enter into an agreement with the
following consultants for the year 2007.
Thomas Germinario, Esq. is retained to serve as Counsel to the Board during the
calendar year 2007
Ferriero Engineering is retained to serve as Consulting Engineering to the
Board during the calendar year 2007
These contracts are awarded without competitive bidding as a “Professional
Service” under the provisions of the Local Contracts Law because Planning
Consultant services, Engineer Consultant services and Legal services are
rendered by persons authorized by law to practice their recognized professions
and because such services are of a qualitative nature as will not reasonably
permit the drawing of specifications or the receipt of bids.
A notice of this resolution shall be published in the official newspaper as
designated by the Township Council as required by law within ten days of its
This resolution shall take effect immediately.
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. Schwab, yes; Mr. Behrens, yes;
Mr. Schultz, yes; Mr. Sweeney, yes; Mr. Meyer, yes.
CONFLICT OF INTEREST
WHEREAS, the members of the Planning Board of the
Township of Roxbury desire to provide the best possible service to the Township
of Roxbury; and
members of the Planning Board are expected to conduct themselves with respect
to matters before the Board in such a manner as to avoid all possibility of a
conflict between their private interests and their public duty.
THEREFORE, BE IT RESOLVED by the present and new members of the Planning Board
of the Township of Roxbury that they will act in a manner to provide the best
possible service to the Township of Roxbury and to avoid all conflicts between
their private interests and their public duty and to that end have signed
Certifications as to all properties that are owned by members of the Planning
Board in Roxbury Township or in other communities which abut the Township of
Roxbury and said Certifications will be open for public inspection at the
Municipal Building during normal business hours.
Mr. Behrens made a motion to
approve the minutes. Mr. Sweeney seconded.
Roll as follows: Mr. Behrens,
yes; Mr. Sweeney, yes; Mr. Schwab, abstain; Mr. Schultz, abstain; Mr. Alford,
abstain; Mr. Meyer, yes.
M-9-06 – TUCCI – AMENDED SUBDIVISION FOR 2 LOTS LOCATED
ON SECOND AVE. BLOCK 2611, LOT 12 IN R-4 ZONE
ROXBURY TOWNSHIP PLANNING BOARD
Decided: December 6, 2006
Memorialized: January 3, 2007
THE MATTER OF MARK TUCCI
MINOR SUBDIVISION APPROVAL
2601, LOT 12
Mark Tucci (hereinafter the "Applicant") applied to the Roxbury
Township Planning Board (hereinafter the "Board") for amended minor
subdivision approval on November 16, 2006; and
application was deemed complete by the Board, and a public hearing was held on
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:
1. On 9/7/05, the Board granted minor subdivision
approval to divide the subject property into two lots for single-family
residences. The Board’s approval was memorialized by a Resolution dated
10/5/05. That approval required that the Applicant install and maintain
stormwater management facilities to handle existing runoff onto the property
from Second Street.
2. Subsequent to the Board’s approval, the Township
repaired a catch basin and drywell on Second Street in front of the subject
property, which resulted in a reduction in the amount of runoff into
3. Applicant’s engineer Michael Spillane, P.E., has
prepared the minor subdivision plans, consisting of 7 sheets bearing revision
date 11/16/06, to reflect a redesign of the stormwater management facilities,
and has provided revised Stormwater Calculations, dated 7/18/06, revised
4. The Board Engineer, Paul Ferriero, P.E., has
reviewed Mr. Spillane’s calculations and has issued reports dated 5/11/06,
10/12/06, 10/30/06 and 11/30/06. In Mr. Ferriero’s most recent report, he
finds that “[Mr. Spillane’s] revised stormwater report has adequately addressed
all open issues relative to the stormwater design.”
5. Applicant’s revision of the site’s stormwater
management design requires an additional design waiver since the drainage
easement area is within 5 feet of the existing dwelling. The Board finds this
relief is justified by the improved stormwater management design.
NOW, THEREFORE, BE IT RESOLVED, that the Board does hereby approve the amended minor
subdivision as depicted in the plans referenced hereinabove and, in connection
therewith, grants the relief described in Section 5 above.
This approval is subject to all of the conditions of
the original minor subdivision approval memorialized by Resolution dated
10/5/05, as well as to the following additional conditions:
1. Since the water level will rise above basement
level during certain storm events, the existing basement and any basement of
the new dwelling shall be waterproofed to the satisfaction of the Township
2. Applicant shall file an amended Drainage Easement
referencing the revised stormwater management plan approved by this Resolution.
The 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 12/6/06.
Mr. Sweeney made a motion to
approve the resolution. Mr. Schultz seconded.
Roll as follows: Mr. Sweeney,
yes; Mr. Schultz, yes; Mr. Behrens, yes.
M-4-06 – TUCCI – SOIL APPLICATION FOR PROPERTY LOCATED ON
SECOND AVE. BLOCK 2611, LOT 12 IN R-4 ZONE
TOWNSHIP PLANNING BOARD
SOIL REMOVAL/RELOCATION PERMIT
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
2. Application Number: M-4-06
3. Property Identification:
Block 2601, Lot 2
4. Subdivision/Site Plan
Approval Date(s): Minor Subdivision 10/5/05, amended
5. Major Soil Permit Approval
6. Effective Date:
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: 12/6/06
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 application dated 2/10/06; (2) earthwork calculations by Spillane
Engineering, dated 6/26/06, revised 11/16/06; and (3) report of the Planning
Board Engineer, Paul Ferriero, PE, dated 5/11/06, 10/12/06, 10/30/06 and
E. The Board has made the following additional findings of
1. The Applicant intends to export 412 cubic yards (c.y.) of
2. The Applicant proposes to relocate within the site 1,268 c.y.
3. The Applicant intends to export fill to a location outside
4. The route of truck travel from Applicant's site to the
disposal site will be: Second Street to Route 46 out of the Township.
5. The Applicant has agreed to comply with the recommendations
contained in the report of the Planning Board Engineer dated 11/30/06.
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 7:00 a.m. to 5:00 p.m. on weekdays (with such operations
prohibited on Saturdays, 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: N/A
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 conditions of the minor 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
1. All fill will be exported from Applicant's site to a location
outside the Township.
2. The route of truck travel to/from Applicant's site to the
disposal site shall be: Second Street to Route 46 out of the Township.
3. The Erosion Control Plan shall be modified to indicate the
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
4. Applicant shall post fees as follows:
Application Fee - $250.00
Soil Moving Fee - $190.20 ($0.15/cy
times 1,268 cy)
Engineering Inspection Fees pursuant
13-2.404 of the
5. Per Section 17-8 of the Ordinance, Applicant shall post a
performance bond in the amount of $2,000.00.
6. Applicant shall place hay bales on the site to supplement
planned silt fencing for erosion control to the satisfaction of the Planning
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.
undersigned does hereby certify that the foregoing is an accurate recitation of
the action taken by the Planning Board on the approval date designated
Mr. Meyer announced Application
M-8-06, STS-Pondview has asked for an extension to 2/7/07. I had suggested
at the last hearing that it be denied without prejudice. Since they are not
taking the place of another applicant, I would be willing to carry it this one
more time. The Board members agreed.
LETTER FROM ATTORNEY GEORGE JOHNSON IN REGARD TO AN
EXTENSION OF HANNAKA SUBDIVISION
ROXBURY TOWNSHIP PLANNING BOARD
RESOLUTION OF MEMORIALIZATION
Jan. 3, 2007 Memorialized: Jan. 3, 2007
IN THE MATTER OF AUDREY
EXTENSION OF TIME FOR
FILING MINOR-SUBDIVISION DEEDS
BLOCK 10301, LOT 2
APPLICATION NO. M-6-02
Audrey Hannaka (hereinafter known as the “Applicant”) obtained minor
subdivision approval from the Roxbury Township Planning Board (hereinafter
known as the “Planning Board”) on February 26, 2003; and
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
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
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.
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 four (4) years 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.
undersigned does hereby certify that the foregoing is a true copy of the action
taken by the Planning Board at its regular meeting of January 3, 2007.
Mr. Germinario said this approval
goes back to February of 2003. The statutory period for filing a minor
subdivision deed is 130 days, but the MLUL allows extensions when there are
other government approvals pending. Mr. Dunne has stated they have had a delay
in getting an LOI from the DEP. That would qualify as a reason to grant an
Mr. Zoshcak made a motion to
approve the resolution. Mr. Sweeney seconded.
Roll as follows: Mr. Zoschak,
yes; Mr. Sweeney, yes; Mr. DeFillippo, yes; Mr. Schwab, yes; Mr. Behrens, yes;
Mr. Schultz , yes; Mr. Alford, yes; Mr. Meyer, yes.
S-16-06 – BOB CAT OF N.W. JERSEY – SITE PLAN FOR PROPERTY
LOCATED ON BERKSHIRE VALLEY RD. BLOCK 2701, LOT 1 IN B-2 ZONE
Attorney Steve Aspero represented
Larry Bozik, engineer for the
applicant, was sworn in.
Vincent Ryan, principal with
BobCat, was sworn in.
Mr. Ryan stated this is a
division of BobCat of North Jersey East. We have been in existence since 1991
in New Jersey. We found a need to expand our business for the western area,
and in 1999 we leased space from West Chester Machinery on Route 206 until 2
years ago. We are under contract with the Stroud building and have a lease
there. We didn’t feel there was any permit needed as we were taking over a
contractor’s building. This was a paving contractor who also did snow removal
early in the morning. We work from 8 to 5.
Mr. Aspero said as soon as we
found out that permits were necessary, we made application.
Mr. Bozik gave his educational
and professional background and was accepted by the Board. He referred to a
colored rendering of sheet 1 of 3 of the site plan (marked A-1) and described
the site for the Board. He said the property is in the B-2 zone and is bounded
by a railroad right-of-way to the north; vacant property to the east; and
single family residences to the south. The property currently contains a
one-story masonry building of about 6,000 square feet. There is also a garage
in the southeast corner of the property. There is an existing paved parking
area and driveway in the front and a gravel parking area just south of that.
There is a dirt and stone storage area on the side and rear. There are a
number of improvements proposed:
Mr. Ryan stated currently along
the southern part we park machines. We will comply with the setback
requirements. We repair machines inside the shop. Contractors will drive
through, turn around and drive out again.
Mr. Ryan said the display area is
for BobCat loaders with different attachments. We don’t do any vehicle
maintenance outside the building. Regarding traffic, we have from 10 to 20
people come on any one day. We have been there for over a year, and the site
works well the way it is laid out. There is no problem with ingress or egress.
In answer to questions from Mr.
Aspero, Mr. Bozik said the southerly side of the property is about 6 to 7 feet
lower than the adjacent property to the south. That slope serves as a buffer.
The slope is along the southerly property line. There is a wood line along the
property line. In addition, we will construct a 6’ high stockade fence there.
When vegetated, there is a significant visual barrier.
Mr. Ryan said when we first came
to the site, it needed to be cleaned up. The previous contractor had larger
equipment and also stored piles of materials.
Mr. Zoschak asked if there is any
cleaning or washing of equipment on site.
Mr. Ryan said yes. We don’t
clean oil machines outside on a pad. My intent is to install a water recycling
unit inside the building. We are only cleaning off mud.
Mr. Zoschak suggested the
engineers discuss that and come up with a solution to contain the water.
Mr. Behrens asked how many
employees there are.
Mr. Ryan said there are 6 on site
and 2 salesmen. I may go up to 10. There are 9 delineated parking spots on
Mr. Alford asked if there are any
Mr. Ryan stated we have a sign
proposed that is a monument sign.
Mr. Meyer asked if there is
fueling done on site.
Mr. Ryan said no.
Mr. Meyer asked what is being
done with the gravel area to the south where there are cars parked currently.
Mr. Bozik said that will remain.
It is used for some employee parking.
Mr. DeFillippo asked how many
pieces of equipment there are.
Mr. Ryan said about 20 to 30.
Mr. Aspero asked if it is common
for a contactor to bring the same equipment back at night that he takes out in
Mr. Ryan said that rarely
happens. Usually the machines are out for long periods.
Mr. Meyer said he has visited the
site a couple of times and saw someone taking equipment out, and he went around
a dirt area and behind a telephone pole onto Berkshire Valley Road.
Mr. Ryan said he hasn’t seen
anyone do that.
The applicant addressed Mr.
Mr. Aspero stated we would like
to come to an accommodation with the Board on the scope of some of the
suggestions that have been made in the report. If we were to do all these
items, you would be talking about doubling, if not tripling the cost. It
becomes rather difficult for us. We want to comply. We would ask the Board to
appreciate the fact that we are leasing the property, and these improvements
would be capitol improvements that would benefit the owner.
Mr. Meyer stated there are a
number of variances requested, and I suggest the applicant address the report.
As an overview, Mr. Ryan said the
hours of operation are 8 – 5 weekdays and no Saturday and Sunday hours. The
delivery vehicles are 40-foot flatbeds that come approximately once a week. We
serve both retail and wholesale trade. We believe 9 parking spaces are
adequate for the use, and 9 are required by ordinance. The southern gravel
area is not needed, and we would agree to prohibit parking in that area.
Mr. Ferriero stated a couple of
the parking stalls are over the existing seepage pit and they shouldn’t be
there. If those spaces could be moved to the back and there were 6 spaces for
customers, we can come up with a much better arrangement for parking in front
of the building.
Mr. Bozik said we would have to
confirm the location of the existing septic tank.
Mr. Aspero said we submitted a
Board of Health document from 1964 (marked A-2) , and I would ask that the two
engineers agree on the location.
Mr. Zoschak stated Mr. Stern’s
report asks that the gravel area be grassed over.
The applicant continued to
address the report:
1.4 - Mr. Ryan said there will be
no fueling operations. The drivers take the equipment to be fueled at a gas
1.6 - Agree to obtain Morris
County Soil Conservation approval if required.
1.7 – Variance not required with
the elimination of the parking
1.8 – Variance requested – Mr.
Ryan stated the 25 foot buffer is more than what is currently there. We are
also replacing the stockade fence along the southerly property line. Along the
easterly property line, we are delineating the storage area with a metal
Mr. Stern suggested getting rid
of the gravel and seed and landscape. I would concur there is some screening
benefit with the change in grade and stockade fence. Landscaping is just a
further benefit. I also mention to provide some additional landscaping along
the southerly property to the west. Along the east, the stockade fence should
be continued, and landscaping should be provided, because that is the Pond View
Property and will be developed soon. This was an industrial use occurring in a
business district. It is a permitted use.
Michael Shadiack arrived at 8:30
Mr. Stern suggested a 6’ stockade
fence on the southerly side, extend it to the east, and remove the gravel and
seed along the metal rail, and also to the east.
The applicant agreed.
Mr. Stern suggested landscaping
along the easterly property line. Along southerly line, there will be just the
Along the easterly line in the
back, the applicant agreed to 6 to 8 foot high evergreens, about 12 feet on
center, the fence, and no railing.
Along the railroad right-of-way,
the applicant requested to leave the existing vegetation.
Mr. Stern agreed.
1.9 – addressed
1.10 – addressed
1.11 – no objection to variance
1.12 – applicant agreed to a row
of curb stops
1.13 – agreed
1.14 – agreed
1.15 – included
1.16 – agreed
1.17 – Mr. Bozik stated he
doesn’t believe the EIS is required.
1.18 – agreed
1.19 – agreed
1.20 – informational
1.21 – agreed
1.22 – waiver requested from
curbing along road frontage.
Mr. Bozik said there is no
curbing in this area except for at the intersection of Rt. 46 and Berkshire
Discussion. The Board agreed to
1.23 – County has requested
additional cartway width. The Board determined any approval will be subject to
1.24 – Waiver requested – Board
members did not object to waiver
1.25 – Mr. Ferriero stated he
would recommend that he and Mr. Stern visit the site to determine what portions
need to be repaved.
1.26 – complies
1.27 – concrete is appropriate
for flush curb – remainder will be Belgian block
1.28 – agreed
1.29 – Discussion. Waiver
1.30 – Discussion. applicant
agreed to a pathway
1.31 – agreed
1.32 – Design waiver required
1.33 – Applicant agreed to
provide the trash/recycling enclosure
2.1 – Mr. Ryan stated there is
some night activity. Mr. Bozik said there are lights on the utility pole on
Berkshire Valley Road. We also provide a wallpak light on the front of the
building and one wall directory on the south side.
The Board’s recommendation is
that the lighting conform.
2.2 – Applicant agreed to remove
3.1 – Sign detail is to scale
3.2 – agreed
3.3 – Variance granted
3.4 – Variance granted. BobCat
wants the signs to be consistent. There will be a different sign. Mr. Ryan
said it is possible that the sign can be reduced in size. It will be in a
landscape bed. The applicant agreed to have the sign subject to Mr. Stern’s
4.1 – addressed
4.2 – agreed
4.3 – Applicant agreed to work
with Mr. Stern
4.4 – agreed
4.5 – design waiver granted
4.6 – agreed
4.7 – agreed
4.8 – agreed
4.9 – addressed
4.10 – Applicant agreed to work
out landscaping along parking spaces with Mr. Stern
4.11 – agreed
Mr. Ferriero said all items have
been addressed in his report.
Mr. Behrens said we would like to
see the final detail on the signs.
It was determined the
modifications to the plans will be done before the resolution is acted upon
PUBLIC PORTION OPENED
No one stepped forward.
PUBLIC PORTION CLOSED
Mr. Zoschak made a motion to
approve the application subject to all items agreed to. Mr. Alford seconded.
Mr. Meyer stated on 1/18/07 and
2/20/07 the Economic Development Committee has invited property owners along
Rt. 46 to attend a meeting here to let them talk about their concerns and the importance
of developing Route 46.
Mr. Shadiack said the Committee
will also be presenting its 2nd annual award at that time to Kuiken Brothers.
The meeting was adjourned by
motion at 9:30 p.m.
A. DeMasi, Secretary