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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.

 

Reorganization

 

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 for Chairman.

 

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.

 

There were no other nominations.

 

Roll as follows:  Mr.  Zoshcak, yes; Mr. Alford, yes; Mr. Behrens, yes; Mr. Sweeney, yes; Mr. Meyer, yes.

 

Mr. Meyer asked for nominations for secretary. 

 

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 Meetings Act”.

 

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 Bautz.

 

PROFESSIONAL STAFF PRESENT:  Tom Germinario, Board Attorney; Russell Stern, Township Planner; Paul Ferriero, Board Engineer.

 

Also present:  Dolores DeMasi, Secretary.

 

RESOLUTION -1

 

 

RESOLUTION

TO PROVIDE ANNUAL NOTICE OF MEETINGS

 

                WHEREAS, 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 year 2007.

 

               

NOW, 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.

 

                BE 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

 

EXHIBIT A

 

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 made.

 

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 #2

 

RESOLUTION SELECTING A PUBLIC PLACE FOR POSTING NOTICES AND INDICATING TWO PAPERS TO WHICH NOTICES ARE SENT

 

                WHEREAS, 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.

 

                NOW, 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 Jersey; and

 

                BE 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.

 

Daily Record

Star Ledger

           

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 #3

 

RESOLUTION

“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.

 

                NOW, 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. Behrens seconded.

                                   

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 #4

 

RESOLUTION TO RETAIN A PLANNING BOARD

ATTORNEY AND CONSULTING ENGINEER

 

            WHEREAS, there exists a need within the Planning Board for the retention of an Attorney and Consulting Engineer;  and

 

            WHEREAS,  the funds are available for these purposes; and

 

            WHEREAS, 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

 

            WHEREAS, 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.

 

            NOW, THEREFORE, BE IT RESOLVED  by the Planning Board of the Township of Roxbury, as follows:

 

            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.

 

            2.  Thomas Germinario, Esq. is retained to serve as Counsel to the Board during the calendar year 2007

 

            3.  Ferriero Engineering is retained to serve as Consulting Engineering to the Board during the calendar year 2007

 

            4.  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.

 

            5.  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 passage.

 

            6.  This resolution shall take effect immediately.

 

Discussion. 

                                   

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.

 

 

 

 

 

 

 

 

 

 

RESOLUTION #5

 

RESOLUTION

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

 

                WHEREAS, 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.

 

                NOW, 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. 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.

 

REGULAR AGENDA

 

Minutes of 12/6/07

 

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.

 

RESOLUTIONS

 

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

                                                                                           RESOLUTION

 

 Decided:  December 6, 2006

 Memorialized: January 3, 2007

 

IN THE MATTER OF MARK TUCCI

AMENDED MINOR SUBDIVISION APPROVAL

BLOCK 2601, LOT 12

APPLICATION NO. M-9-06

 

WHEREAS, 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

 

WHEREAS, the application was deemed complete by the Board, and a public hearing was held on 12/6/06; and

 

WHEREAS, it 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

 

WHEREAS, the 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 Applicant’s property.

 

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 11/16/06.

 

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 Construction Official.

 

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

 

 

                                      ROXBURY 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.

 

1.  Applicant/Permittee:  Mark Tucci

 

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 12/6/06

 

5.  Major Soil Permit Approval Date:  12/6/06

 

6.  Effective Date:  12/6/06

 

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 11/30/06.

 

E.         The Board has made the following additional findings of fact: 

 


1.         The Applicant intends to export 412 cubic yards (c.y.) of soil.

 

2.         The Applicant proposes to relocate within the site 1,268 c.y. of soil.

 

3.         The Applicant intends to export fill to a location outside the Township.

 

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 conditions: 

 

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 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 - $190.20 ($0.15/cy

times 1,268 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 $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 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.

 

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. Schultz seconded.

 

Roll as follows:  Mr. Sweeney, yes; Mr. Schultz, yes; Mr. Behrens, yes.

 

COMPLETENES

 

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.

 

AGENDA

 

LETTER FROM ATTORNEY GEORGE JOHNSON IN REGARD TO AN EXTENSION OF HANNAKA SUBDIVISION

 

ROXBURY TOWNSHIP PLANNING BOARD

RESOLUTION OF MEMORIALIZATION

 

Approved: Jan. 3, 2007 Memorialized: Jan. 3, 2007                                   

IN THE MATTER OF AUDREY HANNAKA

EXTENSION OF TIME FOR FILING MINOR-SUBDIVISION DEEDS

BLOCK 10301, LOT 2

APPLICATION NO. M-6-02

 

                                WHEREAS, 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

 

                                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 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.

 

                                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 January 3, 2007.

 

Discussion.                                          

 

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 extension. 

 

Discussion

 

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 the applicant. 

 

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:

 

  • Belgian block curb along driveway and parking area
  • Re-stripe parking area
  • Removing excess pavement
  • Delineated storage area with metal railing
  • New stockade fence along southerly property line
  • Small display area to be delineated
  • Will add landscaping and trees
  • Adding lighting to the building

 

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 site. 

 

Mr. Alford asked if there are any signs proposed.

 

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 the morning.

 

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. Stern’s report:

 

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 station.

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 railing.

 

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 p.m.

 

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 stockade fence.

 

The applicant agreed.

 

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 Valley Rd.

 

Discussion.  The Board agreed to the waiver.

 

1.23 – County has requested additional cartway width.  The Board determined any approval will be subject to County requirements.

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 granted.

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 the lights.

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 approval.(open item)

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 next month.

 

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.

 

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.

 

 

New Business

 

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.

 

 

                                                            Dolores A. DeMasi, Secretary

 

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