View Other Items in this Archive | View All Archives | Printable Version

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, Charles Bautz, Robert DeFillippo, Gary Behrens, Steven Alford, Jim Rilee.

 

ABSENT:  Robert Schultz, Joseph Schwab, Richard Zoschak, Larry Sweeney, Michael Shadiack.

 

PROFESSIONAL STAFF PRESENT:  Tom Germinario, Russell Stern.

 

Also present:  Dolores A. DeMasi, Board Secretary.

 

Minutes of 6/6/07

 

Mr. Rilee made a motion to approve the minutes.  Mr. Behrens seconded.

 

Discussion.  Changes noted and made.

 

Roll as follows:  Mr. Rilee, yes; Mr. Behrens, yes; Mr. Bautz, yes; Mr. Meyer, yes.

 

COMPLETENESS

 

Cooper/Stavrakis – subdivision on Eyland Ave./Eyland Place

 

Mr. Stern stated the recommendation of the staff is to deem the application complete as all information required has been submitted.

 

Mr. Rilee made a motion to deem the application complete.  Mr. Behrens seconded.

 

Roll as follows:  Mr. Rilee, yes; Mr. Behrens, yes; Mr. Bautz, yes; Mr. Alford, yes; Mr. DeFillippo, yes; Mr. Meyer, yes.

 

The application was scheduled for 8/1/07.

 

Tower Hill Associates – subdivision on Hillside Ave./Beeman Place

 

Mr. Stern stated the application requires no completeness waivers.

 

Mr. Rilee made a motion to deem the application complete.  Mr. Bautz seconded.

 

Roll as follows:  Mr. Rilee, yes; Mr. Bautz, yes; Mr. DeFillippo, yes; Mr. Alford, yes; Mr. Meyer, yes.

 

The application was scheduled for 9/5/07.

 

RESOLUTIONS

 

PBA-07-07 – KBC PROPERTIES – SITE PLAN FOR LUMBERYARD LOCATED ON RT. 10, BLOCK 1905, LOTS 11 & 13 IN B-2 ZONE

 

                                               ROXBURY TOWNSHIP PLANNING BOARD

                                                                                           RESOLUTION

 

 Decided:  June 6, 2007

 Memorialized:  July 11, 2007

 

IN THE MATTER OF KBC PROPERTIES, LLC

PRELIMINARY MAJOR SITE PLAN APPROVAL

BLOCK 1905, LOTS 11 and 13

APPLICATION NO. PBA-07-0007

 

WHEREAS, KBC Properties, LLC (hereinafter the "Applicant") applied to the Roxbury Township Planning Board (hereinafter the "Board") for preliminary major site plan approval on 8/11/06; and

 

WHEREAS, the application was deemed complete by the Board, and public hearings were held on 3/7/07, 4/18/07 and 5/6/07; 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.  The property which is the subject of the application consists of two lots containing a total of 11.34 acres located in the B-2 Highway Business Zone. The property has access to Route 10 and East Mapledale Avenue. The site was formerly utilized by Wicks Lumber as a lumberyard consisting of an office, warehouse and outdoor storage. Operations ceased as a result of a fire. Wicks re-started its operations from buildings and structures remaining after the fire but eventually ceased after a period of time.  In 2005, Kuiken Brothers Company received a Zoning Permit to commence lumber yard operation on a temporary basis while they worked toward submission of a major preliminary site plan application.

 

Adjoining properties include:

 

§         Single family dwellings zoned R-3 Residential District to the west

§         Eyland Avenue/Route 10 jughandle to the northwest

§         A retail building  zoned B-2 Highway Business to the northwest

§         Kuiken Bothers showroom zoned B-2 to the northeast

§         Railroad tracks to the east

§         Horseshoe Lake zoned OS Open Space to the south

§         East Mapledale Avenue to the southwest

 

A 150-foot freshwater wetlands buffer related to wetlands located along the northerly and easterly property lines overlie a significant portion of the site. A 150–foot and 300-foot special water resource protection area associated with Horseshoe Lake also overlay the property. The site is located with Tier 3 of the MCMUA Alamatong Wellfield wellhead protection area.

 

            2.  The development of the subject property proposed by the Applicant comprises major preliminary site plan approval with ‘c’ variances and design waivers for a new lumberyard. Lumberyards are a principal permitted use in the B-2 zone but are required to be located more than 500 feet from an active public well.

 

The existing pavement and structures, including two frame canopies, a frame shed, frame garage and office trailer, will be removed. The applicant proposes a 91,552 square foot building located 50.4 feet from the rear property line of homes located along Eyland Avenue. The building footprint encompasses 86,690 square feet (1.99 acres). Uses inside the 30’-6” tall structure (measured to rooftop), includes the following:

 

§         A 54,164 square feet (1.2 acre) warehouse

§         A 27,664 square feet (0.635 acre) enclosed drive-thru area with storage racks

§         9,724 square feet of offices and conference room on two levels (4,862 square feet on each floor)

 

The application includes three (3) 12,000 square feet (40 ’x 300’) canopied T-sheds to store bulk lumber and building supplies located between the building and railroad tracks. Three (3) uncovered lumber stacks ranging in size from 2,400 square feet to 4,980 square feet will be situated to the three sides of the canopied T-sheds. A 24’ x 280’ covered 3-sided shed will be located approximately 107 feet from the Horseshoe Lake property line. The existing railroad tracks will be extended into the property to facilitate off-loading activity. A 12’ x 12’ guardhouse will be located approximately 225 feet from Route 10.

 

Thirty-six parking spaces are located along the northerly building elevation of the enclosed drive-thru area and eight spaces are located along the offices. Access to the site is from Route 10. No access is proposed to East Mapledale Avenue nor will pavement be extended to that road.

 

Proposed floor area ratio is 0.19 (0.20 permitted) and impervious coverage is 60% (60% permitted and 62.2% existing). Public water and sewer will service the site. The applicant proposes stormwater infiltration measures.

 

Among the variances required, one will be necessary for outdoor storage, as the Land Development Ordinance requires outdoor storage to be located to the rear of the principal building and screened from adjoining properties and streets Outdoor storage will be located to easterly side of the building.  Screening is proposed through a combination of 3-sided shed, landscaping and fence.  The project will not be phased.

 

3.  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:

 

Prepared by Schoor DePalma, revised 4/2/07

 

-                    Sheet 1, Cover Sheet

-                    Sheet 2, Existing Conditions Map

-                    Sheet 3, Slopes Map

-                    Sheet 4, Demolition Plan

-                    Sheet 5, Site Layout & Dimensional Control   Plan, revised 5/4/07

-                    Sheet 6, Site Striping Plan, revised 5/4/07

-                    Sheet 7, Truck Turning Plan

-                    Sheet 8, Grading & Utility plan

-                    Sheet 9, Landscape Plan, revised 5/4/07

-                    Sheet 10, Lighting Plan

-                    Sheet 11, Soil Erosion and Sediment Control Plan

-                    Sheet 12, Profiles

-                    Sheet 13, SECS Notes and Details and             Landscaping Notes and Details

-                    Sheet 14, Construction Details

-                    Sheet 15, Construction Details

-                    Environmental Impact Statement, dated 10/27/06

 

                                Prepared by Byrne Design Associates, Inc.,

                                revised 3/28/07

 

-                    Sheet 1, Elevations, undated revision

-                    Sheet 2, Floor Plan

-                    Sheet 3, Second Floor Plan

-                    Sheet 4, Canopy and Guard House

 

4.  In support of the application, the Applicant submitted the following documents, which are part of the hearing record:

 

(1)           Preliminary Site Plan Application, dated 8/11/06

(2)           NJDEP LOI Letter, dated 9/28/05

(3)           MCMWA letters, dated 9/26/06 and 5/9/07

(4)           Morris County Planning Board Site Plan Report,                                                           dated 10/18/06

(5)           Application for Freshwater Wetlands Transition                                                           Area Waiver and Averaging Plan,

                                dated 2/28/07

(6)           Schoor DePalma letter, dated 4/11/07

(7)           Theodore Einhorn, Esq., letter dated 5/1/07

(8)           Jason Rittie, Esq., letter dated 5/4/07

 

5.  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, PP, dated 2/28/07 (updated 4/4/07 and 5/7/07), and 4/5/07 (updated 5/8/07)

-                    Paul Ferriero, PE, dated 2/27/07, 4/16/07 and 5/8/07

 

6.  Township officials and/or agencies submitted the following reports concerning their reviews of the application, which are part of the hearing record:

 

-                    Michael Pellek, Fire Official, dated 2/15/07

-                    Abigail Montgomery, Sr., REHS, dated 2/28/07

 

7.  In the course of the public hearings, the following exhibits were marked and are part of the hearing record:

 

A-1         Computer-Generated Rendering of Entire Site

A-2         Computer-Generated Rendering of Main Building                                         and Guardhouse

A-3         Colored Rendering of Elevations from Main Entry                                        and Guardhouse

A-4         Colored Rendering of Overall Site

A-5         Sight-line Drawings

A-6         Renderings of Rear Building Elevations

A-7         View of Site looking West

A-8         Sight line from Second Floor of Home on Eyland                                           Ave.

A-9         Colored Rendering of Landscape Plan (rev.                                                    5/4/07)

O-1          Letter of Valerie Rivera, dated 3/6/07

 

8.  In the course of the public hearings, the Applicant was represented by Theodore Einhorn, Esq. and Jason Rittie, Esq., and the Applicant presented the testimony of the following witnesses, which testimony is part of the hearing record:

 

Doug Kuiken, principal owner

William Byrne, architect

Adam Remick, engineer

Nicholas Verderesce, traffic engineer

 

9.  The development of the subject property as proposed by the Applicant requires relief from the following land use provisions of the Township ordinances:

 

-                    A variance is necessary from Section 13-7.815A as the Applicant’s proposal for a lumberyard is specifically prohibited within 500 feet of an active public well.  Additionally, the parking of trailers and outdoor storage or storage yards for building materials or equipment are also prohibited.  An active public well is located approximately 160 feet to the east servicing office/service uses.

 

-                    A variance is necessary from Section 13-7.818 as the application exceeds the maximum allowable area of steep slope disturbance.

 

-                    A variance is necessary from Section 13-7.810.1B that prohibits an accessory building in the front yard while the Applicant proposes a 12’ x 12’ guardhouse approximately 225 feet from Route 10.

 

-                    Applicant requires a variance from Section 13-7.2502D7 which prohibits a building height of more than 28 feet while the proposed building has a 30.5 foot height.

 

-                    A design waiver is necessary from Section 13-8.500 as overhead lines will stretch from Route 10 to just south of the wetlands.

 

-                    A design waiver is necessary from Section 13-8.809B, as 6-foot high fence is located in the front yard between the right-of-way and front building wall while such fence shall not exceed a 4-foot height.

 

-                    A design waiver is necessary from Section 13-8.701B, as a total of 80 parking spaces are required while 44 spaces are provided.

 

-                    A design waiver is necessary from Section 13-8.702E, as a 24-foot wide two-way traffic aisle is required while the width of the access drive narrows to 22.4 feet.

 

-                    A design waiver is necessary from Section 13-8.702O, as a nine (9) foot wide curbed planting island containing a shade tree shall be provided to separate any parking bay exceeding 20 spaces.  The Applicant proposed 21 spaces without the benefit of a planting island.

 

-                    A design waiver is necessary from Section 18-8.702K, as Applicant does not provide hairpin striping of parking spaces.

 

-                    A variance is necessary from Section 13-7.816A which prohibits outdoor storage other than directly behind the rear building elevation.  Outdoor storage is proposed to the easterly side building elevation under the three (3) 12,000 square feet T-sheds and four (4) lumber stacks.

 

-                    A variance is necessary from Section 13-7.816F as the outdoor storage area is not screened from adjoining properties.

 

-                    A variance is necessary from Section 13-8.905B and 13-8.916D1, as only one (1) façade sign is permitted while the Applicant proposes three (3).

 

-                    A design waiver is necessary from Section 13-8.707E that allows a light fixture mounting height of no greater than 18 feet.  The Applicant proposes building mounted lights associated with the T-sheds and the 3-sided shed at a height of 22 feet.

 

-                    A variance is necessary from Section 13-7.21A01 as a continuous landscaped buffer area of not less than thirty-five (35) feet in width shall be maintained along the R-3 District (Eyland Avenue and East Mapledale Avenue properties).  The Applicant originally proposed an approximate 25 feet width due to a proposed fire lane behind the warehouse building.

 

-                    A design waiver is necessary from Section 13-8.804A, as street trees are not provided within the Route 10 right-of-way.

 

-                    A design waiver is necessary from Section 13-8.807A, as a double staggered row hedge planting is not provided along the parking lot.

 

10.  Based on the hearing record, the Board has made the following findings relative to the variances and/or design waivers sought by the Applicant:

 

-               The variance from Section 13-7.815A is granted, because the site has provisions for storm water management (quality and quantity) which are acceptable to the MCMUA.  There shall be no storage of hazardous materials reportable under the New Jersey Worker and Community right to Know Act.  Applicant will reduce impervious coverage on the site.

 

-               The variance from Section 13-7.818 is granted.  The Board notes that the existing steep slopes located at the perimeter of the site appear associated with man-made excavation for the development of Wicks Lumber, and Applicant will grant a conservation easement for the southern portion of the property.

 

-               The variance from Section 13-7.810.1B is granted.  The Board has no objection since the architecture of the guardhouse has been enhanced.  Any exposed exterior mechanical units shall be located along the southerly façade.

 

-               The variance from Section 13-7.2502D7 is granted.  Enhanced building architecture has been provided.  The Planning Board retains jurisdiction of this variance as the deviation does not exceed 10% of the permitted height.

 

-               The design waiver from Section 13-8.500 is granted, since underground installation is restricted by NJDEP.

 

-               The design waiver from Section 13-8.809B is granted.  The Board has no objection if the fence and gate are specified as black vinyl clad posts, rails and mesh (Section 13-8.809G).

 

-               The waiver from Section 13-8.701B is justified by a comparison to parking demand at similar warehouse facilities.

 

-               The design wavier from Section 13-8.702E is granted.  Applicant is maintaining the 22.4’ width but providing mountable granite block curbs.

 

-               The design waiver from Section 13-8.702O is granted.  The Board has no objection since the planting island at the northeasterly building corner is widened and provided with landscaping and a shade tree.

 

-               The design waiver from Section 18-8.702K is granted based on the nature of the use.

 

-               The variance from Section 13-7.816A is granted, because a 3-sided shed and landscaping are provided to partially screen the storage area.

 

-               The variance from Section 13-7.816F is granted because of the partial screening provided by the 3-sided shed and the extensive landscaping.

 

-               A variance from Sections 13-8.905B and 13-8.916D1 is granted, provided the Applicant eliminates the north-facing façade sign.

 

-               A partial design waiver from Section 13-8.707E is granted with respect to lighting fixtures mounted on the T-sheds and the 3-sided shed.

 

-               The variance from Section 13-7.21A01 is granted since Applicant has provided enhanced building architecture and fencing, as well as extensive landscaping in the buffer area, and has prohibited mechanical units along the rear and southerly building elevations.

 

-               The design waiver from Section 8.804A is granted in view of the extensive landscaping provided elsewhere on the site.

 

-               The waiver of Section 13-8.807A is granted.  The Board has no objection as the area for the hedge is needed for the movement of stormwater.

 

11.  The Board finds that adequate access to the site will be provided.

 

12.  The Board finds that adequate provisions have been made for water supply, sewage disposal and solid waste disposal facilities to service the proposed development.

 

13.  The Board finds that adequate provisions have been made for the management of stormwater on the developed site in the form of infiltration trenches and best management practices.

 

14.  The Board finds that an adequate plan for internal traffic circulation, vehicle loading/unloading and parking within the developed site has been presented by the Applicant.

 

15.  The Board finds that the impact of traffic associated with the proposed development will not be detrimental to public safety.  Traffic impact has been reduced by the use of the relocated rail siding for deliveries.

 

NOW, THEREFORE, BE IT RESOLVED, that the Board does hereby approve the preliminary site plan 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 the Board’s signature of the preliminary site plan drawings:

 

1.  Only trucks owned by Applicant’s shall be stored on the site.  Trucks shall be stored only within the warehouse building, beneath t-sheds or 3-sided shed or at the loading docks.  Forklifts shall be parked in the drive-through or under t-sheds.  Revised site plans shall be noted accordingly.

 

2.  Emergency fire access behind the warehouse shall be deleted from revised plans.

 

3.  All treated lumber shall be stored indoors, in the drive-through or under t-sheds.

 

4.  Proposed 1000-watt metal halide light bulbs shall be replaced with 400-watt bulbs.  All fixtures shall be shoebox type with cut-off shields, if necessary.  Fixtures shall be relocated as approved by the Board Engineer.  If necessary, a partial design waiver is granted with respect to Section 13-8.707F requiring average intensity of 0.5 footcandle.

 

5.  Revised plans shall be corrected to accurately depict the actual graveled areas on the eastern side of the site.

 

6.  Revised plans shall depict a stop sign at the guardhouse with a supplemental panel (not more than 24” x 30”) reading “All Vehicles Must Check In.”

 

7.  Details of directional signage to identify sheds shall be added to the plans.  Directional sign area shall not exceed 1’ x 1’, and all sign locations shall be approved by the Township Planner.

 

8.  Activity on the site before 6:00 a.m. and after 11:00 p.m. is prohibited.

 

9.  Applicant shall insulate the entire warehouse building interior for sound attenuation.

 

                                10.  Applicant shall comply with Section 13-7.21A02 Noise Control, “No commercial/industrial use shall be permitted within five hundred (500) feet of a residential district unless such use demonstrably conforms to all applicable requirements of Chapter XXI, ‘Noise Control’, of the Revised General Ordinances of the Township.”

 

                                11.  General material and colors along with dimensions shall be noted on the architectural drawings and for each building elevation, including roof color of warehouse and t-sheds.  A detail of the decorative columns on the sheds and main building shall be provided.

 

                                12.  There shall be no rooftop mechanical units.  No exterior mechanical units or venting of mechanical units shall be permitted along the westerly or southerly building elevations.  Engineering and architectural drawings shall be so noted.

 

                                13.  Pursuant to Section 13-8.706, rooftop mechanical equipment shall be architecturally screened in a manner compatible with the building architecture. Engineering and architectural plans shall be noted accordingly.

 

                                14.  Pursuant to Section 13-7.818, Applicant shall grant the Township a conservation easement covering the southerly portion of the property for an approximate 99 feet depth.  A drainage easement shall be provided within the conservation easement.

 

                                15.  Pursuant to Section 13-8.500, all electric, telephone and cable television lines, with the exception of overhead lines from Route 10 to just south of the wetlands (due to DEP restrictions), shall be installed underground.  Plans shall be noted accordingly.

 

                                16.  Details for the proposed concrete loading dock retaining wall shall be provided.

 

                                17.  Pursuant to Section 13-8.501E, Applicant shall obtain sewer capacity allocation by the Director of Public Works and authorization by the Governing Body.

 

                                18.  The main warehouse shall have a fire protection system (i.e., sprinkler system).  The proposed yard fire hydrant shall have the curb painted yellow in front of the hydrant.

 

                                19.  With the exception of fence along the easterly property line, all existing chain link fence and gates shall be replaced with new black chain link fence with vinyl clad posts, rails and mesh.  Barbed wire shall be removed from the existing fence along the easterly property line.

 

                                20.  Board on board fence for screening shall be specified along Lots 9 and 10.  Additional details shall be provided for board-on-board fence.

 

                                21.  Existing chain link fence and gate in poor condition shall be replaced with black vinyl clad chain link fence with vinyl clad post, rails and mesh.  Specify new gate and provide detail.

 

                                22.  The chain link fence along the southerly Horseshoe Lake property line is in poor condition and shall be replaced with a decorative black metal fence.

 

                                23.  Any proposal for communication antennae shall comply with Section 13-7.812 and avoid exposure to the Eyland Avenue and East Mapledale Avenue properties.

 

                                24.  The refuse/recycling enclosure details shall provide notes and additional details in accordance with Section 13-8.705D.  Of particular importance is that opposite boards are provided with a minimum one (1) inch overlap.  Provide interior bollards.  Specify concrete foundations for fence sections.  Additional posts are needed considering 15’ and 30’ fence spans.

 

                                25.  A detail of the refuse/recycling enclosure gate spanning the full opening shall be provided.

 

                                26.  Lots 11 and 13 shall be merged prior to final site plan approval.

 

                                27.  A lot line revision fee shall be paid in accordance with the Ordinance.

 

                                28.  East Mapledale Avenue shall be dedicated to the Township.

 

                                29.  Access to Eyland Avenue is prohibited.  Pursuant to Section 13-7.21A03, access from this commercial property to Eyland Avenue not permitted.

 

                                30.  The off-street parking areas shall be used exclusively for the parking of automobiles.  No commercial repair work or sales of any kind shall be conducted in the parking area.

 

                                31.  A stop sign shall be posted at the northeasterly building corner for vehicles exiting the parking lot and entering the traffic aisle intersection.

 

                                32.  Existing sidewalk and curb along Route 10 shall be repaired/replaced as directed by the Township Engineer.

 

                                33.  Loading/unloading spaces along the easterly building elevation shall be dimensioned in accordance with Section 13-8.703A.

 

                                34.  Dock bumpers will be provided.

 

                                35.  Cutting of treated lumber and any assembly or manufacturing operations are prohibited outdoors.

 

                                36.  The dispensing of fuel and vehicle/machine repair within the storage yard shall be prohibited.  A small above-ground diesel tank will be located in the warehouse for use by the forklifts.

 

                                37.  The drawings shall note the following in accordance with Section 13-7.816:

 

                                a.             Outdoor storage of materials and/or equipment shall only be permitted for the tenants occupying the building within the same lot as outdoor storage.

 

                                b.             Outdoor storage of materials and/or equipment shall not exceed a height of fourteen (14) feet, except when located within t-sheds and/or the three-sided shed.

 

                                38.  Dimensioned details of the 2’ x 4’ façade signs shall be provided.

 

                                39.  T-shed signs and a number of directional signs will be situated throughout the lumberyard to direct delivery vehicles and contractors to the appropriate location.  The type and location of proposed directional signs shall be approved by the Township Planner.

 

                                40.  All proposed signs shall be located and dimensioned details provided.

 

                                41.  All proposed wall lights shall be depicted on the architectural elevations and mounting height dimensioned.

 

                                42.  With respect to lights proposed to illuminate the walkway into the office, the light lens shall be flush with the canopy ceiling.  A detail shall be provided.

 

                                43.  A mounting detail depicting the attachment of wall lights to the easterly and westerly T-shed fascia shall be provided.  The wall light is not permitted to extend beyond the top of the fascia unless mounted within the T-shed canopy.

 

                                44.  A mounting detail of the interior T-shed light should be provided.

 

                                45.  The lighting plan shall note that the light lens shall be flush with the fixture housing and parallel to the ground (Section 13-8.707D).  The details on sheet 15 depicting a light lens extending beyond the fixture shall be eliminated.

 

                                46.  The light detail should specify a base plate cover.

 

                                47.  Reference to an exposed 36” concrete light base on the light fixture detail (sheet 15) shall be eliminated, as the poles can be located behind curbing.  Per ordinance, the detail shall note that the exposed concrete light foundation shall not exceed 6 inches above grade.

 

                                48.  The demolition plan and lighting plan shall note that all existing lights (fixtures, pole and wires) used to illuminate the property shall be eliminated.

 

                                49.  Existing trees to be preserved and to be removed shall be noted accordingly.

 

                                50.  The limit of disturbance line/silt fence line shall be shifted to preserve existing trees to the extent feasible.

 

                                51.  A Tree Removal Permit shall be obtained prior to tree removal.  Tree replacement calculations should be provided.

 

                                52.  Pursuant to Section 13-11.13c, a performance guarantee shall be submitted in an amount not to exceed 120% of the cost of replacement trees prior to the issuance of a Tree Removal Permit.

 

                                53.  Since street trees are not provided along Route 10, trees will be located outside of the right-of-way.

 

                                54.  On landscape plan, all caliper dimensions shall also be provided with a corresponding typical height range.

 

                                55.  Plans shall either specify an irrigation plan or a sufficient quantity of hose bibs to adequately service the site.

 

                                56.  Additional landscape screening shall be provided to help mitigate the variances required for the location and view of outdoor storage:

 

                                                -               within Lot 13

                                                -               at the northeast property corner

                                                -               a secondary tier of landscaping closer to

                                                                the southerly storage yard boundary

                                                -               additional shade trees in the vicinity of

                                                                the rip-rap apron and loading area

 

                                57.  The landscape details and planting notes shall state that tree wires and stakes shall be removed by the Applicant one year after the date of installation and that existing trees will be pruned of dead wood.

 

                                58.  A revised landscape plan will be submitted and subject to the review and approval of the Township Planner.

 

                                59.  Since the stream to the east of the site is tributary to a C-1 stream, the final mapping of the Special Water Resource Protection Areas and wetlands transition areas shall be approved by the NJDEP as part of the redevelopment permits for the site.

 

                                60.  The loading dock retaining wall near the rail siding shall have additional striping.

 

                                61.  The “No Parking” striping shall extend to the access side of the trash enclosure and along the parking access on the north side of the building.

 

                                62.  The elevation of the rip rap apron shall be clarified.  The profile for the storm system shall continue from the overflow to the point where it reaches existing grade.

 

                                63.  The Soil Erosion and Sediment Control Plan will need to be certified by the Morris County Soil Conservation District.  The plan shall be updated to show the overflow from the stormwater system.

 

                                64.  All utility details shall be reviewed by the Township Engineer/Utility Company, as appropriate.

 

                                65.  Additional detail shall be provided for the retaining walls.

 

                                66.  The pavement cross section shall be increased for a heavy truck use as proposed on the site.

 

                                67.  Additional detail (dimensions, thickness, stone size, etc.) shall be provided for the rip rap apron.

 

                                68.  A functional analysis of the redevelopment of the SWRPA shall be conducted to determine if additional water quality or rate control is required.  This review will be conducted by the NJDEP as part of the redevelopment permit.

 

69.  The following construction mitigation measures are hereby made applicable to this project:

 

A.            Elimination of anti-vandalism horns on equipment.

 

B.            Work hours shall be limited from 7:00 a.m. to 5:00 p.m. Monday through Saturday.  No work shall take place on Sundays or holidays except on an emergency basis.  The holidays which shall be observed for purposes of this condition shall be New Year's Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas.  The Applicant shall maintain personnel on site to whom incidents of noise disturbance shall be reported and said personnel shall be authorized to take measures to minimize said disturbances.  As used in this section, “work” shall include both interior and exterior construction.

 

C.            Anti-litter regulations shall be imposed on site.

 

D.            The Applicant shall establish regulations for the safe and proper transfer and transport of fuel on site.

 

E.             Tracking mats shall be located by the Morris County Soil Conservation District and the Township Engineer in such places as to minimize the tracking of dirt and mud onto Route 10.

 

F.             Clean-up and wash-down of trucks and equipment shall be required before leaving the construction site.

 

G.            Adequate provisions for safe control of employee parking including employees of the contractors and sub-contractors shall be required on site during construction.

 

H.            During construction, all construction traffic shall enter and exit the site exclusively from Route 10.

 

I.              Violation of any of these construction mitigation measures may result in a stop work order, which order shall remain in full force and effect until the condition is remedied to the satisfaction of the Township Engineer.

 

70.  Prior to disturbance of the subject property, the Applicant shall comply, to the extent applicable, with the provisions of Ordinance Chapter XVII, “Soil Removal and Soil Relocation.”

 

71.  Prior to final site plan/subdivision approval, the Applicant shall obtain from the Township Engineer a determination of required off-tract improvements and Applicant’s pro-rata contribution with respect thereto, pursuant to Ordinances §13-4.6 and 13-4.7.  Said contribution shall be paid in full prior to final site plan/subdivision approval.

 

72.  Pursuant to Section 13-7.829, the Applicant shall pay a mandatory development fee equal to two percent (2.0%) of the total equalized assessed valuation of the nonresidential development.  Fifty percent (50%) of the fee shall be posted prior to the issuance of any building permit and the remainder paid prior to the issuance of a certificate of occupancy.

 

73.  Applicant shall source separate and recycle all mandated material as required by the Municipal Recycling Ordinance and the Morris County Solid Waste Management Plan both during construction and for the duration of occupancy.

 

74.  Drawings shall identify areas for trash and recycling enclosures and potential future expansion of these enclosures with corresponding details.

 

75.  In the event that future additional dumpster enclosures are needed for the site, then upon the approval of the Zoning Officer, they shall be constructed.

 

76.  This approval is subject to all other approvals required by any governmental agency having jurisdiction over the subject property.

 

77.  This approval is subject to the payment in full by the Applicant of all taxes, fees, escrows, assessments and other amounts due and owing to the Township and/or any agency thereof.

 

78.  If the Soil Conservation District, Morris County Planning Board, or any other governmental body from which approval is necessary causes, through their examination of the plans as recited in this resolution, any revisions to said plans then, in that event, same shall be submitted to the Planning Board Engineer.  If the Planning Board Engineer deems said revisions to be significant, the Applicant shall return to the Planning Board for further review and approval.

 

79.  Revised plans shall be submitted within 60 days and must be deemed complete to the satisfaction of the Board Engineer within 6 months of the date of memorialization.  Failure on the part of the Applicant to satisfy this or any other condition of this resolution will result in referral of this matter back to the Planning Board for purposes of deeming the approval null and void.

 

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 6/6/07.

 

Mr. Bautz made a motion to approve the resolution.  Mr. Rilee seconded.


Discussion.  Changes noted and made.  

 

Roll as follows:  Mr. Bautz, yes; Mr. Rilee, yes; Mr. Behrens, yes; Mr. Meyer, yes.

 

JAMES MCARDLE - EXTENSION OF SOIL AND SUBDIVISION ON PROPERTY LOCATED ON BERKSHIRE VALLEY RD., BLOCK 7101, LOT 25

 

                                               ROXBURY TOWNSHIP PLANNING BOARD

                                                                 MAJOR SOIL REMOVAL/RELOCATION

PERMIT EXTENSION

 

                Pursuant to Chapter XVII of the General Ordinance of the Township of Roxbury, Article 17-1 et seq. (the “Ordinance”), the Roxbury Township Planning Board (the “Board”), having conducted a public hearing pursuant to the Ordinance, does hereby grant to the Applicant identified herein and extension of its Major Soil Permit, subject to the terms and conditions enumerated herein below.

 

1.               Applicant/Permittee: James McArdle

 

2.               Application Number: S-25-04

 

3.               Property Identification:  Block 7101, Lot 25

 

4.               Subdivision/Site Plan Approval Date(s): Minor Subdivision 6/16/04

 

5.               Major Soil Permit Approval Date: 5/18/05

 

6.               Extension Approval Date: 6/20/07

 

7.               Extension Expiration Date: 7/19/08

 

8.               This permit extension is subject to all terms and conditions of the original approval.

 

 

                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. Rilee made a motion to approve the resolution.  Mr. Behrens seconded.

 

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

 

PBA-07-18 – RYAN AUTOMOTIVE – BMW – SOIL APPLICATION FOR PROPERTY LOCATED ON RT. 46, BLOCK 5301., LOT 14 IN B-2 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:  Open Road BMW

 

2.  Application Number:                                      5/15/06

 

3.  Property Identification:  Block 5301, Lot 14

 

4.  Subdivision/Site Plan Approval Date(s):  Preliminary Site Plan

                                                                                                                                                12/6/06

 

5.  Major Soil Permit Approval Date:  6/20/07

 

6.  Effective Date:  6/20/07

 

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 application dated 4/28/06; (2) report of the Planning Board Engineer, Paul Ferriero, PE, dated 6/13/07.

 

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

 


1.             The Applicant intends to export 1,106 cubic yards (c.y.) of soil.

 

2.             The Applicant proposes to relocate within the site 0 c.y. of soil.

 

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

 

4.             The route of truck travel from Applicant's site to the disposal site will be:  Route 46 to Howard Blvd. to Route 80 to outside the Township. 

 

5.             The Applicant has agreed to comply with the recommendations contained in the report of the Planning Board Engineer dated 6/13/07.

 

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 7:00 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 conditions of the preliminary site plan 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 outside the Township.

 

2.             The route of truck travel from Applicant's site to the disposal site shall be:  Route 46 to Howard Blvd. to Route 80 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 - $165.90 ($0.15/cy

Times 1,106 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 $3,000.00.

 


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. Rilee made a motion to approve the resolution.  Mr. Behrens seconded.

 

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

 

AGENDA

 

Letter for extension of soil application for Built Rite Homes

 

Ms. DeMasi stated this application received subdivision approval and then the lot was sold.   When it was sold the applicant didn’t submit a soil bond.  The gentleman who purchased the property put the bond up, but they now require an extension of time.  Nothing has changed on the application.  He is asking for one year from today to 7/11/08.

 

Mr. Rilee made a motion to approve the one-year extension.  Mr. Behrens seconded.

 

Roll as follows:  Mr. Rilee, yes; Mr. Behrens, yes; Mr. DeFillippo, yes; Mr. Bautz, yes; Mr. Alford, yes; Mr. Meyer, yes.

 

PBA-07-19 – ROXVILLE ASSOCIATES – AMENDMENT TO THE ARCHITECTURALS OF THE ROXBURY MALL LOCATED ON RT. 10/COMMERCE BLVD., BLOCK 5004, LOT 7 IN B-3 ZONE

 

Mr. Germinario stated for this matter, the Board can determine whether we need to review this as a site plan or if we can waive the requirement for a site plan. 

 

Mr. Stern said it is only building related.  There are no site plan issues.  There is no waiver required for the height, but it requires permission from the Board.

 

Mr. Stern said there was discussion by the applicant regarding architectural lighting, and on how the signs would look in context to this elevation.  The applicant’s architect said they would agree to replace damaged sidewalks, curbs and gutters and provide handicap ramps.  At this time, they are not proposing any modification.  There will be testimony tonight on the proposed changes.

 

Mr. DeFillippo said in the square area whether the public area is, we were hoping that would be renovated.

 

Mr. Davino said we did not want to address that at this time, but we will be coming back for that.

 

Attorney Elliot Warm represented the applicant.

 

Sal Davino was present.  He went over the exhibits:

 

A-4 – lighting

 

A-5 – architecturals showing placement of signs

 

Mr. Davino said other than wall sconces on the corners, all the lighting will be indirect and concealed and will wash the walls.  The signs are all backlit signs.  All the existing signs are conforming.  Exhibit A-5 shows how we will place the signs. 

 

Mr. Stern said some of wall-mounted fixtures are shown at 50 watts and some are 100 watts

 

Mr. Maseko said the floodlights are in the tower type A and are behind the translucent frosted glass.  There will be no light sources that are visible. except for the wall sconces.

 

Mr. Bautz asked if the center of the building at the lighthouse tower will be lit as well.

 

Mr. Davino said it will be internally lit.  That tower will be treated on all four sides. 

 

Mr. Rilee asked if the newer height will be able to be seen from the movie theater.

 

Mr. Davino said no.

 

Mr. Alford asked if this will be done on the whole center.

 

Mr. Davino said that is correct.

 

Mr. DeFillippo asked what the time frame is between phases.

 

Mr. Davino said we will start by the 3 story building on Rt. 10 and Commerce.  I would like to get it done this year.  It should be done within 8 months.

 

Mr. Stern said the applicant will come back to the Board for each phase if the Board requires it.  It is up to the discretion of the Board.

 

Mr. Davino said they will come back to the Board in the future to re-do the pylon signs.

 

The Behrens suggested the applicant come back to the Board after the first phase is completed.

 

Mr. Alford said this improvement is tremendous.  To have something like this is a bonus.

 

Mr. DeFillippo stated his only concern is that this gets started and is not completed all the way around.

 

Mr. Davino said we will complete the work.  I cannot give a definite time frame.

 

Mr. Germinario said what the Board would be doing would be waiving the requirement for site plan approval and determine that they can exceed the 28 foot height requirement.

 

The Board determined the applicant will present the plans for each architectural side to Mr. Stern and if he has an issue with anything, they will return to the Board for each phase.

 

Mr. Germinario said he is comfortable with what is being determined, and the Board’s action will be reflected in the minutes, and he will write a letter memorializing what has been agreed to.

 

The meeting was adjourned by motion at 8:15 p.m.

 

                                                            Dolores A. DeMasi, Board Secretary

 

lm/