C. 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.
D. 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.
E. 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.
F. This
approval is subject to all outside agency review as may have jurisdiction over
this matter.
G. This
Permit is subject to the following additional terms and conditions:
1. All
fill will be exported from Applicant's site to Lot 2, Block 6901 (Dell Avenue Municipal Park).
2. The
route of truck travel from Applicant's site through the Applicant’s property to
the disposal site shall be: through the Applicant’s properties across Dell Avenue to the Dell Avenue Municipal Park.
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 17-7.3
Engineering Inspection Fees pursuant
to Section 13-2.404 of
the
Township Ordinances
5. Applicant
shall place hay bales on the site to supplement planned silt fencing for
erosion control to the satisfaction of the Planning Board Engineer.
6. 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.
A
motion to approve the Resolution with no changes was made Mr. Zoschak and
seconded by Mr. DeFillippo.
Roll
call: Mr. Sweeney- yes, Mr. Alford, abs., Mrs. Lutz, yes; Mr. Zoschak, yes;
Mr. Schwab, abs., Mr. DeFillippo, yes
PBA-08-013
– Kyecoplaza Roxbury– Block 2704, Lot 11, 659 Route 46, Kenvil
Preliminary
site plan for retail building on Berkshire Valley Rd./Rt. 46, in the B-2 Zone.
ROXBURY TOWNSHIP PLANNING BOARD
RESOLUTION OF
MEMORIALIZATION
Decided: October 1,
2008
Memorialized: October
15, 2008
IN THE MATTER OF KYECO PLAZA-ROXBURY, L.L.C.
PRELIMINARY MAJOR SITE PLAN APPROVAL
BLOCK 2704, LOT 11
APPLICATION NO. PBA-08-013
WHEREAS, Kyeco Plaza-Roxbury,
L.L.C. (hereinafter the "Applicant") applied to the Roxbury Township
Planning Board (hereinafter the "Board") for preliminary major site
plan approval on 7/18/08; and
WHEREAS, the application was
deemed complete by the Board, and public hearings were held on 9/3/08 and
10/1/08; 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 128,448 square feet (2.949
acres) located in the B-2 Highway Business District at the intersection of
Route 46 and Berkshire Valley Road. The site is developed with a one-story
26,597 square feet commercial building previously occupied by single tenants
including IGA and then Captain Fresh. This former industrial building was
renovated and enlarged through preliminary site plan approval granted to Edward
Hsu (IGA) in 1993. Final site plan approval was granted on February 9, 1994
(memorialized February 23, 1994). The property has a nonconforming floor area
ratio, lot coverage and front yard setback from Route 46. The building is
vacant and the property and structure are in a state of disrepair.
The site
contains 98 parking spaces with 66 located to the east and 32 spaces located to
the west along Berkshire Valley Road. A water retention basin adjoins the
easterly residential property line. A loading dock and dumpster area are
situated along the northern building elevation across from a single family
home. Public water and sewer service the site.
At the time of
the IGA preliminary site plan hearings, the Planning Board was concerned with
traffic impacts immediately affecting Route 46 and Berkshire Valley Road,
parking, screening along residential properties, and noise and odor emanating
from the loading area, dumpster, and oven exhaust fans.
Developed
single-family lots located in the R-3 Residential District adjoin the northern
property line and a single family dwelling zoned B-2 adjoins the eastern
property line. Commercial development zoned B-2 is located to the west (Fresenius Medical Center) and to the south (Walt’s Hardware, gasoline service station).
2. The
development of the subject property proposed by the Applicant seeks site plan
approval to divide the interior of the building to create three (3) individual
tenant spaces. The building will accommodate (per engineering drawings), an
8,000 square feet tenant space towards Route 46, and a 7,330 square feet and
11,438 square feet future tenant spaces to the north. The building exterior
will be renovated to provide additional front entrances and service entrances (Berkshire Valley Road). No use has been specified for the proposed tenant spaces.
The Applicant
was before the Planning Board in 2007 seeking a similar approval but withdrew
the application. Since the initial 2007 application, the applicant has
submitted revised drawings and has significantly upgraded the appearance of the
building facades, screened the rooftop mechanical equipment and revised the
engineering drawings. . The sunroom facing Route 46 is eliminated and a portion
of the covered entry was removed. The southerly tenant space will be serviced
by a masonry trash/recycling enclosure located by the southwest building corner
and the two northerly tenants will have trash and loading facilities at the
northeast building corner. Both trash/recycling enclosures will be treated in
an architectural manner to match the building façade. The existing pylon sign
will be replaced with a monument sign.
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 Harold E. Pellow & Associates,
Inc.
- Sheet 1, Key Map, revised
4/25/08
- Sheet 2, Existing Conditions and
Demolition Plan,
revised 6/11/08
- Sheet 3, Site Plan, signed
4/25/08
- Sheet 4, Lighting &
Landscaping Plan, signed 4/25/08
- Sheet 5, Construction Details,
signed 4/25/08
Prepared by Concept Design Group, LLC – dated April 21, 2008
- Sheet P-1, Floor Plan
- Sheet P-2, Elevations
- Sheet P-3, Elevations
- Sheet P-4, Details
4. 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, AICP, PP,
CLA, dated 8/1/08
Paul Ferriero, PE, PP,
CME, dated 8/27/08
5. In the course of the
public hearings, the following exhibits were marked and are part of the hearing
record:
A-1 Sheet 3
colored, 4/25/08
A-2 P2
Elevations, 5/23/08
A-3 P3
Elevations, 5/23/08
6. In the course of the
public hearings, the Applicant was represented by Michael Garofalo, Esq. and
Richard Stein, Esq., and the Applicant presented the testimony of the following
witnesses, which testimony is part of the hearing record:
Thomas Knutelsky, PE,
engineer
Yung Kim, architect
7. The development of
the subject property as proposed by the Applicant involves continuation of
pre-existing non-conformities with respect to the following:
- Existing
Floor Area Ratio (FAR) is .2152, while the Ordinance maximum is .2 (§13-7.2502
D.8). Proposed FAR will be reduced to .2085.
- Existing
front yard setback to Rt. 46 is 31.4 ft., while the Ordinance minimum is 40 ft.
(§13-7.2502 D.4). Proposed front yard setback to Rt. 46 will be increased to
37.6’.
- Existing
impervious coverage is 69.8%, while the Ordinance maximum is 60% (§13-7.2502
D.9). Proposed impervious coverage remains unchanged.
8. The development of
the subject property as proposed by the Applicant requires relief from the
following land use provisions of the Township ordinances:
(i) A design
waiver is necessary from Section 13-8.705B, as the Applicant proposes a
trash/recycling enclosure between the front building elevation and Route 46,
while the ordinance prohibits such structures within the front yard. The
proposed enclosure is architecturally treated to match the building and its
location will better service the southerly tenant. The dumpster/recycling
enclosure by the northeast building corner will be treated similarly and
service the two future tenants. The Board grants the waiver subject to the
following conditions:
(a) Provide evergreen
landscaping between the enclosure wall and relocated sidewalk. Ilex Glabra
((IG) has not faired well in this area and should be replaced with another
evergreen.
(b) Provide additional
enclosure details to complement the building.
(c) Provide the
following enclosure details:
a. Bollards
within the enclosure to protect the
structure
interior.
b. Further
gate details to support a 10’ wide gate.
c. Gate
latch and gate canes.
(ii) The Board
grants a waiver from Section 13-8.705D, to allow 7-foot high trash/recycling
enclosures in order to provide additional screening. The Applicant has proposed
a 6 feet high structure in compliance with the ordinance.
(iii) A waiver
is necessary from Section 13-8.703D, as the Applicant proposes a
loading/unloading area between the front building elevation and Berkshire Valley Road, while the ordinance prohibits this activity within the front yard.
Applicant has testified that deliveries will occur during off-peak hours. The
loading/unloading space will not be delineated on the pavement. Curb lines have
been modified to accommodate deliveries to this area. Although located in the
front yard, this proposal will better service the southerly tenant. The
loading/unloading area by the northeast building corner will remain to service
the two northerly tenants. The Board grants the waiver subject to the
following conditions:
(a) Vehicles accessing
the northerly loading area will enter the site via Berkshire Valley Road and
exit via Rt. 46.
(b) Vehicles accessing
the southerly loading area will enter the site via Rt. 46 and exit via Berkshire Valley Road.
(c) Deliveries shall
take place from 7 a.m. to 8 p.m. on weekdays and 8 a.m. to 8 p.m. on weekends
and holidays.
(iv) A design
waiver is necessary from Section 13-8.701B, as the site, based upon 26,786
square feet of retail area, requires 119 parking spaces for the three tenants
while 94 spaces are provided. The former IGA was approved with 98 parking
spaces and land for additional parking is not available. The Board finds that
94 spaces are adequate to service three tenants and grants the waiver.
NOW, THEREFORE, BE IT
RESOLVED,
that the Board does hereby approve the preliminary major site plan as depicted
and described in the drawings and/or plans referenced hereinabove. In
connection with this approval, the Board grants relief from land use provisions
of the Township ordinances as described in Section 8 above:
This approval is subject
to the following conditions which shall, unless otherwise stated, be satisfied
prior to the issuance of a certificate of occupancy:
1. Revised plans shall
note that no more than 3 tenants shall be allowed in the subject premises
without further approvals by the Board.
2. Revised plans shall
note that delivery hours are limited to 7 a.m. to 8 p.m. on weekdays and 8 a.m.
to 8 p.m. on weekends and holidays.
3. Revised plans shall
note that delivery vehicles accessing the northerly loading area will enter the
site from Berkshire Valley Road and exit onto Rt. 46, and that vehicles
accessing the southerly loading area will enter from Rt. 46 and exist onto Berkshire Valley Road.
4. Revised
plans shall depict the last parking stall in the bank along Berkshire Valley
Road to be stiped out for a dead-end turn-around, thereby reducing the total
parking stalls on the site to 94.
5. Revised
plans shall depict the base of the monument sign raised to a height of 2 ft.
off the ground to allow room for landscape plantings.
6. Revised plans shall
note that existing rooftop mechanicals and screening shall be removed to the
extent not required by the future tenant. Screening shall be repaired if
mechanical equipment remains.
7. Revised
plans shall provide further landscaping along the Berkshire Valley Road
elevation to the satisfaction of the Township Planner.
8. Revised
plans shall note that site lighting will be on automatic timers to be turned
off during such times as required by Township Ordinances.
9. Revised
plans shall identify security lighting on the site.
10. Revised
architectural plans shall be submitted to the satisfaction of the Township
Planner.
11. The zoning
table on sheet 1 shall specify maximum floor area ratio, not building coverage.
12. The engineering and
architectural drawings shall note that rooftop mechanical equipment shall be
architecturally screened in a manner compatible with the building architecture
(Section 13-8.706). Plans shall also note that existing rooftop screens will be
repaired and painted as needed.
13. A roof plan shall
be provided that depicts the location of mechanical equipment and screening.
Access to the rooftop mechanical equipment shall be accommodated.
14. The engineering and
architectural drawings shall note that doors along the Berkshire Valley Road
elevation and northerly elevation are service doors.
15. Sidewalk leading to
the northerly building entrance of the southerly tenant space shall be modified
now that the length of the covered entry has been reduced.
16. The sidewalk
accessing the middle tenant space is excessive and shall be reduced.
17. Per the Township
Fire Official, the current “Fire Zone No Parking” restrictions along the front
of the store shall remain in place. New signs and pavement painting shall be
provided along with sign details.
18. The engineering
drawings shall identify where the generator, electric and gas meter will be
repositioned.
19. All drawings shall
be provided with revision dates.
20. Bollard lights
along the Route 46 elevation shall be adjusted to illuminate the new sidewalk
alignment. Verify that existing bollard lighting is functioning.
21. Nonconforming
building and freestanding lights shall be replaced with conforming fixtures.
Plans shall be noted accordingly.
22. Any antennae and/or
satellite dish shall comply with Section 13-7.812.
23. Benches and trash/ash
urns shall be provided and include the area by the southeast building corner.
Provide detail.
24. The Applicant will
remove the pre-existing nonconforming pylon sign and provide a monument sign
with 68.5 square feet of advertising area located 20 feet from Route 206.
Additional detailing of the sign base, columns and top shall be provided along
with legible dimensions.
25. Proposed wall signs
shall be fully dimensioned and consistent with wall sign dimensions on sheet 5
of the engineering drawings.
26. All wall signs
shall be either individual channel letters or a modified channel sign that
reflects connected lettering and logo but with letter contours at the top,
bottom, and sides of the sign.
27. In accordance with
Section 13-8.501E, the Applicant shall receive sewer capacity allocation from
the Township Engineer/Director of Public Works, and authorization by the
Governing Body if additional allocation is necessary.
28. The building and
property are in a state of disrepair and do not comply with the preliminary and
final site plan approvals. The following items should be completed to bring the
site back into conformance with the original approvals:
(a) Repair wood guide
rail.
(b) Repair chain link
fence.
(c) Remove naturalized
plants from the detention
basin and reseed
as needed.
(d) Repair board on
board fence adjoining residential
properties.
(e) Replace/repair
spauling cracked and damaged concrete sidewalk.
(f) Repair front
sidewalk and curb.
(g) Repair downspouts.
(h) Re-paint bollards
(i) Replace/repair
bench.
(j) Repair sinkhole
by inlet in Berkshire Valley Road parking lot.
(k) Repair damaged and
broken curb.
(l) Repair/replace
emergency generator screen.
(m) Straighten traffic
signs.
(n) Replace damaged Linden across from easterly building elevation.
(o) Remove debris.
(p) Re-landscape front
of building.
(q) Repair pavement as
directed by the Board Engineer.
29. Revised plans shall provide the following
with respect to the trash/recycling enclosure:
(a) Increase height of
enclosure to 7 feet.
(b) Provide evergreen
landscaping between the enclosure wall and relocated sidewalk. Ilex Glabra
((IG) has not faired well in this area and should be replaced with another
evergreen.
(d) Provide additional
enclosure details to complement the building.
(d) Provide the
following enclosure details:
a. Bollards
within the enclosure to protect the
structure
interior.
b. Further
gate details to support a 10’ wide gate.
c. Gate
latch and gate canes.
30. Landscaping
as provided on the approved IGA site plan shall be provided.
31. Dead,
damaged and marginal plants that were installed as a part of the IGA approved
landscape plan shall be replaced.
32. The
Township Planner shall be contacted regarding additional landscape comments.
33. A revised
landscape plan will be submitted and subject to the review and approval of the
Township Planner.
34. General
note on Sheet 1 indicating a billiard hall use shall be corrected.
35. The
pavement detail on Sheet 5 shall be revised to show a 4” base course.
36. The survey
shall be tied into the municipal coordinate system and filed with the Township.
37. 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 46.
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 46.
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.
38. 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.”
39. Prior to final site
plan, 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 issuance of Certificate of Occupancy.
40. Pursuant to Section
13-7.829, the Applicant shall pay a mandatory development fee equal to two and
a half percent (2.5%) 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.
41. 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.
42. Drawings shall
identify areas for trash and recycling enclosures and potential future
expansion of these enclosures with corresponding details.
43. 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.
44. This approval is
subject to all other approvals required by any governmental agency having
jurisdiction over the subject property.
45. 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.
46. 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.
47. 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 October 1, 2008.
A
motion to approve the Resolution with no changes was made Mr. Zoschak and
seconded by Mrs. Lutz
Roll
call: Mr. Sweeney- yes, Mr. Alford, abs., Mrs. Lutz, yes; Mr. Shadiack, yes;
Mr. Zoschak, yes; Mr. Schwab, abs., Mr. DeFillippo., yes
Completeness: none
AGENDA
Continued
Applications:
PBA-08-012-STS/Pond
View At Roxbury, Block 2701, Lot 2 & Block 2702, Lots 13, 19, 20, 21, 22
& 23, 19 Halsey Street Major Subdivision for six lots located on Halsey
Street, in the R-3 zone.
This matter was
carried to the November 5, 2008 meeting at the applicant’s request.
PBA-08-010
– Chod Enterprises, Block 5001, Lot 1, 225 Righter Road
Site
Plan for office building located on Righter Rd in OB zone.
Bill
Bergman, Esq. represented the applicant. They have narrowed the outstanding issues
to the emergency access drive off Commerce Boulevard. Mr. Germinario had prepared
some language to be included in a determination and the applicant was in
principal agreement with it.
Attorney
Germinario said the plans would include the right turn-in only regular access
driveway, signage and striping. This would be bonded and addressed in the
Developer’s Agreement. The applicant would have three years after the issuance
of a Certificate of Occupancy to make an application for an amended site plan approval
and delete the regular access driveway supported by traffic and safety data.
By the fifth year, if no application is made, they would have to construct
driveway.
Mr.
Meyer arrived at 7:40 p.m.
Mr.
Zoschak was concerned about input from the Meadows property owners. Mr.
Griffon, representative from the Meadows, said they would like to have input.
The Board will maintain authority on this and the property owners have had
input and will have input in an amended site plan. If there is a traffic
problem, the Resolution could put that provision in also.
The
meeting was turned over to Chairman Scott Meyer.
A
separate escrow account for a traffic study will be payable if they decide to
delete the driveway. Mr. Meyer was concerned about the fire report that the emergency
access was not adequate for large trucks but that access was not necessary
according to the report of September 16, 2008.
At
the September 3, 2008 hearing they agreed to comments in Mr. Stern’s Aug. 28,
2008 report regarding tree removal and landscaping. The comment to soften the
infiltration basin, to make it more natural looking, is retracted based on Mr.
Gleba’s comments but will be landscaped.
Regarding
the May 29th memo, updated Oct. 6th, the engineer, Mr.
Alias who was previously sworn in said they had addressed most comments. Open
items: 1.4, delivery area for lab testing needs to be integrated, not a box,
if it becomes a doctors office, agreed; 1.7: they addressed the undersize lot issue:;
1.8 and 1.9: they will confirm dimensions; 1.10: residential buffer, addressed and
will provide additional bumper landscaping; 1.12; just landscaping around
infiltration basin; 1.17 agree to comply with noise control ordinance; 1.18:
will comply; 1.19: will comply with both of the Fire Official’s comments and
they agreed with the other detail issues. Item 2.2; design waiver for
sidewalks on Righter Road as per the Township engineer’s recommendation to
provide pedestrian crossing instead. There are two variances needed for the
second sign. The dimension of the second sign will by 17.3 sf, 4’11” x 5’4”.
With
regard to Mr. Gleba’s letter dated October 10, 2008, they had conversations and
had met and gone through the items, and were in agreement with most of the
items. Item 13: regarding the parking analysis, different uses would require
more parking; a restriction in the Resolution could address this. Mr. Stern felt
a purchaser needs to be aware of restrictions and if necessary, they would have
to come back to the Board for an amendment of site plan. Item 11: The Third
party status, the DEP needs to review the site. Mr. Elias said they have
applied for General Permits and an LOI. They have DEP approval and are waiting
for a signature. They have approval from The Morris County Soil Conservation
District and will send them the amended plans. The Morris County Planning Board
has also signed off. They will revise plans for compliance review.
With
regard to Michael Kobylarz’s May 30, 2008, memo on site and offsite
improvements, sewer, water and sidewalks, Mr. Alias agreed to address the
issues to the satisfaction of Mr. Kobylarz or come back to the Board. He agreed
in principal to the update of the pro rata share of the pump station.
The
applicant’s agreement with the home owners association for the easement and access
for the sewer line will be signed prior to construction permits being issued.
Mr.
Griffon appreciated the Board’s time and effort. He was not privy to Fire Official’s
letter or discussions and requested that they postpone the emergency access for
the three year period for maintenance reasons as it might not be necessary. There
were plowing concerns.
The
meeting was open to public. No one else from the public commented. The
meeting was closed to the public.
There
was discussion on deferring the access for three years to see if it is
necessary. Mr. Gleba felt that with 152 parking spaces, another access was
needed.
A
motion to approve the application with all the conditions and codicils agreed
to in the hearings was made by Mr. Sweeney, seconded by Mr. DeFillippo.
Roll
call: Mr. Sweeney- yes, Mr. Alford, yes, Mrs. Lutz, yes; Mr. Zoschak, yes; Mr.
Schwab, yes, Mr. Shadiack, yes; Mr. DeFillippo, yes; Mr. Meyer, abs.
PBA-08-005-
Blue Vista, Block 9202, Lot 1,2,9 &10 269 Mountain Rd/Route 206
Site plan
for two medical buildings, restaurant and warehouse/flex building located in
OR-5 zone.
This matter was
carried from July 16, 2008.
John Wyciskala,
Esq. represented the applicant. The Board heard prior testimony from Engineer
Omland, environmental and traffic consultants and the matter was carried to
obtain DOT evaluation. A letter dated October 7, 2008 from the DOT determined the
warrant for a traffic signal but raised an issue regarding the access driveway
on Route 206, where level 2 access is not allowed. As a result they need to
change access to 206 and will pursue that accordingly but would like to move
forward with approval of the DOT as a condition.
Traffic Engineer
Harold Maltz, who was at the DOT meeting and had submitted a memo to the Board,
discussed the traffic issues The Chief of the Bureau of the DOT said if they
want to get access, it would be through an access level change and they need to
submit documentation to justify it and it would be reviewed. Sight line might
be an issue, the ingress is okay but trucks could be a problem especially with
a proposed warehouse.
Mr. Troutman
said they were preparing documentation to request an access level change. The
Township would then comment on this. It was set at access level 2 because it
was going to be a divided highway. The highway is undivided now.
The ingress and egress
might change. Attorney Wysicakala said the application is with the “right
in”. They are looking for both ingress and egress and will seek an amended
approval if changed.
Mr. Omland gave
overview of the project. This is a 62 acre parcel, Preliminary Site Plan
Exhibit A-2 was displayed, the minor subdivision is for lot line adjustments
and consolidations. They want to create four individual pods for development:
a restaurant, two medical buildings and a flex building. Access is off of Mountain Avenue. The roadway would be widened if ingress and egress is permitted. The
property is primarily in the 0R-5 zone, but the restaurant is in the B1-A zone.
The township will have no obligation for road costs. The restaurant is 6750
sf., the two-story medical office, 24,212 sf, the three-story medical building
is 38,315 sf and the high-tech flex building is 63,200 sf. for a total of
132,477 sq. ft., all permitted uses in the zones. They comply with floor area
and impervious coverage ordinances. 62% of site is flat, 11% 15-20%, 10%
steeper, 16% steepest and 11
acres are wetlands, 65% is forested and a JCPL easement tract is cleared. The development
plan took in consideration the market, ordinances, topography, wetlands, flood
plain and buffers. Development was clustered with long access roads.
They are
consolidating three lots. The lot line adjustment is for the restaurant and
creates a technical variance.
Regarding the plan
changes that were addressed the professionals’ letters: They added Mountain Road improvements, made revisions, created greater island widths, enhanced the wall
and changed access to basins. Exhibit A-9 was large scale colored drawing of
the restaurant and two-story medical building, 10/14/08. They widened
sidewalks, improved sight distance, adjusted the project and improved the
setbacks, the parking was the same and tractor trailer accessibility was proven.
They added an entrance theme, landscaping and improvements to satisfy the Planner.
In the two-story
office building area they added islands, a loading area and changed the dumpster
location. Exhibit A-10 was the warehouse area where they added a future 22-space
parking area as part of approval. The dumpster was not shown; dumpsters will be
provided in the parking area when they come in and will comply with the ordinance.
Exhibit A-11 was the three-story medical building area. They changed the lighting
plan with light stanchions on islands and added an enlarged loading area.
The project is
divided into three phases: The first phase would be the restaurant and two-story
office building. In Phase two they would build the high tech flex building
with road access to Route 206. The last phase will be the three-story office
building. Each phase stands on its own with respect to storm water and
utilities.
The Mountain Road widening plan was marked Exhibit A-12. Mountain Road will be a 28’ road
within the property with curbing. They had met with town and this plan is what
was approved.
There are sight
issues with the Mountain Road entrance, 250’ is required, they have less than
that from one direction; it is deficient 25’. Mr. Schwab suggested moving the
drive to west. Mr. Omland felt it was adequate based on curve and realistic
speed. Some analysis should be done about shifting the driveway.
Mr. Omland
explained the sight line information the public requested. Exhibits A-13, and
A-14, site sections were distributed. These showed site lines from four
neighboring property owners. Because of the elevation, distance and existing
woodlands, Mr. Omland didn’t think they would see the buildings even in the
winter especially with an existing evergreen stand of trees.
With
regard to Mr. Ferriero’s issues, they can satisfy them. Mr. Ferriero said
Board issues include the curb within the site that is concrete around the flex
building, trash enclosures for the flex building and the guide rail.
A
lot of issues still have to be addressed with the Planner. They will contact Mr.
Stern and try and resolve them before the next meeting.
The
meeting was open to public. Valerie Wolff, 254 Mountain Road, knows that there
is poison ivy weakening the trees and trees are dying on the applicant’s
property. Mr. Omland said his client will maintain them on their property. She
said that twenty-two years ago they said the exit was too dangerous on Mountain Road and she wondered what had changed. Also widening the road would make people
drive faster and make it more dangerous.
Mr.
Meyer said the resulting traffic light might help and they are aware of their
concerns.
No
one else from the public commented. The meeting was closed to the public.
This
matter was continued to November 5th meeting with the applicant granting all
necessary extensions.
New
Applications:
PBA-08-016 – Baiano Holdings, LLC – Block 6901, Lot 4, 64 North Dell Ave.
Preliminary Major Site Plan on Dell Avenue in the I-3 zone
Robert
Gaccione, Esq. represented the applicant and gave an overview of the
application. A 1995 approval restricted activity on old Lot 3 unless site plan
approval was obtained. They are seeking approval for the permitted uses of a
landscaping and roll-off container business including outdoor equipment
storage. Stefano Montella, manager of Montello LLC., was sworn in. Baiano
Holdings, LLC, owned by his parents, purchased this property earlier this year
and the property is not being used except for some inside storage. At the time
of purchase it was used by an excavating company that had outside storage of
trucks, tractor trailers and equipment that were removed by seller. Motella Landscaping.
Inc. is a landscaping, lawn maintenance and dumpster service in business since
1984 currently located in Stanhope. They need a bigger location for outside
storage. They have 12 employees who arrive in the morning, load and then leave,
they might come back once or twice. They will have fewer employees in the winter.
They work Monday trough Friday and sometimes on weekends, 6 a.m. to 6 p.m.
Landscape trailers, trucks, empty dumpsters will be stored outside. They take
dumpsters off jobs to transfer stations where they are emptied. They work with
no hazardous materials and have an emergency spill kit, but the goal is no
spills. The deliveries would include UPS, Fed Ex., etc. They get mulch and
stone from other sources. They do residential snowplowing in winter but no
sanding or salting. Fueling is offsite. They own 50 dumpsters and have two
trucks.
Mr.
Meyer was concerned about potential pollution and wanted nice looking projects
on Dell Avenue.
Engineer
Jeff Careaga was sworn in and qualified. The property is on the east,
northeast side of Dell Avenue in the I-3 zone. His drawing showed an existing building
with a paved parking lot and Lot 3 was previously a right of way for a
railroad. There is no approved use of Lot 3 as part of the 1995 variance
approval. The existing railroad area is gravel and the imperious coverage is
76%. No change to existing building is proposed. The property is mostly flat,
there is a septic system, an access drive, a few trees and gravel in the back.
Only a trash enclosure is proposed in the back. The entire property is fenced
with a slated chain link fence and they are proposing a sign and landscaping as
indicated on Sheet 4. They will save as many trees as possible, removing only one.
They propose a landscaped entrance to the construction yard off of Dell Avenue. There is no existing drainage on the site and they are decreasing lot coverage
to 74%. They will supplement the existing lights with five lights in the back
section. The existing driveway to the office will be maintained, striped with
three spaces. The gravel drive will allow drive through for deliveries. The
construction and dumpster access will be through the other driveway. The
proposed landscaped berm in the front and the sides will require soil movement
as well as the driveway and landscaping. A crane company is adjacent to this
property. The berm on Dell will be landscaped.
There
are 15 parking spaces in the in back on Lot 3 for employees. They don’t have
much drive-in business. All the variances are preexisting and they will reduce
lot coverage. The sign is free-standing with an up light. The Environmental
Statement addresses Corwin Pit but they don’t store or transport hazardous
material. Leakage from vehicles would be the only issue, they have a spill kit
and a grassed area that filters gravel. The trucks and dumpsters are washed
offsite. The have room for 50 dumpsters even if they increase the buffering.
The dumpsters are different sizes
Mr.
Stern has more variances in his report than what was indicated and there is no
previous site plan approval for the railroad right of way. The prior owner used
it in a non-conforming manner and had been cited.
The
meeting was open to public. No one from the public commented. The meeting was
closed to the public.
They
will meet with the professionals and respond to their reports. This matter will
be carried to November 5th with extensions granted to the end of November with
no further notice.
Old Business
New Business
Mr. Stern updated the Board on the Housing Element/ Fair
Share Plan. There will be special meeting on November 12th to adopt
it in order to meet the state deadline of December 31st.
This
meeting was adjourned by motion at 10:27 p.m.
_________________________________
Eugenia
Wiss, Planning Board Secretary
10/28/08
