A regular meeting of the Planning
Board of the Township of Roxbury was held on the above date at 7:30 p.m. with Vice Chairman Larry Sweeney presiding. After a salute to the Flag, Mr.
Sweeney read the “Open Public Meetings Act”.
BOARD MEMBERS PRESENT: Larry
Sweeney, Richard Zoschak, Steven Alford, Teresa DeVincentis, Lisa Voyce, Jim
Rilee, Michael Shadiack.
ABSENT: Scott Meyer, Charles
Bautz, Gary Behrens, Joseph Schwab.
PROFESSIONAL STAFF PRESENT: Tom
Germinario, Russell Stern, Tom Bodolsky.
Also present: Dolores DeMasi,
Board Secretary
Minutes of 2/2/05
Ms. DeVincentis made a motion to
approve the minutes. Ms. Voyce seconded.
Discussion. Corrections noted
and made.
Roll as follows: Ms.
DeVincentis, yes; Ms. Voyce, yes; Mr. Alford, yes; Mr. Shadiack, yes; Mr.
Rilee, abstain; Mr. Zoschak, abstain; Mr. Sweeney, abstain.
RESOLUTIONS
S-12-05 – WHITE CASTLE – FINAL
SITE PLAN FOR RESTAURANT LOCATED ON RT. 46, BLOCK 6502, LOTS 1 & 2 IN B-3
ZONE
ROXBURY
TOWNSHIP PLANNING BOARD
RESOLUTION
OF MEMORIALIZATION
Approved: March 2, 2005
Memorialized: March 16, 2005
IN
THE MATTER OF LEDGEWOOD CIRCLE SHOPPING CENTER/WHITE CASTLE
FINAL
SITE PLAN APPLICATION
BLOCK
6502, LOTS 1 and 2
APPLICATION
NO. S-11-05
WHEREAS,
Ledgewood Circle Shopping Center/White Castle (hereinafter known as the
"Applicant") applied to the Roxbury Township Planning Board
(hereinafter known as the "Planning Board") for final site plan
approval on March 2, 2005; and
WHEREAS, the
application was deemed complete on 3/2/05; and
WHEREAS, a
public hearing was held on 3/2/05, no notice being required, at which time the Planning
Board rendered its decision on the application; and
WHEREAS, it
being determined that the Applicant has complied with all of the rules,
regulations and requirements of the Roxbury Township Land Development Ordinance
and that all of the required provisions of the compliance have been filed with
the Planning Board; and
WHEREAS, the
Planning Board has made the following findings and conclusions based upon the
testimony and documentary evidence produced by the Applicant and by the
Planning Board staff:
1. The subject property consists of 13.2 acres
located in the B-3 Shopping Center District. On October 10, 2001, the Applicant
received preliminary major site plan approval (memorialized 11/7/01) for an
expansion and significant upgrade of the existing shopping center. The
approval provided, among other things, that the existing diner would be
replaced with a new 5,840 square foot restaurant. On April 7, 2004, the
Applicant received amended preliminary major site plan approval (memorialized May 19, 2004)
providing that the previously approved 5,840 square foot restaurant will be
replaced with a 2,350 square foot, 44-seat White Castle fast food restaurant with a drive through lane. The
Applicant is now before the Board seeking final site plan approval for the White Castle
restaurant.
2. In support of its application, the Applicant
submitted final site plans consisting of 6 sheets prepared by SESI Consulting
Engineers bearing a revision date of 2/23/05. The
Applicant also submitted an as-built survey prepared by James Baker, PLS
consisting of 2 sheets bearing a revision date of 2/17/05. Reports concerning the
application were submitted by the Township Planner, Russell Stern, dated 3/2/05 and by the
Planning Board Engineer, Thomas Bodolsky, dated 3/2/05.
3. At the public hearing of 3/2/05, the Applicant
was represented by Larry Kron, Esq. The Applicant agreed to perform the items
identified in the reports of Messrs. Stern and Bodolsky prior to issuance of a
Certificate of Occupancy, except for items dependent on weather conditions,
which they agreed to complete by 4/30/05. Four exhibits were marked relating to completion of
certain items:
A-1 M. Riback memo 2/26/04 regarding
JCP&L light removal
A-2 K. Hyman letter 2/2/05 regarding
installation of security lighting
A-3 Regulated Rain Irrigation LLC
work order regarding irrigation system
A-4 Receipt for payment of Mt. Laurel fees
The Chairman then opened the hearing to public
comments, and there being none closed the public portion of the meeting. A
motion was made to conditionally approve the application based on the
recommendations contained in the reports of Messrs. Stern and Bodolsky, as
modified and supplemented in the course of the hearings, which motion was duly
seconded and favorably acted upon.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Board does hereby approve the final
site plan as described in the drawings referenced hereinabove.
This approval is effective upon adoption and is
subject to the following terms and conditions, which shall, unless otherwise
stated, be satisfied prior to the issuance of a Certificate of Occupancy:
1.
The rear driveway behind the main mall building shall be paved with base course
in the area behind the Auto Zone. The top course paving for this area shall be
completed as part of Phase IV along with other Auto Zone improvements.
2.
All staging for construction activities related to Auto Zone shall be shifted to
the CVS area. Construction materials for Auto Zone shall be transported from
the CVS staging area along Howard
Boulevard, behind the A&P Liquors
and through the rear driveway.
3.
Base course paving shall be completed for the 4 parking spaces north of the
dumpster. Top course paving of these parking spaces shall be deferred to Phase
IV.
4.
Base and top course paving shall be completed for the 13 parking spaces in
front of Auto Zone and the area along the westerly property line shall be
stabilized as part of Phase IV prior to issuance of a Certificate of Occupancy
for Auto Zone.
5.
Except for JCP&L lights, floodlights mounted on utility poles along the
rear property line shall be removed. Applicant shall diligently pursue
JCP&L removal of their pole-mounted lights in this area.
6.
Applicant shall write a letter to the Township governing body requesting Title
39 enforcement for this phase of the project.
7.
The nonconforming sign for Circle Lanes shall be replaced with a conforming
sign by 4/30/05. All other nonconforming signs shall be made
conforming by the same date unless the Applicant submits lease(s) demonstrating
to the satisfaction of the Board Attorney that the tenant(s) have a right to
maintain such nonconforming signs. In the latter case, such signs shall be
replaced with conforming signs when there is a change of tenancy.
8.
As the site was snow covered at the time of this approval, the Board was unable
to verify the condition of all curbs, sidewalk, pavement/light base plate
covers and landscaping. Consequently, the existing bond shall cover the cost
of repair/replacement/installation if these items are deemed unsatisfactory
once the snow melts and they are visible for inspection.
9.
As a result of snow cover, the Board could not confirm compliance with
Condition #21 of the Phase I amended final major site plan approval that
required soil stabilization along the westerly end of the northerly property
line. This item should be covered by the existing bond.
10.
Loose wires from a utility pole and construction located at the westernmost
portion of the Route 46 frontage shall be removed.
11.
By 4/30/05, the trash enclosure gate and door shall be painted beige to match the
main mall building façade per approved plan.
12.
A shade tree required by the transformer and one east of the westerly Route 46
driveway shall be relocated to an area designated by the Township Planner by
4/30/05.
13.
“No Parking Fire Zone” signs must be provided per the approved plans along the
rear of the building. “No Parking Fire Zone” signs shall be provided on every
other column of the façade in front of the mall by 4/30/05. Associated pavement
striping shall be completed by 4/30/05.
14.
Construction of two freestanding signs along Route 46 and one along Howard Boulevard
shall be completed by 4/30/05.
15.
Construction of a dumpster enclosure behind the bowling alley shall be
completed by 4/30/05.
16.
Per Condition 24 of the preliminary site plan approval (memorialized 11/7/01), façade
improvements to the existing mall shall be completed prior to the issuance of a
Certificate of Occupancy.
17.
A number of old exposed source wall lights are located along the rear building
elevation. All nonconforming lights shall be removed (sheet E-1 of approved
plans).
18.
Pursuant to the approved plans (sheet S-2) the existing exposed rooftop
mechanical units shall be painted by 4/30/05.
19.
A port-a-john by the liquor store shall be removed.
20.
Ice and propane cabinet at the rear of the liquor store shall be removed.
21.
One freestanding light missing behind the mall shall be installed by 4/30/05.
22.
The following conditions from the preliminary site plan approval (memorialized 11/7/01) are
reiterated:
Condition
4 – Regulating the placement of roof antennae.
Condition
6 – Regulating noise-making instruments.
Condition
9 – Site under Title 39 jurisdiction.
Condition
19 – Regulating window signs.
Condition
33 – Regulating overnight tenant parking.
Condition
34 – Requiring rear loading/unloading.
Condition
37 – Requiring maintenance bond for all street trees.
Condition
38 – Absolving the Township for costs affiliated with the removal/replacement
of landscaping within sewer easement.
Condition
44 – Requiring the trucking of excessive snow piles.
Condition
45 – Prohibiting vehicular repairs.
Condition
70 – Permitting expansion of recycling area.
23.
Deliveries by tractor/trailer to the White Castle pod are prohibited.
24.
Pursuant to the preliminary approval, truck deliveries to the White Castle “pod”
must occur through the rear westerly driveway.
25.
Excess snow shall be trucked from the site; not deposited on landscaping.
26.
All heavy construction, incompatible with use of the site by the public shall
be completed:
a.
awning and façade construction shall be completed;
b.
roll-off dumpsters shall be removed;
c.
all construction debris shall be removed;
d.
all materials and equipment shall be removed.
27.
Wires shall be placed within the base hand holes of all site lights and covers
secured.
28.
By 4/30/05, the bench and urn depicted on the approved drawings should be
relocated to a place selected by the Township Planner.
29.
As built drawing shall indicate subsurface connection of all roof leaders and
the utilization of a seepage pit in the lawn to the West of the White Castle
building.
30.
The area between the Auto Zone construction and White Castle as well
as the exit driveway shall be swept to remove soil tracked from the Auto Zone
site.
31.
The two handicap ramps at the westerly driveway at Route 46 are too steep and
shall be corrected to the satisfaction of the Board Engineer prior to final
approval of Phase IV.
32.
The Widenor Construction sign along Route 46 shall be removed.
33.
A digital copy of the Final Plans and Final Survey should be filed.
34. This approval is subject to all outside agency
review as may have jurisdiction over this matter.
35. 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.
36. This approval is subject to the payment of all
appropriate fees and taxes.
37. 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 action taken by the Planning Board at its regular meeting
of 3/2/05.
Mr. Rilee made a motion to
approve the resolution. Mr. Alford seconded.
Roll as follows: Mr. Rilee, yes;
Mr. Alford , yes; Mr. Zoschak, yes; Mr. Shadiack, yes; Ms. Voyce, yes; Ms.
DeVincentis, yes; Mr. Sweeney, yes.
COMPLETENESS
Kazi Foods (KFC) – Rt. 46, Ledgewood
Mr. Stern said this applicant is
proposing a 444 sq. ft addition to the Kentucky Fried Chicken building and
modifications to the parking lot and trash enclosure. There are a number of
completeness waivers, and staff supports them as they are minor in scope for
this minor addition. They are horizontal and vertical control features within
100 feet; wells within 500 feet; elevations and contours; structures within 200
feet; wetlands information (area previously disturbed); existing and proposed utilities
, which will be provided at a later date; roadway geometry – no improvements
proposed related to Route 46. We support the completeness waivers. The
application will add a Long John Silvers to the existing KFC.
Mr. Rilee made a motion to deem
the application complete with waivers granted for completeness only. Mr.
Zoschak seconded.
Roll as follows: Mr. Rilee, yes;
Mr. Zoschak, yes; Mr. Shadiack, yes; Mr. Alford, yes; Ms. Voyce, yes; Ms.
DeVincentis, yes; Mr. Sweeney, yes.
The application is scheduled for 4/20/05.
Mr. Sweeney stated Application M-10-04,
Kenneth Jacobsen, will not be heard and is carried to 4/20/05.
AGENDA
S-11-05 – CLEARVIEW CINEMA – SOIL RELOCATION
PERMIT FOR CINEMA LOCATED IN ROXBURY MALL, BLOCK 5004, LOTS 7 & 8 IN B-3
ZONE
Attorney Joel Kobert represented
the applicant.
Paul N. Sterbenz, engineer for
the applicant, was sworn in.
Mr. Bodolsky said there is an
excess of material that will be generated by the activity and they will bring
in a small quantity of material, for a total earthwork of 1,843 c.y. All the
soil is being imported or exported.
Mr. Sterbenz addressed Mr.
Bodolsky’s report:
Comment #2 – Discussion. It was
determined the route of travel will be via Route 10 east to Mt. Hope Rock
Products in Rockaway. The borrow material will come from there as well via
Route 46 to Route 10 or via Route 80 to Route 46 to Route 10.
Mr. Rilee said we would like to
avoid having the trucks going down Hillside Avenue and Kenvil Avenue.
Mr. Kobert said the applicant
will agree to a stipulation that the trucks leaving the site will exit the
shopping center onto Commerce Boulevard to Route 46 East, or can exit going
east on Route 10.
Comment #3 – Hours of operation
will be standard for weekdays. There will be no soil movement on Saturdays.
The applicant agreed to the
remaining comments in the report.
PUBLIC PORTION OPENED
No one stepped forward.
PUBLIC PORTION CLOSED
Mr. Zoschak made a motion to
approve the application. Mr. Alford seconded.
Roll as follows: Mr. Zoschak,
yes; Mr. Alford, yes; Mr. Shadiack, yes; Ms. Voyce, yes; Ms. DeVincentis, yes;
Mr. Sweeney, yes; Mr. Rilee, yes.
MASTER PLAN REVIEW
Mr. Stern stated he distributed
the tract changes for review, and then the newly formatted version. The
changes have occurred as requested – Goals and objectives and changes to goals
and objectives are in the appendix. The formatting has changed. Changes have
made to the conservation element, traffic concerns are emphasized more, water
concern is emphasized more, review of nonresidential intensities and
residential densities I also included. A synopsis on the major planning issues
has been added. In my review, I see some editing modifications that still
need to be completed. After this meeting, I hope to have any other
modifications from the Board members and the changes will be done by Mr. Banish
by next Tuesday. Public hearing is scheduled for 4/6/05.
Mr. Zoschak asked if this plan
revision says enough about the senior housing aspect.
Mr. Stern said that aspect is
very broad. It should be broad, as the township is still exploring their
position on senior housing. There is a demand for senior housing, but it is
not the solution to our Mt. Laurel obligations because there are certain caps a
community has in meeting its obligations with senior housing.
There was discussion regarding
grammatical changes and some formatting changes.
Mr. Stern stated he will send the
suggested modifications to Mr. Banisch and a revised copy will be distributed.
Public hearing will be on 4/6/05.
S-8-05 – DELL AVE. PROPERTIES – SITE PLAN FOR FLEX/WAREHOUSE LOCATED ON
DELL AVE. BLOCK 7101, LOTS 17 & 18 IN I-3 ZONE
Attorney Lawrence Berger
represented the applicant. He said we would like to address the two reports
from Mr. Stern. We will be addressing just the items we don’t agree with.
Mr. Sweeney and Mr. Zoschak
stated they listened to the tapes of previous hearings on this application.
Mr. Ritter addressed Mr. Stern’s
report dated 3/10/05:
Item 1.11 – Mr. Ritter stated
there is no proposal for phasing.
Item 1.12 – Mr. Ritter referred
to exhibit A-4, Variance Site Plan, dated 3/14/05. The first variance is for steep slopes. He said the relief we are seeking is to disturb 82% of the
15 to 19.99% slopes, 86% of the 20-24.99% slopes, and 92% of the 25%+
slopes. The areas that fall into those categories are crosshatched in red.
These bands are actual cut slopes that were left over from piles of material
and fill that were disposed of and left laying. None of the slopes are natural
slopes. The natural topography is quite flat except for the quarry. The location
of the slopes within the site make it very difficult to develop around them.
Their preservation serves no purpose. We are asking for consideration of the
variance to allow us to regrade the piles of dirt, change the cut area to
accommodate the plan.
Mr. Zoschak asked if the slopes
affect drainage.
Mr. Ritter said not really. The
natural drainage continues to flow around or through the piles. We pick up all
our own water in detention basins and the runoff will probably be less than it
is today.
Mr. Rilee said he thinks they are
man-made and does not object to the variance.
1.13 – Mr. Ritter said the
ordinance says the normal required buffer between abutting properties is 25
feet, but if it abuts a residential zone, the requirement is 50 feet. We had
originally provided a 25 foot buffer, and that requires a variance. We would
like to change our proposal. We would like to make it clear that we will
remove the stormwater detention basin from the buffer. We would basically
maintain the 50 foot buffer along that area. We would like the Board to
continue to allow us to have the parking come around the end of the building and
swing into the service area. We would be willing to provide additional
landscaping. Mr. Stern had concern that the original landscape plan was fairly
light in terms of the buffer. We are willing to add evergreen plantings around
the perimeter, and will provide landscaping around the basin. We have added
about 102 trees to the landscaping plan.
Mr. Zoschak asked if it will all
be storage space behind the building to the back of the property.
Mr. Ritter stated it is all
within the setback area.
Mr. Zoschak asked if some of the
parking could be moved to the back.
Mr. Ritter said we could, but we
thought it would make more sense to have the parking closer to the front doors.
Mr. Rilee asked how many parking
stalls are against the road.
Mr. Ritter said there are 8
there.
Mr. Rilee said if you have to add
parking, employees could park in the rear.
Mr. Ritter said we can provide
parking spaces to the rear.
Mr. Bodolsky asked if there would
be a detriment to mirror-imaging the building and the parking configuration on
the site. I don’t believe the second driveway is absolutely needed for the
facility. If the building were flipped, and the main driveway were brought to
the south, I see a potential of getting it out of the buffer altogether.
Mr. Stern said there is a 100
foot building setback requirement.
Mr. Ritter said we can’t move the
building.
Mr. Zoschak asked if all the
spaces are required or if some could be banked.
Mr. Ritter said we were happy
with the number of spaces provided.
Mr. Stern asked how deep the
outdoor storage area is.
Mr. Ritter stated it is about 420
feet deep.
It was determined the spaces
within the buffer area should be relocated on site, but the additional 8 spaces
can be banked. The reconfigured basin design will be submitted for approval.
1.14 – Discussion. Mr. Stern
said the proposal is for chain link fence with vinyl slats. That is not an
opaque screen. Wood has a more solid screen, but doesn’t last as long. It was
appropriate for Mr. Petillo’s other property, but not for this project.
Mr. Ritter said the Dell Avenue
side has virtually no trees in front of it. Here there will be a 50 foot line
of trees saved. To put a solid board fence here would not accomplish anything
more. It is up to the Board.
Mr. Zoschak said he feels a chain
link fence is adequate there with the screening, particularly for security.
The residences are far enough away.
It was determined the fence will
be vinyl clad chain link, with color to be determined.
1.15 – Mr. Ritter said the
ordinance says you can’t have more than 25% of the front yard area for parking
isles and driveways. The proposed layout is for about 30.3%. We ask the Board
to consider a variance. We thought this was reasonable in terms of overall
impact. We thought it was important to have the wider access drive to assist
in getting trucks to the rear of the property.
Discussion. The Board agreed
to the variance.
Mr. Ritter said the landscape
plan will be submitted for Mr. Stern’s review and approval.
Item 1.16 – Mr. Ritter said the
ordinance requires a driveway can’t be within 20 feet of a neighboring property
in the front yard. We encroach for about 100 sq. ft. of pavement. I think it
is di minimus. That transition doesn’t result in any major detriment,
and is more visually aesthetic as it is not a straight driveway. The Board
agreed to the variance.
Mr. Bodolsky said he doesn’t see
the need for that driveway. Mr. Petillo’s other building doesn’t have
circulation around the building.
Mr. Petillo said the new proposal
we have for the other building has circulation all the way around. It is a
formula that works.
The Board felt the driveway
should remain and had no objection to the variance.
Item 1.17 – The ordinance says
you cannot have isles or driveways or parking spaces within 60 feet of the
front yard. There is an area that falls within the 60 feet. That area of
pavement requires the variance. I feel it is di minimus.
The Board did not object to the
variance.
1tem 1.17 – 15 foot half width
agreed to
Item 1.18 - Belgian block curbing
will be required
Item 1.19 - Design waiver
required for setback from curb to sidewalk. Mr. Ritter said they feel it is
safer. The Board had no objection to the waiver.
Item 1.20 -Mr. Ritter said they
will relocate the parking out of the buffer area and will bank the rest.
Item 2.3 – wood trash enclosures
and gates
Item 3.2 – waiver requested
Item 1.21 – applicant hasn’t
received any input regarding off-tract and off-site improvement – will work out
with Township Engineer
Item 1.22 – ok
Item 1.23 – ok
Item 1.24 – applicant will bring
truck movement exhibit for next hearing
Item 1.25 – 1.28 – ok
Item 1.29 – not agreed
Item 1.30 – 1.36 – ok
Item 1.37 – area will be
landscaped and trees will be replaced
Item 1.38 – 1.43 – ok
Item 1.44 – addressed
Applicant agreed to all items under
2.0
Item 31. – ok
Item 3.2 – design waiver
Item 3.3, 3.4, - ok
Item 3.5 – no soffit lighting.
The applicant agreed to all other
items in the report.
PUBLIC PORTION OPENED
No one stepped forward.
PUBLIC PORTION CLOSED
The application was carried to 4/6/05.
There was a 5 minute recess at 9:20 p.m.
S-7-05 – PRIMAX – SITE PLAN FOR AUTO PARTS STORE
LOCATED ON RT. 46, BLOCK 6501, LOT 18 IN B-2 ZONE
Attorney Alan
Goldstein represented the applicant. He said the property in question is on
Route 46 eastbound between KFC and the motel. The application is for an auto
parts store. We seek no variance, but we do seek some design waivers. The
existing abandoned facility will be removed.
Chris Neill, of Primax
Properties, was sworn in. He said Primax is a preferred developer for Advanced
Auto Parts. We have been developing for them for about 13 years and have done
200 stores, 14 of which are in New
Jersey, with 3 in some stage of
development. Primax is the owner of this property. Advanced Auto Parts have
been in business since 1932. They currently have about 2,600 stores in 38
states. They are corporately owned. They sell auto parts, except for
tires. They have between 12 and 18 employees on two shifts. They are
primarily retail and are starting a delivery service with small pickup trucks.
It has not been determined whether this store will have the delivery service.
They also receive deliveries generally once a week with a WB40 truck. The
deliveries take from 45 minutes to 1 hour, 15 minutes. We are doing away with
the scissors lift. The truck will have a lift gate.
Ms. Voyce said this is
going to be the third or fourth auto parts store within about a 500 foot
radius.
Mr. Neill said it is
not uncommon for Advanced Auto and Auto Zone to be near each other. It is very
typical. There are other stores in north Jersey that Primax has not
developed. Our demographic team feels strongly that there is a market in North Jersey. They are a Fortune 400 Company.
Mr. Alford asked if
the store will be receiving used oil and batteries.
Mr. Neill said they
will. There is a container inside the store where it will be stored until
disposed of.
Mr. Zoschak asked if
there are daily deliveries for special orders.
Mr. Neill said there
are smaller trucks that deliver.
Ms. Voyce asked if we
accept used oil and batteries at our recycling center.
Mr. Stern said he
doesn’t know, and Auto Zone has a similar service as this.
Mr. Bodolsky asked
about the number of employees. How many are in a shift?
Mr. Neill said the
general hours are 8 a.m. to 9 p.m. There would be a maximum of 6 to 8 employees at
any one time.
Mr. Bodolsky asked if
deliveries will be made to customers from the site.
Mr. Neill said we
don’t know at that time. We will try to get Advanced Auto Parts to confirm
that.
Mr. Bodolsky asked if
8 employees and one pickup truck would be the number of parking spaces required
by employees.
Mr. Neil said yes,
possibly two pickup trucks.
Mr. Zoschak asked who
picks up the waste oil and batteries.
Mr. Neill said that is
picked up by a service.
Mr. Zoschak asked how
spills are handled.
Mr. Neill said he
doesn’t know, but will find out.
Mr. Goldstein stated
if the company has a written policy we will submit it to the Board.
Ms. Voyce requested a
copy of the report on the underground storage tank.
Mr. Rilee asked what
the average store does in volume.
Mr. Neill said about
$1,400,000.
Mr. Stern asked if
there would be any outdoor display.
Mr. Neill said no.
Brett Skapinetz,
engineer for the applicant, was sworn in.
Mr. Bodolsky asked if
Mr. Skapinetz is qualified to answer questions regarding pollutants.
Mr. Skapinetz said he
is not an environmental engineer, but has consulted with Whitestone Associates
who performed the investigation. They did obtain two “No further action”
letters from the DEP. I did obtain a letter from Whitestone and can testify as
to the facts obtained from them.
Mr. Bodolsky said he
has an objection to Mr. Skapinetz addressing those issue.
Mr. Skapinetz said we
would agree to have a consultant from Whitestone Associates to address the
concerns if required.
Ms. Voyce asked for
Mr. Skapinetz’s qualifications.
Mr. Skapinetz gave his
professional and educational background for the Board and was accepted as a
Licensed Professional Engineer, as a site engineer, not an environmental
engineer, planner, or landscape architect.
Mr. Sweeney suggested
the applicant meet with the professional staff to go over many of the issues in
the reports.
Mr. Skapinetz referred
to the survey and topographic survey dated 10/9/02,
last revised 1/3/05. He said the survey shows the property at the
center. It is located on the eastbound side of Route 46, just east of the Rt.
46/ Rt. 10 Circle. The Old Morris Canal runs along the rear boundary line. The site is
presently an abandoned Texaco station. It is a narrow site, 130 feet in width
and 320 feet depth. There were two curb cuts to Route 46. All of the gas
station has been removed except for the shell of the station and the canopy and
a support structure, concrete mats, paving and curbing. Everything drains
north site to the rear of the property. Previously, stormwater was connected
via an inlet and discharged to the rear of the property. There is no defined
pond, but a depressed area. The surrounding properties all have frontages over
200 feet. The width of this property limits the development of the site and
lends to the uniqueness of the design for the store. All utilities are
available to the site.
Mr. Bodolsky asked Mr.
Skapinetz to point out the Morris Canal. Is it a designated wetland?
Mr. Skapinetz said it
has been flagged, and DEP had come back to note there are wetlands associated
with that, and to provide an LOI noting that. We are appealing that.
Mr. Bodolsky asked
that Mr. Skapinetz describe how the traffic merges here from the former circle.
Mr. Skapinetz said at
the western end of the site is traffic merging off of Rt. 10 heading
westbound. You can make the turn onto Rt. 46 eastbound here. This is
under the DOT jurisdiction as it is a State highway. We have a permit for the
driveway setup from the DOT.
Mr. Goldstein asked if
all the drainage is contained on site.
Mr. Skapinetz said it
is.
Mr. Skapinetz referred
to Exhibit A-1, color rendering of a merger of the site plan and landscape plan
prepared 3/7/05 and handed out reduced copies to Board members.
The plan showed the proposed development for the site. There would be a 6,902
sq. ft. Advanced Auto Parts store. The one driveway would be a full movement
driveway, approved by DOT. He described the layout of the site, discussing the
layout of the building and the parking, and traffic flow. We are not
requesting any variances for the building or site layout. There are several
design waivers being requested. We are removing the scissor lift from the
plan.
Mr. Zoschak asked what
size truck would be making deliveries.
Mr. Skapinetz referred
to the truck circulation plan and said the trucks would be WB40 trucks.
Mr. Bodolsky said only
a WB40 truck would work here.
Mr. Rilee said
discussion on the traffic circulation should be done at a later hearing.
Mr. Skapinetz said
runoff heads to the south naturally. The proposal is to discharge to the rear
location. Impervious coverage is being increased by about 16,000 sq. ft. We
are providing additional volume through the reconstruction of the area in the
back for an open basin and a small underground basin. We have provided Mr.
Bodolsky calculations from Whitestone Associates. The site slopes to the
rear and at the midpoint there is a steeper drop-off. We will be bringing in
some fill to level out the site. There will be some retaining walls added on
the sides and rear of the site. There are 4 area lights and one building lamp
proposed. We will address the type of lights at a later meeting. Regarding
landscaping, we will be removing some trees and require 31 replacement trees
and will provide some and will provide a contribution for the other ones. We
are adding shrubs and evergreen shrubs and street trees. We are proposing a
new sidewalk in the front, connecting with the existing sidewalks on either
side of the site. There are 32 total spaces where 31 are required. We have
not yet made application for sewer and water for the site. We are aware there
is a water moratorium.
PUBLIC PORTION OPENED
No one stepped
forward.
PUBLIC PORTION CLOSED
The application was
carried to 4/20/05.
The meeting was
adjourned by motion at 10:20 p.m.
lm/ Dolores
A. DeMasi, Secretary