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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.






                                               ROXBURY TOWNSHIP PLANNING BOARD

                                                                   RESOLUTION OF MEMORIALIZATION


Approved:  March 2, 2005

 Memorialized:  March 16, 2005




BLOCK 6502, LOTS 1 and 2



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.




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.











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.




No one stepped forward.




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.






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.




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.




No one stepped forward.




The application was carried to 4/6/05.


There was a 5 minute recess at 9:20 p.m.




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.




No one stepped forward.




The application was carried to 4/20/05.


The meeting was adjourned by motion at 10:20 p.m.


lm/                                                        Dolores A. DeMasi, Secretary