A regular meeting of the Planning Board of the Township of
Roxbury was held on the above date at 7:30 p.m. with Chairman Scott Meyer
presiding. After a salute to the Flag, the Chairman read the “Open Public
Meetings Act”.
BOARD MEMBERS PRESENT: Scott Meyer,
Richard Zoschak, Gary Behrens, Michael Shadiack, Steven Alford, Lisa Voyce.
Teresa DeVincentis arrived at 7:35 p.m.
ABSENT: Larry Sweeney, Charles
Bautz, Jim Rilee, Joseph Schwab.
PROFESSIONAL STAFF PRESENT: Tom
Germinario, Russell Stern.
Also present: Dolores DeMasi,
Board Secretary.
Minutes of 2/2/05, 2/16/05, 2/17/05, 3/2/05
Mr. Behrens made a motion to
approve the minutes. Mr. Alford seconded.
Discussion. Corrections noted
and made.
Roll as follows: Mr. Behrens,
yes; Mr. Alford, yes; Mr. Shadiack, yes; Ms. Voyce, yes; Mr. Zoschak, abstain;
Mr. Meyer, yes.
Mr. Meyer announced that
Application S-8-05, Dell Avenue Properties will not be heard and is
carried to 5/4/05; Application S-21-04, Glenn Bott, will not be heard
and is carried to 5/18/05; Application M-3-04, Mark Tucci, will not be
heard and is carried to 5/4/05.
RESOLUTIONS
S-12-05 - CLEARVIEW CINEMA
– SOIL RELOCATION PERMIT FOR CINEMA LOCATED IN ROXBURY MALL, BLOCK 5004, LOT
7 & 8 IN B-3 ZONE
ROXBURY
TOWNSHIP PLANNING BOARD
MAJOR
SOIL REMOVAL/RELOCATION PERMIT
Pursuant to Chapter XVII of the General Ordinances of
the Township of Roxbury, Article 17-1 et seq. (the
"Ordinance), the Roxbury Township Planning Board (the "Board"),
having conducted a public hearing with public notice pursuant to the Ordinance,
does hereby grant to the Applicant identified herein a Major Soil Permit,
subject to the terms and conditions enumerated herein below.
1.
Applicant/Permittee: Clearview Cinema
2. Application Number: S-12-05
3.
Property Identification: Block 5004, Lots 7 and 8
4.
Subdivision/Site Plan Approval Date(s): Amended Site Plan 2/2/05
5.
Major Soil Permit Approval Date: 3/16/05
6.
Effective Date: 3/16/05
7.
Findings of Fact:
A. The Board has received an
Application consistent with the requirements of Ordinance Section 17-6, and the
Applicant has paid the application fee pursuant to Ordinance Section 17-7.1.
B. Proof of adequate notice of
this Application, pursuant to Ordinance Section 17-6.5, has been furnished to
the Board.
C. A public hearing was
conducted, in accordance with the Ordinance, and with opportunity for comment
by interested members of the public, on the following date(s):
D. In granting this Permit,
the Board has considered the factors enumerated in Section 17-6.6 of the
Ordinance. The Board has received and considered the following documents in
connection with this Application: (1) soil moving application dated ; (2) soil
movements stockpile plan by Maser Consulting revised to 9/04; (3) earthwork
calculations by Maser Consulting dated 9/04; and (4) reports of the Planning
Board Engineer, Thomas Bodolsky, dated 3/7/05.
E. The Board has made the
following additional findings of fact:
1. The Applicant intends to
export 1,593 cubic yards (c.y.) of soil, and import 250 c.y. of topsoil.
2. The Applicant proposes to
relocate within the site 1,843 c.y. of soil.
3. The Applicant intends to
export fill to outside the Township and obtain topsoil from outside the
Township.
4. The route of truck travel
from Applicant's site to the disposal site will be either: (a) main mall
access driveway to Route 10 East out of the Township, or (b) internal mall
driveways to Commerce Blvd to Route 10 West to Route 46 West to Route 80 East
out of the Township.
The route to Applicant’s
site from the borrow site will be either: (a) Route 46 West to Route 10 East
to the main mall access driveway, or (b) Route 80 West to Howard Blvd to Route
46 West to Route 10 East to the main mall access driveway.
5. The Applicant has agreed
to comply with the recommendations contained in the report of the Planning
Board Engineer dated 3/7/05.
6. Pursuant to Section 17-9d
of the Ordinance, the Board finds that circumstances warrant the restriction of
the hours of soil moving operations to 8:00 a.m. to 4:00 p.m. on weekdays (with
such operations prohibited on Saturdays, Sundays and legal holidays).
7. Pursuant to Section 17-17
of the Ordinance, the Board finds that strict application of the following
Ordinance provisions would impose hardship and hereby grants waivers with
respect thereto:
8. Conditions of Approval: This
Permit is granted subject to the following terms and conditions:
A. Applicant shall post a
performance guarantee, consistent with the requirements of Ordinance Section
17-8, in an amount indicated in Subparagraph H.5 below.
B. This Permit shall remain
valid for a term of one year from the Effective Date specified in Paragraph 6
hereinabove, subject to extension thereafter in accordance with Ordinance
Section 17-9c.
C. The Applicant shall pay the
engineering review and inspection fees as required in Ordinance Section 17-7.3.
D. This approval shall not
become effective until: (i) Applicant has paid all outstanding property taxes
and assessments due or delinquent as of the date hereof; and (ii) all
conditions of the amended site plan approval have been fulfilled to the
satisfaction of the Board Engineer.
E. Applicant shall comply
with: (i) "Hours of Operation" established pursuant to Ordinance Section
17-9d, as modified pursuant to paragraph 7.E.6 hereinabove; (ii) "General
Terms and Conditions of Operation" stipulated in Section 17-10; (iii)
"Topsoil Restrictions", pursuant to Section 17-11; (iv) "Depth
of Excavation", pursuant to Section 17-12; and (v) "Final
Grades", pursuant to Section 17-13.
F. Applicant grants to the
Township Engineer, and/or his duly authorized agents, the right of entry to the
property to conduct inspections to determine compliance with this Permit.
G. This approval is subject to
all outside agency review as may have jurisdiction over this matter.
H. This Permit is subject to
the following additional terms and conditions:
1. All fill will be imported
to/exported from Applicant's site from/to outside the Township.
2. The route of truck travel
from Applicant's site to the disposal site will be either: (a) main mall
access driveway to Route 10 East out of the Township, or (b) internal mall
driveways to Commerce Blvd to Route 10 West to Route 46 West to Route 80 East
out of the Township.
The route to Applicant’s
site from the borrow site will be either: (a) Route 46 West to Route 10 East
to the main mall access driveway, or (b) Route 80 West to Howard Blvd to Route
46 West to Route 10 East to the main mall access driveway.
3. The Erosion Control Plan
shall be modified to indicate the following note:
"Notwithstanding the approved Erosion and
Sediment Control Plan, the Applicant shall implement all measures needed to
satisfactorily control erosion, dust, and sediment transport as may be
reasonably determined by the Township Engineer during construction."
4. Applicant shall post fees
as follows:
Section 17-7.1 Application Fee - $250.00
Section 17-7.2 Soil Moving Fee - $276.00 ($0.15/cy
times 1,843 cy)
Section 17-7.3 Engineering Inspection Fees pursuant
to Section 13-2.404 of the
Township Ordinances
5. Per Section 17-8 of the
Ordinance, Applicant shall post a performance bond in the amount of $2,000.
6. Applicant shall place hay
bales on the site to supplement planned silt fencing for erosion control to the
satisfaction of the Planning Board Engineer.
7. In accordance with
Ordinance Sections 17-6.1(t) and 17-6.4, the Applicant shall stake out interior
improvements with appropriate cut sheets to the satisfaction of the Township
Engineer, and a professional land surveyor shall stake out lot corners and
appropriate points on line.
8. Plans shall be modified to
the satisfaction of the Board Engineer to:
9. Hours of soil moving
operations shall be limited to:
The undersigned does hereby certify that the foregoing
is an accurate recitation of the action taken by the Planning Board on the
approval date designated hereinabove.
Mr. Zoschak made a motion to
approve the resolution. Mr. Shadiack seconded.
Roll as follows: Mr. Zoschak,
yes; Mr. Shadiack, yes; Mr. Alford, yes.
Ms. DeVincentis arrived at 7:35
p.m.
S-30-05 - ROXBURY 2002 – AMENDED SOIL RELOCATION PERMIT FOR PROPERTY
LOCATED ON RT. 46, BLOCK 9505, LOT 9
ROXBURY TOWNSHIP PLANNING BOARD
MAJOR
SOIL REMOVAL/RELOCATION
PERMIT MODIFICATION
Pursuant to Chapter XVII of the General Ordinances of
the Township of Roxbury, Article 17-1 et seq. (the
"Ordinance), the Roxbury Township Planning Board (the "Board"),
having conducted a public hearing pursuant to the Ordinance, does hereby grant
to the Applicant identified herein a modification of its Major Soil Permit,
subject to the terms and conditions enumerated herein below.
1.
Applicant/Permittee: Roxbury 2002
2. Application Number: S-30-05
3.
Property Identification: Block 9505, Lot 9
4.
Subdivision/Site Plan Approval Date(s): Preliminary Site Plan
8/25/04
Amended 11/3/04
5.
Major Soil Permit Approval Date: 1/19/05
6. This permit modification is
subject to all terms and conditions of the original permit except as follows:
A. Prior to commencing
earthwork for rough grading purposes only, the Applicant need not fulfill all
conditions of the preliminary site plan approval (as amended), but only the
following:
1. Obtain approval of
Board and Township Attorney for Conservation Easement and approval of Board
Engineer for metes-and-bounds description, and file Easement Deed.
2. Provide Board Attorney with easement from the
owner of Lot 1 for construction/grading on its property.
3. Provide structural evaluation of Easterly aisle of
existing parking lot. Cite source of opinion that 5” asphalt thickness is
adequate.
4. Show liner installation
detail including bedding specs.
5. Provide design and
justification for heavy pavement on existing driveway.
B. The performance bond shall be calculated at a rate
of $0.35/cy x total earthwork quantity as accepted by the Board Engineer.
C. In extending to the Applicant an approval to
commence earthwork in advance of fulfilling all conditions of the Resolution of
preliminary approval, the Board expressly limits the activities to rough
grading to achieve subgrade elevations. No improvements shall be installed
pursuant to this advanced approval. Should earthwork progress to the stage
that rough grading is completed before all conditions of the Resolution are
satisfied, then all earth moving activities shall cease and the site shall
receive temporary stabilization as may be directed by the Board Engineer.
The undersigned does hereby certify that the foregoing
is an accurate recitation of the action taken by the Planning Board on the
approval date designated hereinabove.
Mr. Zoschak made a motion to
approve the resolution. Mr. Shadiack seconded.
Roll as follows: Mr. Zoschak,
yes; Mr. Shadiack, yes; Mr. Behrens, yes; Ms. Voyce, yes; Mr. Meyer, yes.
AGENDA
MASTER PLAN RE-EXAMINATION REPORT
Frank Banisch was present.
Mr. Stern said the Board members
have reviewed the final document and Mr. Banisch will provide an overview of
the document.
Mr. Banisch said the Board has
had a number of opportunities to review the document. The Board has made a
series of contributions to make it a more complete and readable document. The
statute requires that once every 6 years Planning Boards reexamine their master
plan. It is a requirement that the legislature brought into the statute
because it was thought for these plans to be vital documents that will remain
useful, we need to look at the problems and objectives at the time of the last
reexamination and the extent to which there have been changes in the meantime,
and we need to determine if the previous policy recommendations remain
appropriate or if modifications should be suggested. The questions laid out by
the statute were examined by the Board, and we have re-codified the analysis
into a descriptive text format.
Mr. Banisch said the report
carefully examines a broad array of planning goals and identifies a series of
the major planning issues that existed in 1998 including increasing amounts of
traffic congestion and a variety of other quality of life issues. The second
part of the document looks at the 1998 recommendations. The township has had a
very detailed and thorough master plan process that has brought in layers of
information such as the Natural Resources update. The 1998 plan made a wide
number of recommendations that resulted in an extensive amount of changes in
the master plan and development regulations. This document examined the growth
in population, circulation, stormwater management, conservation plan, and
critical concerns regarding redevelopment opportunities at the Hercules Tract,
etc. We also looked at the extent of changes in State regulations and
significant impacts on the local planning process and documented the change in
the Council on Affordable Housing regulations, Plan Endorsement and Cross
Acceptance process, transfer of development rights, and Highlands Planning
Act. As a result, the master plan has concluded with a series of
recommendations including the key recommendations to: 1) Amend goals statement
to better reflect the Board’s current perception of their objectives in the
planning process; 2) Update 1990 circulation plan and attempt to combat some of
the pressing traffic and congestion issues; 3) Preparation of a stormwater
management plan; 4) Preparing a conservation plan; 5) Consideration of
submitting the master plan for plan endorsement by the State Planning
Commission. The state would review the master plan and determine if it is
consistent with the State Plan. If they make that determination and if the
township is challenged for acting on policies and strategies that come out of
the master plan and regulations, the State becomes a partner in representing
the township in litigation. Among those participation incentives, within 3
years of the adoption of the COAH regulations, municipalities will have to have
proceeded through the first phase of plan endorsement in order to retain their
substantive certification that they may have from COAH. Plan endorsement is
something that the town can choose to participate in.
Mr. Zoschak asked if that is
being challenged.
Mr. Banisch said not that he
expects will be successful. There are two steps in the plan endorsement
process. The first is a comparison between the State plan and the local
plans.
Mr. Banisch said other
recommendations in the Reexamination Report are to continue to keep the COAH
certification current by amending the Housing Element and providing updated
Fair Share calculation; and exploring redevelopment options for the Hercules
Tract. This plan doesn’t lay out any specific plan for that redevelopment but
states the site holds unique opportunities to plan a future roll in the
township’s fiscal health and community character. The State has indicated they
would encourage a mixed use development. This document opens the door to what
that redevelopment would be. Another recommendation is to continue to look at
opportunities for redevelopment along Route 46. While there are some areas of
Route 46 that might merit from a more comprehensive redevelopment plan, we are
not looking at the kind of blighting influences that need to be clearly
remediated in order to prevent the spread of urban blight. Monitoring the
actions of the Highlands Council will also remain important. Also, there are a
series of zoning and design issues that are highlighted in the report as well.
Mr. Banisch said as part of the
conclusions, I have advanced the concept of looking at redevelopment
opportunities, particularly at the Hercules sight, as being a unique
advantage. It requires that the site be remediated. That will cost serious
amounts of money. To warrant the kind of clean up and redevelopment that will
be a credit to the township, it will mean there will be a realistic plan for
the uses of the property. I would recommend that the Board consider that
rarely is a municipality in a situation like Roxbury where revenues have
declined on a per capita basis while expenditures have increased, where net
debt has increased, and where a series of fiscal indicators are going down.
The way you measure the redevelopment of a site like the Hercules site will be
very important to picking just the right combination of how the fiscal impacts,
traffic impacts, community impacts, and environmental impacts can be balanced
to an optimal win-win situation.
Mr. Meyer said the Council has
been well involved in the environmental concerns and working with the State to
try to determine the possibilities.
Mr. Meyer said he recently
received a letter from the League of Municipalities regarding a workshop for
master plan reexamination and the importance of including stormwater
regulations, COAH, Highlands Act, and we have done that.
Ms. Voyce said this Board and
other members of the governing community here are very serious about Hercules
and other redevelopment properties in the township. 6 years ago I went on a
tour of Hercules before the buildings were torn down. We have been aware of
this, and we are more than willing and interested in having the discussions
regarding the site. We are aware of the issues and the need to balance things
out. It will be a very deliberative process.
Mr. Zoschak said in the Housing
Plan Element the language is broader than it was previously, particularly
regarding senior housing. It is my feeling we should target some of that
rather than make it so broad.
Mr. Stern said the document can
be modified at a later date. The next planning project we are going to be
involved in is preparation of the Housing Plan Element, and that will address
the future growth potential along with the Build-Out Analysis and what our
growth share is, our prior round obligations, rehabilitation units, etc. One
of the things we have to address is how we meet the obligations. One of the
formats we have to look at is designating certain sites for age restricted
housing. You are only allowed a certain percentage of credits for that type
housing. There is a variety of ways to treat this. I have located three HUD
projects that have been in town for a number of years. I think that is where
this issue should be staged.
Mr. Meyer said we did discuss
this, and one of the reasons for the broadness of the language is that we need
to talk to seniors to see what is actually needed.
Mr. Zoschak said that is being
done.
PUBLIC PORTION OPENED
No one stepped forward.
PUBLIC PORTION CLOSED
Resolution Adopting 2005
Master Plan Reexamination Report and Revised Goals and Objectives of the
Roxbury Township Land Use Plan Element
ROXBURY TOWNSHIP PLANNING BOARD
RESOLUTION ADOPTING THE 2005 MASTER PLAN REEXAMINATION
REPORT AND REVISED GOALS AND OBJECTIVES OF THE
ROXBURY TOWNSHIP MASTER PLAN
LAND USE PLAN ELEMENT
WHEREAS, pursuant
to the Municipal Land Use Law (the AMLUL@), N.J.S.A. 40:55D-89, a planning board must conduct a
general reexamination of the municipal master plan and development regulations
at least once every six years and prepare and adopt by resolution a report on
the findings of such reexamination; and
WHEREAS, the
Planning Board of Roxbury Township (the “Board”) completed its most recent
periodic re-examination of the Township’s Master Plan and development
regulations and adopted a report thereupon in June1998 (the “1998 Reexamination
Report”); and
WHEREAS,
pursuant to the MLUL, N.J.S.A. 40:55D-89, the Board has conducted a general
reexamination of the Township’s current Master Plan and development regulations
and has prepared a report thereupon entitled “2005 Periodic Reexamination
Report of the Master Plan and Development Regulations and Master Plan
Amendments” dated March 2005 (the “2005 Reexamination Report”); and
WHEREAS, the
2005 Reexamination Report includes revised general Goals and Objectives which
the Board wishes to adopt as the amended Goals and Objectives of the Master
Plan, replacing the Goals and Objectives adopted in connection with the 1998
Reexamination Report; and
WHEREAS, pursuant to the MLUL, N.J.S.A.
40:55D-28, the Board held a public hearing on April 6, 2005, with notice
thereof given in accordance with N.J.S.A. 40:55D-13, at which time there was an
opportunity for public comment on the 2005 Reexamination Report; and
WHEREAS, at
the conclusion of the public hearing of April 6, 2005, the Board voted to
adopt the 2005 Reexamination Report and to amend the Master Plan Goals and
Objectives consistent with those set forth in said Report.
NOW, THEREFORE, BE IT RESOLVED that the Board does hereby adopt the 2005
Reexamination Report and does hereby amend the Master Plan Goals and Objectives
in accordance with the Goals and Objectives set forth in the 2005 Reexamination
Report.
AND, BE IT FURTHER RESOLVED, that the Board=s
Secretary shall arrange for notice of the adoption of the foregoing amendments
to the Master Plan in accordance with N.J.S.A. 40:55D-13 and shall send a copy
of this Resolution and the 2005 Reexamination Report to the Township Clerk and
the Morris County Planning Board.
The undersigned does hereby certify that the foregoing
is a true copy of the action taken by the Planning Board at its meeting of
April 6, 2005.
Mr. Zoschak made a motion to
approve the resolution. Mr. Behrens seconded.
Roll as follows: Mr. Zoschak,
yes; Mr. Behrens, yes; Mr. Shadiack, abstain due to the fact that should a
member of his firm appear before the Board in the future, he is avoiding any
issue of conflict ; Ms. Voyce, yes; Ms. DeVincentis, yes; Mr. Meyer, yes.
Ordinance 11-05 – Review
for Master Plan Consistency
Mr. Stern said this ordinance
modifies the fee pursuant to regulations that came out by COAH on December 20,
2004. The municipality can increase the amount of the mandatory development
fee. It is COAH’s policy and we are just changing the figures. I support it
and feel it is consistent with the Master Plan as it helps promote Mt. Laurel
housing.
ROXBURY TOWNSHIP PLANNING BOARD
RESOLUTION OF MEMORIALIZATION
Approved: April 6, 2005
Memorialized: April
6, 2005
IN
THE MATTER OF MASTER PLAN CONSISTENCY DETERMINATION ORDINANCE NO. 11-05 TO
AMEND AND SUPPLEMENT CHAPTER XIII, LAND DEVELOPMENT ORDINANCE, ARTICLE VII,
ZONING REGULATIONS, SECTION 13-7.8, GENERAL PROVISIONS FOR ALL ZONES, OF THE
REVISED GENERAL ORDINANCES OF THE TOWNSHIP OF ROXBURY, COUNTY OF MORRIS, STATE
OF NEW JERSEY
WHEREAS,
the Planning Board has reviewed the proposed Ordinance No. 11-05 and has
received input from the Township Planner and Planning Board Attorney concerning
same, and has discussed the Ordinance at its public meeting of April 6, 2005;
and
WHEREAS,
based upon its review and that of the Township Planner and the Planning Board
Attorney, the Planning Board has determined that the proposed Ordinance is
consistent with the Master Plan and promotes the goals and objections of the
plan.
NOW,
THEREFORE, BE IT RESOLVED, that the Planning Board does hereby find and
determine that proposed Ordinance No. 11-05 to Amend and Supplement Chapter
XIII, Land Development Ordinance, Article VII, Zoning Regulations,
Section 13-7.8, General Provisions for All Zones, of the Revised General
Ordinances of the Township of Roxbury, County of Morris, State of New Jersey,
is consistent with the Roxbury Township Master Plan and with the planning goals
and objectives of the Township. The Planning Board Secretary is hereby
directed to advise the Township Council of said determination by the Planning
Board.
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 April 6, 2005.
Mr. Zoschak made a motion to deem
the ordinance consistent with the Master Plan. Mr. Alford seconded.
Roll as follows: Mr. Zoschak,
yes; Mr. Alford, yes; Mr. Shadiack, abstain; Mr. Behrens, yes; Ms. Voyce, yes;
Ms. DeVincentis, yes.
Resolution for closed
session
Mr. Germinario said we have been
through 90% of the settlement of the Muscarelle Litigation, and this agreement
outlines how the lawsuit will be dismissed. Because it involves litigation
issues, I have recommended that it be discussed in closed session.
ROXBURY TOWNSHIP PLANNING BOARD
RESOLUTION
WHEREAS,
the Township and the Planning Board are defendants in litigation pending in the
Superior Court of Morris County, Law Division, entitled Roxbury 80 L.L.C. v.
Township of Roxbury, et al, Docket No. MRS-L-1782-01PW (referred to as the
“Litigation”); and
WHEREAS,
the issues of the Litigation pertain to the zoning of property owned by Roxbury
80 L.L.C. designated as Block 9401, Lots 1, 12, and 13, and Block 9302, Lot 1,
on the Township’s Tax Map (the “Roxbury 80 Property”), and to the provision of
Mt. Laurel affordable housing on the Roxbury 80 Property; and
WHEREAS,
the Roxbury 80 Property, as currently zoned, is part of the R-5 Multi-Family
Residence District, which permits Multi-Family Housing at a density of five
units per acre with a 20% Mt. Laurel set-aside; and
WHEREAS, the parties to the Litigation have reached agreement
to resolve the Litigation based upon the addition to the R-5 District’s
Permitted Uses of a provision for Age-Restricted Condominiums, as set forth in
Township Ordinance No. 02-05, adopted by the Township Council on February 22,
2005; and
WHEREAS,
the parties now seek to terminate the
Litigation by the submission of a Consent Order, dismissing with prejudice all
claims raised in the Litigation, pursuant to a Settlement Agreement to be
executed by the parties; and
WHEREAS,
the Planning Board wishes to authorize its Chairman to execute on its behalf
the Settlement Agreement, a copy of which is annexed hereto.
NOW,
THEREFORE, BE IT RESOLVED, that the Planning Board does hereby authorize
its Chairman to execute on its behalf the Settlement Agreement, a copy of which
is annexed hereto.
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 April 6, 2005.
Mr. Alford made a motion to
approve the resolution. Ms. Voyce seconded. A voice vote approved.
Executive session commenced at
8:10 pm. and concluded at 8:30 p.m.
Resolution Authorizing
Planning Board to Execute the Settlement Agreement on behalf of the Planning
Board
ROXBURY TOWNSHIP PLANNING BOARD
RESOLUTION
WHEREAS,
the Township and the Planning Board are defendants in litigation pending in the
Superior Court of Morris County, Law Division, entitled Roxbury 80 L.L.C. v.
Township of Roxbury, et al, Docket No. MRS-L-1782-01PW (referred to as the
“Litigation”); and
WHEREAS,
the issues of the Litigation pertain to the zoning of property owned by Roxbury
80 L.L.C. designated as Block 9401, Lots 1, 12, and 13, and Block 9302, Lot 1,
on the Township’s Tax Map (the “Roxbury 80 Property”), and to the provision of
Mt. Laurel affordable housing on the Roxbury 80 Property; and
WHEREAS,
the Roxbury 80 Property, as currently zoned, is part of the R-5 Multi-Family
Residence District, which permits Multi-Family Housing at a density of five
units per acre with a 20% Mt. Laurel set-aside; and
WHEREAS, the parties to the Litigation have reached agreement
to resolve the Litigation based upon the addition to the R-5 District’s
Permitted Uses of a provision for Age-Restricted Condominiums, as set forth in
Township Ordinance No. 02-05, adopted by the Township Council on February 22,
2005; and
WHEREAS,
the parties now seek to terminate the
Litigation by the submission of a Consent Order, dismissing with prejudice all
claims raised in the Litigation, pursuant to a Settlement Agreement to be
executed by the parties; and
WHEREAS,
the Planning Board wishes to authorize its Chairman to execute on its behalf
the Settlement Agreement, a copy of which is annexed hereto.
NOW,
THEREFORE, BE IT RESOLVED, that the Planning Board does hereby authorize
its Chairman to execute on its behalf the Settlement Agreement, a copy of which
is annexed hereto.
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 April 6, 2005.
Ms. Voyce made a motion to
approve the resolution. Ms. DeVincentis seconded.
Roll as follows: Ms. Voyce, yes;
Ms. DeVincentis, yes; Mr. Alford, yes; Mr. Zoschak, yes; Mr. Shadiack, yes; Mr.
Behrens, yes; Mr. Meyer, yes.
The meeting was adjourned by
motion at 8:30 p.m.
Dolores
A. DeMasi, Secretary
lm/