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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 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 Date3/16/05

 

6.  Effective Date3/16/05

 

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

 

 

 

 

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