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A regular meeting of the Planning
Board of the Township of Roxbury was held on the above date with Chairman Scott
Meyer presiding. After a salute to the Flag, the Chairman read the “Open
Public Meetings Act”.
BOARD MEMBERS PRESENT: Scott
Meyer, Gary Behrens, Larry Sweeney, Robert DeFillippo, Jim Rilee, Robert
Schultz, Michael Shadiack.
ABSENT: Joseph Schwab, Charles
Bautz, Steven Alford, Richard Zoschak.
PROFESSIONAL STAFF PRESENT: Tom
Germinario, Russell Stern, Paul Ferriero.
Also present: Dolores DeMasi,
Mr. Meyer read from an article in
the Daily Record which stated there was a fatal accident on Route 206 when
someone was hit from behind when trying to make a left into the Oakwood Village
Apartments. The writer questioned whether that Planning Board should have
allowed for a left turn lane there which may have prevented such an accident.
Mr. Meyer he read it to remind the Board to think about the long reaching
consequences of the decisions we make.
S-16-07 – BOB CAT OF NW JERSEY – SITE PLAN FOR PROPERTY
LOCATED ON BERKSHIRE VALLEY RD. BLOCK 2701, LOT 1 IN B-2 ZONE
ROXBURY TOWNSHIP PLANNING BOARD
Decided: January 3, 2007
Memorialized: February 7, 2007
IN THE MATTER OF BOBCAT OF NORTH JERSEY WEST, LLC
PRELIMINARY SITE PLAN APPROVAL
BLOCK 2701, LOT 1
APPLICATION NO. S-16-06
Bobcat of North Jersey West, LLC (hereinafter the "Applicant")
applied to the Roxbury Township Planning Board (hereinafter the
"Board") for preliminary site plan approval on 6/21/05; and
application was deemed complete by the Board, and public hearing was held on
has been determined that the Applicant has complied with all procedural
requirements, rules and regulations of the Board, and that all required
provisions of procedural compliance have been filed with the Board; and
Board makes the following findings and conclusions based upon the documents,
testimony and other evidence comprising the hearing record:
1. The property which is the subject of the
application consists of 108,430 square feet (2.489 acres) located in the B-2
Highway Business District with 126.05 feet of frontage along Berkshire Valley
Road. The site is developed with a 6,000 square feet one-story building and a
gravel/dirt storage yard occupied by Bobcat of North Jersey. This facility
operates as a Bobcat dealership involved in the sales, service, parts and
rental of Bobcat compact construction equipment. An excavating and paving
contractor previously utilized the site and maintained the rear of the property
in outdoor storage. It was also utilized by Stroud Hopler since the early
1960’s. Bobcat occupied the property without obtaining site plan approval from
the Planning Board and receiving change of use/change of tenancy and zoning
permits. Adjoining the property to the north is a railroad line. To the east
is undeveloped R-3 zoned land that is currently before the Board for major
subdivision approval (Pondview). To the south are residentially developed
properties zoned R-3.
The development of the subject property proposed by the Applicant comprises
site plan approval for the current operation and site improvements including,
but not limited to, paving, curbing, parking, fencing, monument sign, lighting
and landscaping. The site exhibits steep slopes along its perimeter that will
not be disturbed in this application. Public water and a private septic system
service the property.
3. The proposed development of the subject property
to which the Board’s decision herein pertains is depicted and described in the
following drawings and/or plans:
Prepared by Hansen Engineering
Sheet 1, Site Plan, revised
Sheet 2, Area Map & Details,
Sheet 3, Soil Conservation Plan,
4. The Board’s planning and engineering professionals
and/or consultants submitted the following reports concerning their respective
reviews of the application, which are part of the hearing record:
Russell Stern, PP, dated 9/26/06
Paul Ferriero, PE, dated 9/28/06
5. In the course of the public hearings, the
following exhibits were marked and are part of the hearing record:
A-1, Rendered Site Plan Sheet 1, revised 4/18/06
A-2, Sewage Disposal System Application,
6. In the course of the public hearings, the
Applicant was represented by Stephen M. Aspero, Esq., and the Applicant
presented the testimony of the following witnesses, which testimony is part of
the hearing record:
Larry Bozik, PE, engineering expert
Vincent Ryan, Bobcat executive
7. The development of the subject property as
proposed by the Applicant involves continuation of pre-existing
A shed located to the rear of the property displays a
preexisting nonconforming rear yard accessory structure setback of 14.4 feet
(20 feet required). The site also exhibits a number of preexisting
nonconforming design elements including but not limited to, traffic aisle
width, parking setback, unpaved surfaces, residential buffers, outdoor storage
setbacks, overhead utilities, lighting, trash enclosures, sidewalks, curbs and
landscaping. Floor area ratio is 7% (20% permitted) and lot coverage including
gravel surfaces is 54.4% (60% permitted). The proposal will reduce impervious
coverage to 53.3%.
8. The development of the subject property as
proposed by the Applicant requires relief from the following land use
provisions of the Township ordinances:
§13-7.816, outdoor storage behind
§13-7.816F, outdoor storage screened
from adjoining properties
§13-7.817E, 12-hour outdoor display
per 24-hour period
§13-7.27A01, 35-foot landscaped buffer
§13-8.904, 30-foot freestanding sign
setback to side
§13-8.916D3, 10-foot sign setback from
B. Design Waivers
§13-5.101, submission of EIS
§13-8.602A, 33-foot right-of-way and
cartway width on
Berkshire Valley Road
§13-8.610A, sidewalks along Berkshire
§13-8.608A, curbing along Berkshire
§13-8.700D, curbing to be 6 inches
above paved surface
§13-8.702E, 24-foot wide traffic aisle
§13-8.702I&J, 6-foot sidewalk
§13-8.804, street trees outside
§13-8.806.2A, transition buffers for
9. Based on the hearing record, the Board has made
the following findings relative to the variances and design waivers sought by
(a) A variance is granted from Section 13-7.816,
which only permits outdoor storage to the rear of the principal building.
Outdoor storage extends past the building’s side elevations. A proposed 25-foot
setback of outdoor storage from the easterly and northerly property lines
represents an improvement over existing conditions where material has been
stored flush with those property lines. A 25-foot setback to the south is
proposed, where additional screening will be provided by a 6-foot stockade
fence. Outdoor storage occurs well over 200 feet from Berkshire Valley Road.
Additional buffering is required as set forth in the conditions below. The area
between the northerly property line and railroad will be topsoiled and seeded
with grass. Shrubs will be located along the chain-link fence that extends
past the front building elevation.
(b) A variance is granted from Section 13-7.816F,
which requires all outdoor storage to be screened from adjoining properties and
streets by means of fencing and landscaping as required by the approving Board.
The Applicant shall comply the provisions set forth in the conditions below.
PVC chain link mesh and PVC slats shall be installed on the fence and gate
facing Berkshire Valley Road. Along the northerly property line, the Board
will allow the existing chain link fence to remain due to the adjoining
railroad and embankment.
A variance is granted from Section 13-7.817E. The Applicant proposes a 24
hour, 195 square foot display area while the ordinance only allows 12 hours of
display per 24 hour period. The Board has no objection due to the substantial
setback from Berkshire Valley Road.
A variance is granted from Section 13-7.21A01, which requires a minimum 35 feet
wide continuous landscaped buffer along the southerly and easterly property
lines. Additional buffering shall be provided in accordance with the conditions
below. The Board finds that a proposed 25-foot setback of outdoor storage
represents an improvement over existing conditions where material is/was stored
flush with the easterly property line. The 25-foot setback to the south in
combination with the proposed stockade fence, land contours and tree line, will
adequately buffer the residences to the south. Stockade fence and evergreen
trees will buffer the residences to the east.
A variance is granted from Section 13-8.904 that requires a minimum 30-foot
setback between a side property line and a freestanding sign. The applicant
proposes a 1-foot setback from the adjoining railroad right-of-way. The Board
finds this to be an improvement over existing conditions and superior to the
alternative of locating the sign closer to the residences to the south.
A variance is granted from Section 13-8.916D3 that requires a 10-foot sign
setback from the proposed right-of-way while a 4.75 foot setback is provided.
In light of this and the above variance, the Board has required the sign area
to be reduced and the overall appearance of the sign improved. Sign lighting
has been limited to just the letters and logo.
The Applicant seeks a design waiver from Section 13-5.101 from the submission of
an Environmental Impact Statement. The Applicant has verified that a waiver is
appropriate in view of the triggering provisions set forth under Section
A design waiver is contingently granted from Section 13-8.602A, which requires
a minimum right-of-way half width of 33 feet (30 feet proposed) and cartway
half width of 33 feet on Berkshire Valley Road. Since this is a County Road,
the Board defers to the County and grants the waiver unless a greater width is
required by the County.
A design waiver is contingently granted from Section 13-8.610A and 13-8.608A
with regard to absence of curbs and sidewalks along Berkshire Valley Road.
Sidewalks and curbs do not exist on the adjoining properties and will not be
required unless the County requires them.
A design waiver is granted from Section 13-8.700D, which requires curbs, six
inches above the paved surface. Header curb is proposed along the 6 parking
spaces. The Board Engineer has indicated this is appropriate to facilitate
stormwater drainage, and he will resolve the drainage details with Applicant’s
A design waiver is granted from Section 13-8.702E as a 24 foot wide traffic
aisle is required while a 22-foot width is provided/existing. A 24-foot width
is provided adjacent to the parking stalls. Testimony of Applicant’s engineer
concurred with by the Board Engineer, indicates this aisle width to be
sufficient in light of the site’s low traffic volume.
A design waiver is granted from Section 13-8.702I and J with respect to
six-foot wide sidewalk not provided along the front building wall. Applicant
will install a narrower sidewalk sufficient for the intensity of use.
A design waiver is granted from Section 13-8.804 for street trees to be located
outside of the right-of-way, as to which the Board finds no adverse effect.
A design waiver is granted from Section 13-8.806.2A, with respect to
Applicant’s non-compliance with transition buffers required along the adjoining
R-3 District properties. Landscaping as required in the conditions below will
provide adequate buffering.
10. The Board finds that adequate access to the site
will be provided by the existing driveway from Berkshire Valley Road.
11. The Board finds that adequate provisions have
been made for water supply and sewage disposal facilities to service the
proposed development in the form of the existing public water and private
12. The Board finds that adequate provisions have
been made for the management of stormwater on the developed site.
13. The Board finds that an adequate plan for
internal traffic circulation, vehicle loading/unloading and parking within the
developed site has been presented by the Applicant.
14. The Board finds that the impact of traffic
associated with the proposed development will not be detrimental to public
NOW, THEREFORE, BE IT RESOLVED, that the Board does hereby approve the preliminary
site plan as depicted and described in the drawings and/or plans referenced
hereinabove. In connection with this approval, the Board grants relief from
land use provisions of the Township ordinances as set forth in Section 9 above.
This approval is subject to the following conditions
which shall, unless otherwise stated, be satisfied prior to the Board’s
signature of the preliminary site plan drawings.
1. If the Applicant has not completed the
improvements required by this preliminary site plan approval and applied for
final site plan approval within 9 months of the date of this Resolution, they
shall be subject to zoning enforcement action for continued site operations
without a valid site plan.
2. There shall be no outdoor repair or maintenance of
vehicles and/or equipment on the site.
3. There shall be no fueling of vehicles and/or
equipment on the site. Existing fuel storage tanks on the site shall be
4. Water used in washing of vehicles and/or equipment
shall be recycled in a manner to be approved by the Board Engineer.
5. The existing gravel parking area south of the
access drive shall be removed, and the area shall be top-soiled and seeded.
The employee parking area shall be relocated to the rear (east) of the
6. The three (3) parking stalls located over the
seepage pit shall be relocated to the rear (east) of the building, and the area
above the seepage pit shall be top-soiled and seeded.
7. Proposed metal guide rail around the outdoor
storage area shall be replaced by concrete tire stops. A detail shall be
provided to the satisfaction of the Board Engineer.
8. The 6-foot stockade fence shall be continued
parallel to the easterly property line with a 25-foot setback (in lieu of guide
rail) to screen the proposed residential development (Pondview) to the east.
All stockade fence shall be constructed of black locust or cedar wood. Gravel
shall be removed from the area between the fence and the guide rail, and that
area shall be topsoiled and seeded. Evergreen trees shall be planted in this
area as required by the Township Planner.
9. Gravel shall be removed between the guide rail and
the northerly chain-link fence, and the area shall be top-soiled and seeded.
Gravel shall be removed between the southerly guide rail and southerly property
line, and the area shall be topsoiled and seeded.
10. PVC chain link mesh and PVC slats shall be
installed on the fence and gate extending from the building face to the
northerly and southerly property lines between the building and the southerly
property line, and along the portion of the fence facing Berkshire Valley Road.
11. Stockade fence details acceptable to the Township
Planner shall be provided.
12. Sections of the driveway and parking area
designated by the Board Engineer shall be resurfaced.
13. Hairpin stripes shall be provided for all parking
14. A revised sign design of lesser dimensions
acceptable to the Township Planner shall be submitted. Only lettering and
logos shall be illuminated.
15. Approval/certification should be obtained from
the Morris County Soil Conservation District.
16. In accordance with Section 13-7.816:
(a) Outdoor storage of materials and/or equipment
shall only be permitted for the tenants occupying the building within the same
lot as outdoor storage.
(b) Outdoor storage of materials and/or equipment shall
not exceed a height of fourteen (14) feet.
17. Pursuant to Section 13-7.2201, the operation of a
commercial use within 200 feet of a residential district between the hours of
11:00 p.m. and 6:00 a.m. is prohibited.
18. The Applicant shall comply with all requirements
of the Morris County Planning Board.
19. A handicap parking sign shall be posted and a
20. A stop sign and pavement stop bar shall be
provided at the driveway/road intersection.
21. Revised drawings shall identify loading areas in
accordance with Section 13-8.703.
22. In accordance with Section 13-8.705, a gated
slatted chain-link fence trash/recycling enclosure shall be provided. Details
for any proposed enclosure shall be approved by the Township Planner.
23. Conforming lighting fixtures shall be specified
on the building elevations, subject to the approval of the Township Planner.
24. The adjustable floodlight on the utility pole
shall be removed, and two building mounted goosehead lights should be replaced
with conforming fixtures.
25. Additional sign details shall be provided (plan
view, maximum width of 18”, cap, block type, etc.).
26. Landscaping shall be provided along the sign base
as required by ordinance.
27. Shade trees shall be specified at a 2 ½ to 3 inch
caliper and a 12 to 15 foot height.
28. The southerly street tree shall be located no
farther than 40 feet on center.
29. Hose-bibs shall be provided for watering of
30. A tree planting detail, including tree stakes
shall be provided. The detail shall note that tree stakes and wires shall be
removed by the Applicant after one year from the date of installation.
31. All plant material shall be guaranteed by the
landscape contractor for a minimum period of one year from the date of
installation to replace dead and marginal plant.
32. Landscaping along the parking spaces shall be
provided in accordance with Section 13-8.807 (shrubs and an additional shade
33. The Township Planner shall be contacted for
further landscaping comments. A revised landscape plan shall be submitted that
is subject to the review and approval of the Township Planner.
34. The existing trees in the outdoor storage areas
35. This approval is subject to the approval by the Morris
County Planning Board regarding the construction details of the driveway.
36. Areas behind the guide rail shall be revegetated
37. The Applicant shall provide copies of approvals
from all outside agencies.
38. The following construction mitigation measures
are hereby made applicable to this project:
A. Elimination of
anti-vandalism horns on equipment.
B. Work hours shall be limited
from 7:00 a.m. to 5:00 p.m. Monday through Saturday. No work shall take place
on Sundays or holidays except on an emergency basis. The holidays which shall
be observed for purposes of this condition shall be New Year's Day, President's
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas.
The Applicant shall maintain personnel on site to whom incidents of noise
disturbance shall be reported and said personnel shall be authorized to take
measures to minimize said disturbances. As used in this section, “work” shall
include both interior and exterior construction.
C. Anti-litter regulations
shall be imposed on site.
D. The Applicant shall
establish regulations for the safe and proper transfer and transport of fuel on
E. Tracking mats shall be
located by the Morris County Soil Conservation District and the Township
Engineer in such places as to minimize the tracking of dirt and mud onto
Berkshire Valley Road.
F. Clean-up and wash-down of
trucks and equipment shall be required before leaving the construction site.
G. Adequate provisions for
safe control of employee parking including employees of the contractors and
sub-contractors shall be required on site during construction.
H. During construction, all
construction traffic shall enter and exit the site exclusively from Berkshire
I. Violation of any of these
construction mitigation measures may result in a stop work order, which order
shall remain in full force and effect until the condition is remedied to the
satisfaction of the Township Engineer.
39. Prior to disturbance of the subject property, the
Applicant shall comply, to the extent applicable, with the provisions of
Ordinance Chapter XVII, “Soil Removal and Soil Relocation.”
40. Prior to final site plan approval, the Applicant
shall obtain from the Township Engineer a determination of required off-tract
improvements and Applicant’s pro-rata contribution with respect thereto,
pursuant to Ordinances §13-4.6
and 13-4.7. Said contribution shall be
paid in full prior to final site plan approval.
41. Pursuant to Section 13-7.829, the Applicant shall
pay a mandatory development fee equal to two percent (2.0%) of the total
equalized assessed valuation of the nonresidential development. Fifty percent
(50%) of the fee shall be posted prior to the issuance of any building permit
and the remainder paid prior to the issuance of a certificate of occupancy.
42. Applicant shall source separate and recycle all
mandated material as required by the Municipal Recycling Ordinance and the
Morris County Solid Waste Management Plan both during construction and for the
duration of occupancy.
43. Drawings shall identify areas for trash and
recycling enclosures and potential future expansion of these enclosures with
44. In the event that future additional dumpster
enclosures are needed for the site, then upon the approval of the Zoning
Officer, they shall be constructed.
45. This approval is subject to all other approvals
required by any governmental agency having jurisdiction over the subject
46. This approval is subject to the payment in full
by the Applicant of all taxes, fees, escrows, assessments and other amounts due
and owing to the Township and/or any agency thereof.
47. 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.
48. Revised plans shall be submitted within 60 days
and must be deemed complete to the satisfaction of the Board Engineer within 6
months of the date of memorialization. Failure on the part of the Applicant to
satisfy this or any other condition of this resolution will result in referral
of this matter back to the Planning Board for purposes of deeming the approval
null and void.
The undersigned does hereby certify that the foregoing
is a true copy of the Resolution of the Roxbury Township Planning Board
memorializing the action taken by the Board at its meeting of January 3, 2006.
Mr. Sweeney made a motion to approve the resolution. Mr.
Roll as follows: Mr. Sweeney,
yes; Mr. Behrens, yes; Mr. Meyer, yes.
M-6-06 – PONDVIEW – STS – SUBDIVISION FOR LOTS LOCATED ON
HALSEY ST. BLOCK 2701, LOT 3; BLOCK 2702, LOT 1 IN B-2 ZONE
Mr. Meyer stated this application
has been postponed several times.
Mr. Germinario stated there are
still legal issues to be resolved, but in the past we have denied without
prejudice and allowed the applicants the opportunity to reinstate their
Mr. Rilee made a motion to deny
the application without prejudice. Mr. Behrens seconded.
Roll as follows: Mr. Rilee, yes;
Mr. Behrens, yes; Mr. Shadiack, yes; Mr. Schultz, yes; Mr. Sweeney, yes; Mr.
DeFillippo, yes; Mr. Meyer, yes.
PBA-07-00003 - VILLAGES AT ROXBURY – SOIL APPLICATION FOR
PROPERTY LOCATED ON SHIPPENPORT RD. BLOCK 11201, LOT 1 IN R-6 ZONE
Attorney Steven Tripp represented
the applicant. He stated right now we have the approval from August for 179
lots. The 161 lot plan is pending before the Board to be heard on March 7th
to subdivide out the 18 lots that are being sold to the Township. The soil
application we filed is for either 161 or 179 lots. We have received a report
from Mr. Kobylarz and we agree to those items.
Susan Berninger was sworn in.
She stated the project will be built basically in one phase. For purposes of
construction, it will be constructed over a 5 year time. The construction will
be phased. We are currently clearing part of the land. Part of our resolution
has a condition that a detailed construction sequence will be part of the soil
movement approval. The plan approved in August had a page showing the
construction sequence. We need to modify the construction sequence because the
water line is no longer coming through Mt. Arlington. Also, the way we are
clearing will affect the sequence, as clearing is being done in stages. As to
cut and fill, there is a map the shows areas of cut in red and fill in blue.
As we are doing the earthwork, we want to be careful that we are restoring the
materials. The first phase of construction will be all the infrastructure.
That will also progress in a phased manner. Once that is done, we will do
models and then do sections dependent on sales. That will be worked out with
Mr. Kobylarz and Mr. Ferriero. There is a lot of dirt to be moved over a 5
Mr. Tripp said Mr. Kobylarz has
asked that the detailed sequence of construction be amended and submitted. The
sequence will be incorporated into the soil permit prior to any soil movement
taking place. We are in agreement with the items in the report.
Ms. Berninger stated hours of operation will be in
accordance with Mr. Ferriero’s report. We are not sure where the soil will go
at this time. The route will be to go to Rt. 80 as easy as possible, similar
with what we are doing with the tree clearing.
Mr. Rilee said he hasn’t heard
any complaints, but for the soil moving I would like to define the route now,
and it could be amended at a later date if necessary.
Mr. Ferriero stated his report
outlines the routes, and if they use one of those routes, that will be
acceptable. Shippenport Road to Landing Road, or Shippenport Road to Route 80.
Mr. Rilee said another large
concern is the tracking of mud, dirt and dust on and off site. You may need to
have a street sweeper available.
Ms. Berninger stated we would
agree to have a street sweeper there as necessary.
Mr. Meyer said for Route 80 West,
you would have to go east on Rt. 46 and make the U-turn to go onto Route 80
M. Ferriero said the soil approval
should be conditioned on the conditions already in the subdivision resolution.
Mr. Tripp agreed, if they apply
to soil moving.
Mr. Germinario asked if there is
a stockpile plan.
Ms. Berninger said there is a
plan. That will be adjusted when we amend the subdivision.
Mr. Rilee said another concern is
that there will be sufficient signage for the truck traffic.
Ms. Berninger said there will be
signage, and we are speaking with the traffic control officer regarding the
possible need to have an officer at the site.
PUBLIC PORTION OPENED
Patrick Le Strange was sworn in.
He asked about the water line.
Ms. Berninger said we are still
connecting it to Ford Road, but it ill stay on Shippenport.
Mr. LeStrange asked if we will be
able to look at the maps.
Ms. Berninger said all the maps
are on file in the planning office.
No one else stepped forward.
PUBLIC PORTION CLOSED
Mr. Rilee made a motion to
approve the application with all stipulations agreed to. Mr. Behrens
Roll as follows: Mr. Rilee, yes;
Mr. Behrens, yes; Mr. Shadiack, yes; Mr. DeFillippo, yes; Mr. Schultz, yes; Mr.
Sweeney, yes; Mr. Meyer, yes.
Mr. Zlantan Sheparoski was
present. He said he owns the property and bought it last year. There was a
small building there. Before we bought the property we talked with the zoning
officer an the town engineer, and we thought we could build a single family
house on the back of the property. We have applied for the house, and because
the property is divided by a zone line, we are here for a concept hearing.
Jovan Sheparoski, Mr. Zlantan
Sheparoski’s son, stated this was an old Model Dairy building. The parking
lot was on the residential end. The building was unusable. We demolished it
and put a house in the rear in place of the former parking lot. The property
is dually zoned. It is residential on North First and B-2 on Route 46. I live
in the house, and would like to use the part facing Route 10 for a business.
There are issues with parking and setbacks. It would be about 1,000 square
feet of office on the second floor, and we would utilize the first floor for
Mr. Meyer stated the issue is
that the lot is undersized.
Mr. Stern stated the property was
previously used by a landscape contractor. With the demolition of the Model
Dairy it is one contiguous property, but is two zones. The applicant now wants
to use the B-2 portion. For him to develop that would require a subdivision.
The lot would be 5,000 square feet in a 10,000 square feet zone. There would
also be a site plan application for the office space on the second level.
Under this proposal the second floor would meet FAR, impervious coverage,
parking requirement. Variance would be required for parking setback to building;
design waiver for parking setback to right-of-way; variance would be required
for the freestanding sign setback. The property is undersized. It is under in
lot width and lot frontage as well. This application could potentially be
under the jurisdiction of the Zoning Board if they include the storage area on
the first floor as floor area. The Board needs to discuss the lot size and the
Mr. Meyer asked what is on lot 10
and lot 8.
Mr. Sheparoski said Ed Secco is
on Lot 10 and is 20 feet off the road. All of his parking is on the
residential end of the property.
Mr. Sheparoski showed the Board a
picture of the Secco property.
He said Lot 8 also is about 20
feet from the property line. The other side is on the property line. The
driveway is on the right and rear of the property. He showed the Board a
picture of the Lot 8 property.
Mr. Stern said there is also a
provision about the location of the building in relation to the surrounding
lots. There is also a requirement for a 35 foot residential buffer.
Mr. Rilee said there is
definitely nonconformity along Route 46. We have incorporated several land use
ordinances to address some of that. The Economic Development Committee is
trying to refurbish Route 46 and are trying to eliminate those
nonconformities. Have you contacted the surrounding properties regarding
purchasing the property?
Mr. Sheparoski said Mr. Secco and
the other owner are not interested in purchasing at this time. I know this is
undersized, but it won’t be out of character here.
Mr. Rilee said some of my
concerns are the parking in front and the setbacks.
Mr. Meyer said there was a
meeting of the Economic Development Committee, were property owners along Route
46 were invited, and many attended, and the point we are trying to make is
that this is an important part of the township and is a gateway to Roxbury. We
don’t want places with cars pulling in front of the building, or used car lots
right along the road. This would be creating another undersized lot, and is
not solving the problem.
Mr. Ferriero stated this is Route
46 and a State highway. You will need approval from the DOT. They would not
permit two driveways out to the highway. They may not permit any access at
all. Based on their access code, it is a nonconforming lot. That is a
significant issue, and the applicant needs to address that with the DOT
Mr. Meyer stated he feels this
would be perpetuating the nonconformities.
Mr. Rilee suggested the
possibility of sharing an access with a neighboring property.
Mr. Ferriero said that should
also be addressed with DOT.
Mr. Sheparoski asked if the Board
would be more likely to approve something here with a shared access.
Ms. DeMasi said the applicant can
always return with another concept.
Mr. Meyer said the Board is not
looking favorably on the undersized lot.
Mr. Stern discussed recent information he has received
regarding the Highlands and COAH.
The meeting was adjourned at 8:45 p.m.