View Other Items in this Archive | View All Archives | Printable Version

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, Board Secretary.


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.






                                               ROXBURY TOWNSHIP PLANNING BOARD



 Decided:  January 3, 2007

 Memorialized:  February 7, 2007




BLOCK 2701, LOT 1



WHEREAS, 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


WHEREAS, the application was deemed complete by the Board, and public hearing was held on 1/3/07; and


WHEREAS, it 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


WHEREAS, the 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.


                                2.  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 4/18/06

-                    Sheet 2, Area Map & Details, revised 4/18/06

-                    Sheet 3, Soil Conservation Plan,

                                revised 4/18/06


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,

                                dated 10/6/64


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 non-conformities.


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:


A.            Variances

                §13-7.816, outdoor storage behind building

                §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 for                                                                    adjoining residential district

                §13-8.904, 30-foot freestanding sign setback to                                                             side property line

                §13-8.916D3, 10-foot sign setback from right-of-                                                            way


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 Valley                                                                Road

                §13-8.608A, curbing along Berkshire Valley Road

                §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 along building

                §13-8.804, street trees outside right-of-way

                §13-8.806.2A, transition buffers for residential                                                               zone


9.  Based on the hearing record, the Board has made the following findings relative to the variances and design waivers sought by the Applicant:


(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.


                                (c)  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.


                                (d)  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.


                                (e)  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.


                                (f)  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.


                                (g)  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 13-5.101A.


                                (h)  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.


                                (i)  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.


                                (j)  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 engineer.


                                (k)  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.


                                (l)  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.


                                (m)  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.


                                (n)  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 septic system.


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 safety.


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 removed.


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 building.


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 stalls.


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 detail provided.


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 landscaping.


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 tree).


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 will remain.


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 as necessary.


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 site.


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 Valley Road.


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 corresponding details.


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 property.


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. Behrens seconded.


Roll as follows:  Mr. Sweeney, yes; Mr. Behrens, yes; Mr. Meyer, yes.






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 application.


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.




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 year period. 


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 West.


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.




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.




Mr. Rilee made a motion to approve the application with all stipulations agreed to.  Mr. Behrens  seconded.


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 parking. 


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 parking setbacks.


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. 





New Business


Mr. Stern discussed recent information he has received regarding the Highlands and COAH.


The meeting was adjourned at 8:45 p.m.


                                                Dolores A. DeMasi, Secretary