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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, Larry Sweeney, Gary Behrens, Richard Zoschak, Robert DeFillippo, Joseph Schwab, Michael Shadiack, Jim Rilee, Charles Bautz.


ABSENT:  Steven Alford, Robert Schultz.


PROFESSIONAL STAFF PRESENT:  Tom Germinario, Russell Stern, Paul Ferriero.


Also present:  Dolores DeMasi, Board Secretary.


Mr. Meyer announced that Application PBA-07-06, Roxbury 2002 LLC, Philips will not be heard and is carried to 4/18/07, and Application M-10-06, Scott Construction will not be heard and is carried to 4/18/07.






                                               ROXBURY TOWNSHIP PLANNING BOARD

                                                                   RESOLUTION OF MEMORIALIZATION


 Decided:  March 7, 2007

 Memorialized:  March 21, 2007




BLOCK 11201, LOTS 1-3; BLOCK 10101, LOT 34



WHEREAS, Wellfleet Developers, Inc./Villages at Roxbury (hereinafter the "Applicant") applied to the Roxbury Township Planning Board (hereinafter the "Board") for amended preliminary and final major subdivision approval on 10/10/06; and


WHEREAS, the application was deemed complete by the Board, and a public hearing was held on 3/7/07; 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 179.54 acres located in the R-6 Planned Residential District. On July 5, 2006 the Applicant received amended preliminary major subdivision approval (memorialized August 2, 2006), for 179 single-family lots. Through negotiations with the Township, the Applicant now seeks amended preliminary and final subdivision approval to subdivide a 33.969 acre parcel, to be purchased by the Township, and reconfigure the road layout for a reduced lot yield of 161 single family lots. Two lots along Williams Road, sixteen lots along cul-de-sac Roads ‘P’ and ‘Q’, Detention Basin ‘G’ and Roads ‘P’ and ‘Q’ will be eliminated.  The 33.969-acre parcel will be acquired by the Township with the assistance of a Morris County Preservation Trust Fund Grant. The Township and Applicant have drafted a contract of sale but have yet to execute the document.


2.  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:


            - Preliminary Major Subdivision Plans (161 lots),                       consisting of 124 pages, revised

                  through October 5, 2006, prepared by Robert J.              Foley, PE.

            - Preliminary Major Subdivision Plans (179 lots),                       consisting of 125 pages, revised

                  through October 25, 2006, prepared by Robert J.                   Foley, PE.

            - Final Plat (161 lots), consisting of eight sheets,              dated August 1, 2006, prepared by

                  Glen J. Lloyd, PLS.


3.  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, P.P., dated 3/1/07

Paul Ferriero, P.E., dated 3/1/07


4.  In the course of the public hearings, the following exhibits were marked and are part of the hearing record:


A-1         161-Lot Site Layout

A-2         Sheet 10 of 119 for 179-lot layout,

                                revised 5/18/06

A-3         Road O Preliminary Plat


5.  In the course of the public hearings, the Applicant was represented by Steven Tripp, Esq., and the Applicant presented the testimony of the following witnesses, which testimony is part of the hearing record:


Susan Berninger, P.E., engineering expert


6.  The Board finds that this application is a benefit to the community and will result in more municipal open space lands and less density, less site disturbance, impervious coverage and infrastructure.  The Board also finds that the 161-lot subdivision plan represents a substantial improvement over the 179-lot plan, insofar as it requires less variance relief and better conforms to Ordinance requirements.


NOW, THEREFORE, BE IT RESOLVED, that the Board does hereby approve the amended preliminary and final major subdivision approval, including bulk variances, as depicted and described in the drawings and/or plans referenced hereinabove.


This approval is subject to the following conditions which shall, unless otherwise stated, be satisfied prior to Board’s signature of the amended preliminary subdivision drawings and/or final subdivision plat:


1.  As a condition precedent to this 161-lot preliminary and final subdivision approval, a contract for the sale of the 33.969 acre parcel by the Applicant to the Township shall be executed.  The 179-lot plan approved by the August 21, 2006 Resolution shall remain in effect until the 33.969 acre parcel is conveyed to the Township, at which point this 161-lot approval shall supercede it.


2.  Prior to approval and signing of the amended preliminary subdivision plan or the final subdivision plat, the Board Engineer and the Township Planner shall certify that all applicable conditions of the August 2, 2006 Resolution have been fulfilled by the Applicant and a performance bond in an amount to be determined by the Board Engineer shall be posted.


                                3.  All conditions of approval previously set forth in the Resolution of August 2, 2006, shall remain in effect, unless modified herein.


                                4.  Since the only point of public access to the 33.969 acre Township open space parcel is from Williams Road, an access easement shall be provided from Village Boulevard to the open space parcel for maintenance and emergency purposes.


                                5.  On the open space parcel, the drawings depict an area reserved for JCP&L to accommodate the potential relocation of utility lines. All references and proposed easements for JCP&L that are located on the future municipal parcel, except for portions of the JCP&L easement that are not being relocated, shall be eliminated as the property is being acquired through a Morris County Preservation Trust Fund Grant for open space and recreation purposes. Necessary easements shall be located within the proposed single-family lots. Setback lines shall be adjusted accordingly to provide a 5-foot setback from the easement per Ordinance Section 13-8.205A.  Lot line adjustments to accommodate the relocated JCP&L easement may be administratively approved by the Township Planner to the extent they do not involve new variances.


                                6.  Pursuant to Condition 77 of the August 2, 2006 Resolution, the drawings shall note that overhead utility line in the vicinity of Road ‘O’ shall be placed underground, except where they cross open space areas and to the extent permitted by JCP&L.


                                7.  JCP&L has expressed an interest in locating a power substation on the property, but nothing is depicted on the plans at this time. Any proposal for a substation will require site plan approval wherein the Board can address planning issues, including buffering of adjoining properties.


                                8.  The development sign proposed at the Road ‘O’/Mansel Drive/Salmon Road intersection shall be removed.


                                9.  Building setbacks for lots on the easterly side of Road ‘O’ shall be depicted on sheet 2.


                                10.  Deed language for the easements must be provided for review and approval by the Board and Township Attorneys and the Board and Township Engineers.  Descriptions for these easements shall also be prepared for review.


                                11.  Prior to the signing of any maps, a performance bond must be posted.  An engineer’s estimate should be provided after the Resolution compliance review is completed.


                                12.  The engineer shall confirm that all outbound monuments for the tract are set.


                                13.  All lots shown on the index plan (sheet 2) shall show all setbacks.  The setback lines are missing from some of the lots on Road J and Road O.


                                14.  Since the modified plans results in the elimination of Basin G, the remnant “10’ wide berm” label shall be removed from page 22.


                                15.  The following changes shall be made to the Final Plat:


                                                (a)           The leader for Sight Easement E on sheet 3 shall be moved to be consistent with the easement location.


                                                (b)           Any references on the plans to resolutions shall include the date of the resolution.


                                                (c)           The text near the easement legend on Sheet 4 shall be moved to eliminate conflicts and permit legibility.  The maps shall be rechecked to eliminate all text conflicts.


                                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 3/7/07.


Mr. Zoschak made a motion to approve the resolution.  Mr. Bautz seconded.


Discussion.  Changes noted and made.


Roll as follows:  Mr. Zoschak, yes; Mr. Bautz, yes; Mr. DeFillippo, yes; Mr. Rilee, yes; Mr. Shadiack, yes; Mr. Behrens, yes; Mr. Sweeney, yes; Mr. Meyer, yes.




R J Investors – site plan for home on steep slopes


Mr. Stern said this property is on Roosevelt Way.  The proposal is for a single family dwelling on the lots.  The application has been considered complete by the staff.  No completeness waivers are requested.  The only variance at this time is for steep slopes.


Mr. Rilee made a motion to deem the application complete.  Mr. Zoschak seconded.


Roll as follows:  Mr. Rilee, yes; Mr. Zoschak, yes; Mr. DeFillippo, yes; Mr. Shadiack, yes; Mr. Behrens, yes; Mr. Bautz, yes; Mr. Sweeney, yes; Mr. Meyer, yes.


The application was scheduled to be heard on 5/2/07.







Attorney Gary Mizzone represented the applicant. 


Edward Kloss was sworn in. 


Kevin Lucas was sworn in.


Alfred Stewart, engineer for the applicant, was sworn in.


The applicant addressed Mr. Ferriero’s report:


Safety consideration items:


Items 1 thru 6 -  will be done prior to Certificate of Occupancy


General site work items:


Items 1 thru 7 – items will be bonded and will be completed by 5/1/07.


Mr. Mizzone said the deed for consolidation has been prepared and will be recorded prior to c/o.  (easement – will be done prior to c/o) . 


The application addressed Mr. Stern’s report:


Items 1, 2, 3 – to be completed prior to Certificate of Occupancy

4 – agreed

5 – agreed (# of trash cans, ash urns and benches to be determined by Russell Stern)

6 – agreed

7 – agreed

8 – agreed

9 – Discussion.  Applicant would like to take the fence down to their building corner to block the debris from the property next door.  The Board agreed, and the applicant will add a 4’ high segment in the front.

10 – addressed

The applicant agreed to the remaining items which will be bonded and completed by 5/1/07.


Mr. Germinario said the conditions of preliminary approval will be reiterated in the resolution.


Mr. Stewart will furnish the Board Engineer with an estimate of the items to be bonded.


Discussion on lighting.  It was determined the temporary lights will be subject to Russell Stern’s approval.


Mr. Rilee made a motion to approve the application subject to the safety items and other items agreed to being completed prior to Certificate of Occupancy, and remaining items in the reports from the Board professionals being completed by 5/1/07.  Mr. Zoschak seconded.


Roll as follows:  Mr. Rilee, yes; Mr. Zoschak, yes; Mr. DeFillippo, abstain; Mr. Shadiack, yes; Mr. Behrens, yes; Mr. Sweeney, yes; Mr. Meyer, yes.


Old Business


-Discussion on Scott Construction. – The consensus of the Board was that since this application has been carried several times, and is now carried to 4/18/07, if the applicant cannot appear at that hearing, it may be denied without prejudice.


-Ms. DeMasi informed the Board that at the next meeting on 4/4/07 there is only a concept hearing on the agenda, however it is a major concept.


Mr. Stern explained the property is located at the southeast quadroon of Route 80 and Route 206.  It has been zoned OR-5 for many years.  The proposal is for a 3 story hotel, a rather large office/flex warehouse building, medical office building, and a chain restaurant.  Ingress/egress will be provided off Mountain Road. There is a one-way right in/right out off of Route 206.


The meeting was adjourned by motion at 8:10 p.m.



                                                            Dolores A. DeMasi, Secretary