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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, Charles Bautz, Larry Sweeney, Michael Shadiack, Jim Rilee, Gary Behrens, Robert Schultz.


ABSENT:  Richard Zoschak, Steven Alford, Joseph Schwab, Robert DeFillippo.


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


Also present:  Dolores DeMasi, Board Secretary.


Minutes of 6/20/07


Mr. Rilee made a motion to approve the minutes.  Mr. Behrens seconded.


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






                                      ROXBURY TOWNSHIP PLANNING BOARD

                                         MAJOR SOIL REMOVAL/RELOCATION



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 an extension of its Major Soil Permit, subject to the terms and conditions enumerated herein below.


1.  Applicant/Permittee:  Built-Right Homes, LLC/Anil Rana


2.  Application Number:  M-3-05


3.  Property Identification:  Block 7001, Lot 2


4.  Subdivision/Site Plan Approval Date(s):  Minor Subdivision  11/3/04


5.  Major Soil Permit Approval Date:  4/20/05


6.  Extension Approval Date:  7/11/07


7.  Extension Expiration Date:  7/11/08


8.      This permit extension is subject to all terms and conditions of the original permit except as follows:




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


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






Mr. Stern stated this application is for a 2 lot subdivision and the applicant has submitted all information requested.


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


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


The application was scheduled for 9/5/07.




Mr. Stern said this application is for a site plan on Route 206.  It was a site that received preliminary approval several years ago.  They are now going for a retail building.  Design waivers were sought and the staff has no objection to them.  One waiver is for application to Morris County Soil Conservation District which is premature at this time.  There is a partial waiver for utility profiles, driveway profiles, roadway centerline geometry, etc.  The staff recommends it be deemed complete with waivers for completeness only.


Mr. Rilee asked if the waivers are needed because it is in the Highlands?


Mr. Ferriero said it is not in the preservation area, but is in the planning area.  Modifications that are coming down the road are the stream encroachment regulations.  The Highlands regulations have no effect at this time. 


Mr. Rilee made a motion to deem the application complete, with waivers granted for completeness only.  Mr. Bautz seconded.


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


The application was scheduled for 9/19/07.


Mr. Meyer announced application PBA-07-15, Kyecoplaza, will not be heard and is carried to 9/19/07; application PBA-07-11, R J Investors, will not be heard and is  carried to 9/19/07.




Letter from Larry Kron in regards to Walgreens


Mr. Kron stated on May 16th the Board voted to permit limited construction on the Walgreens site pending receipt of the TWA.  We anticipated at that point the TWA would be endorsed at the 6/12/07 meeting of the Mayor and Council but it wasn’t.  It was sent back and was then adopted at the 6/26/07 meeting, but my client did not get it for another 2 weeks.  We now have to submit it to the DEP.  We request that the Board allow us to continue the work we are doing at our own risk.  We have posted the bonds, and are just awaiting DEP approval.  The applicant has advised the approval will take another 30 days.  We are allowed to do grading, foundation excavating, utilities, curbing and storm drains.  What we now request is to begin constructing the masonry walls, plumbing, electric underground and inspections to allow them to pour the concrete.  


Mr. Rilee said the reason we didn’t want the building going up is that if something went wrong, we didn‘t want a partial building to go up.  Is it possible to have a demolition bond if something fails?


Mr. Germinario stated we do sometimes require restoration bonds. 


Mr. Kron suggested an amendment on the Developers Agreement.


Mr. Rilee said that can’t b e done.  The bond has to be specific.


Ms. DeMasi said we only have bond on landscaping, trees, and soil.


After discussion, it was determined the applicant will submit a restoration bond in an amount to be determined by Mr. Ferriero before any further work can be done.


Contract of Banisch Associates for amended Land Use Element


Mr. Stern stated in 2005 the Planning Board completed its Master Plan Reexamination Report and in 2006 completed the Build Out Analysis.  There were a number of recommendations in both documents.  The next step to act upon those is to update the Land Use Plan Element of the Master Plan and then revisions to the Land Use Element.  The Master Plan Committee has highlighted the items that they want addressed in greater detail in the Land Use Plan Element.  The process will take about 6 months.  $7,500 is budgeted for the updates.


Mr. Rilee stated regarding Rt. 46, I have talked to the Economic Development Committee and think it is a good idea to try to work with them. 






                WHEREAS, there exists a need for the appointment of a consulting planner by the Planning Board of the Township of Roxbury to prepare an amended Land Use Plan, and


                WHEREAS, the funds are available for this purpose, not to exceed $7500.00, and


                WHEREAS, Section 40:55D-1b, Article 9 of the Municipal Land Use Law states that the Planning Board may employ, or contract for and fix the compensation of experts, and other staff and services as it may deem necessary; and


                WHEREAS, the Local Public Contracts Law (N.J.S.A. 40:A-11 etc. seq.) requires that the resolution authorizing the award of contracts for “Professional Services” without competitive bids and the contract itself must be made available for public inspection; and


                WHEREAS, Francis Banisch & Associates, is familiar with the Township of Roxbury having worked on the most recent Master Plan Reexamination Report and the Build-Out Analysis; and


                WHEREAS, the Board wishes to retain Francis Banisch & Associates as a Consulting Planner to update the Land Use Plan to incorporate recommendations contained in the Reexamination Report and the Build-Out Analysis.


                NOW, THEREFORE, BE IT RESOLVED by the Planning Board of the Township of Roxbury as follows:


1.        Francis Banisch & Associates is retained to serve as a Consulting Planner to the Board, not to exceed $7500.00, to prepare an amended Land Use Plan in accordance with their proposal dated July 20, 2007, a copy of which is attached hereto.

2.        This contract is awarded without competitive bidding as a “Professional Service” under the provisions of the local Public Contracts Law because planning services are rendered by persons authorized by law to practice a recognized profession.

3.        A copy of this resolution shall be published in the official newspaper as designated by the Township Council as required by law.

4.        This resolution shall take effect immediately.


                The undersigned does hereby certify 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 8/1/07.


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


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







Attorney Bernd Hefele represented the applicant.  He stated this application is for a minor site plan for property on Mt. Arlington Blvd.  It has been operating as a single store.  The building has been divided in half.  One half of the building is currently vacant and we want to put a dance studio in that half.  The other half would be continued as a convenience store.  The store and parking spaces takes up 98% of the property.  There are 2 parking spaces, and we need a design waiver with regard to parking. 


Elizabeth Johnson was sworn in.


Ketul Shah was sworn in. 


Ms. Johnson said she is the owner of Generations of Dance.  She said they train dancers.  They have a small following of dancers that they train to go onto competition and into shows and other fields.  It is a small base of students.  I have been in the business for about 20 years.  Most of the students come from this area.  Regarding parking requirements, we anticipate having no more than 12 to 14 students at any one time.  There are more registered, but they come at different times.  There are no students over the age of 15 right now.  None of them drive. There are two teachers, and usually there is only one of us there.  Many of the students are siblings.  Students are dropped off about 5 minutes before class.  They usually stay for 3 or 3 ½ hours and are picked up after class.  We also have car pools.  Shows are held in other places.  There is no parent observation.  The property has 22 parking spaces, some of which are used by the convenience store.  I feel there is sufficient parking.  The most we would have at any one time are 7 or 8 cars.  Class schedules have been reworked so that the classes are staggered on the quarter and half-hour.  Regarding noise, in the classroom, the music is not too loud so that the instructor can be heard.  People in the convenience store may be able to hear some tap shoes at times, but that is only in the building.  The business does not require any deliveries except when the space is being built.


Mr. Rilee said there can be a back up of parents picking up and dropping off.  How many students are in a typical class?


Mr. Johnson said 6 or 7.  Our students are being trained for competition, so the classes are not large.  We currently have 12 registered students. 


Mr. Rilee said the website says there are aerobics classes.


Mr. Johnson said we don’t have the classes now, but we might have one in the mornings.  Currently we don’t have the aerobics class.


Mr. Bautz said what we are more concerned about is the potential growth of the business. 


Ms. Johnson said if it grows too much, I would have to move to another location.  The business is just starting off.  We have 4 rooms, and there would be only 5 to 6 students in a room.


Mr. Hefele said there are only 22 parking spaces on the site.  It is a prior nonconformity.  This convenience store doesn’t get much business and only has about 4 or 5 cars there at any one time.  I think this use would work out well here.  This property has been trying to find a tenant for a long time.


Mr. Meyer said I am also concerned about the safety of children in this location.


Mr. Rilee said it is a preexisting condition, but the property needs to be cleaned up.  It is in the middle of a residential area, and it is in horrible condition.  I think if we were to grant relief, I would like to see significant improvement to the property.


Mr. Shah stated he purchased the property in 2004 and operates the convenience store.  We have been trying to get a tenant for the other side.  The convenience store customers use about 4 or 5 cars at any one time and only stay about 5 or 10 minutes, or less. 


Mr. Hefele said there is a report from Mr. Stern and he recommends some site improvements.  We are in agreement with all the recommendations.


-parking stalls will be restriped and parking depressions will be rectified.

-handicap spaces will be striped and signed

-wheel stops will be installed

-ramp at building entrance will be repaired

-trash enclosure will be repaired and rebuilt

-debris will be cleaned up

-lighting will be concealed source “shoebox” fixture

-building will be repainted and façade will be repaired

-parking space closest to Mount Arlington Blvd/Rogers Drive intersection will be eliminated and striped with yellow striping as a “no parking” area


Mr. Germinario asked about the access for the convenience store to the loading dock.


Mr. Shah said we never use the back door.  All deliveries come in the front door.


Ms. Johnson said she will not be using that area either.  She gets no deliveries. 


Mr. Bautz asked what happens to the snow.


Mr. Shah said they push the snow against the wall.  We could put it in front of the loading dock.


Ms. Johnson said her business closes during snow.


Mr. Stern asked if there is any proposal for a wall sign.


Ms. Johnson said she doesn’t need a wall sign.  She would probably have a window sign.


Mr. Stern said regarding the Krauser’s sign, end panels are required to box it out.


Mr. Shah agreed to box it in.


Mr. Rilee suggested decorative masonry block on the trash enclosure.


Mr. Shah agreed.


Mr. Ferriero went over his report dated 7/27/07.  He said the issue is parking .  They have agreed to put gaps between the classes.  Is it appropriate to have any of the class sizes and numbers of students testified to as part of the conditions of the approval?


Ms. Johnson said for the amount of space, there is not enough room to put more people.  Each room is very small.


Mr. Ferriero said a condition that limits it would be important.


Mr. Behrens asked if the parking spaces will be marked for which business can use which spaces.


Mr. Stern said he doesn’t think the convenience store would appreciate designated parking areas for the dance studio.  That would affect his business.


Ms. Johnson said the maximum number of teachers for this site in the future would probably be 3, and the maximum number of students would be 15.


Mr. Stern asked about the hours of operation.


Ms. Johnson said they are usually 4:15 to 8:45 or 9:00 p.m.  There is a class on a Wednesday at 12:15 and 1:15.  On Saturday, there are classes at 10 a.m., 11 a.m. and 12 noon.  There are no classes on Sunday.


Mr. Ferriero said the applicant has stated the maximum number of people who would be in the studio is 20.


Mr. Rilee said it should also be noted on the plans that the garage area won’t be used for classes.


After discussion, the applicant agreed to the conditions that there be no more than 20 students and 3 instructors at any one time; garage area not be used as dance area; class times to be staggered to begin at least 15 minutes after the end of the earlier class; no parties or recitals to be held on site.




Angela Fallat, 11 Silver Springs Drive stepped forward.  Will there be someone answering phones?


Mr. Johnson said, yes, it would be my partner’s mother and she would arrive with my partner.  We take bookkeeping home with us.


Ms. Fallat asked if they will sell dance products.


Ms. Johnson said no.  There will be no deliveries.


Gail Robortaccio, 10 Rogers Drive, stepped forward.  She asked if there will be a time line on the improvements being done to the business.


Ms. Johnson said all improvements will be done prior to the dance studio opening.


Mr. Germinario stated the sale of dance products and clothing will be prohibited in the resolution.


Mr. Stern stated we will need to see a design of the façade and split face block


It was determined lighting, block and gate details will be submitted to Mr. Stern for approval.  Any approval will be effective tonight so that building permits can be drawn before memorialization


Mr. Bautz made a motion to approve the application subject to the items agreed to.  Mr. Rilee seconded.


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


The meeting was adjourned by motion at 9:00 p.m.


                                                            Dolores A. DeMasi, Board Secretary