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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 Vice Chairman Larry Sweeney presiding.  After a salute to the Flag, the Vice Chairman read the “Open Public Meetings Act”.

 

BOARD MEMBERS PRESENT:  Larry Sweeney, Gary Behrens, Richard Zoschak, Joseph Schwab, Michael Shadiack, Jim Rilee, Theresa DeVincentis. 

 

ABSENT:  Scott Meyer, Steven Alford, Charles Bautz, Lisa Voyce.

 

PROFESSIONAL STAFF PRESENT:  Tom Germinario, Russell Stern.

 

Also present:  Dolores DeMasi, Board Secretary.

 

 

RESOLUTIONS

 

S-18-05 – KIDDIE ACADEMY – FINAL SITE PLAN FOR DAYCARE LOCATED ON RT. 206, BLOCK 9201, LOT 3 IN B1/A ZONE

 

                                               ROXBURY TOWNSHIP PLANNING BOARD

                                                                   RESOLUTION OF MEMORIALIZATION

 

Approved:  August 3, 2005

 Memorialized:  September 21, 2005

 

IN THE MATTER OF MT. OLIVE PROPERTIES, LLC T/A KIDDIE ACADEMY

FINAL SITE PLAN APPROVAL

BLOCK 9201, LOT 3

APPLICATION NO. S-18-05

 

WHEREAS, Mt. Olive Properties, LLC T/A Kiddie Academy (hereinafter known as the "Applicant") applied to the Roxbury Township Planning Board (hereinafter known as the "Planning Board") for final site plan approval on 5/26/05; and

 

WHEREAS, the application was deemed complete on 8/3/05; and

 

WHEREAS, public hearings were held on 7/6/05 and 8/3/05, no notice being required, at which time the Planning Board rendered its decision on the application; and

 

WHEREAS, it being determined that the Applicant has complied with all of the rules, regulations and requirements of the Roxbury Township Land Development Ordinance and that all of the required provisions of the compliance have been filed with the Planning Board; and

 

WHEREAS, the Planning Board has made the following findings and conclusions based upon the testimony and documentary evidence produced by the Applicant and by the Planning Board staff:

 

1.  The subject property consists of 58,919 square feet (1.353 acres) located in the B-1/A Limited Business District.  By Resolution memorialized 4/9/03, the Board granted preliminary site plan approval for a 8,830 square foot 2-story child care center.  The Applicant is now before the Board seeking final site plan approval.

 

2.  In support of its application, the Applicant submitted final site plans consisting of 5 sheets prepared by Chester, Ploussas, Lisowsky bearing a revision date of 6/15/05.  The Applicant also submitted revised Supplemental Landscape Plan prepared by Chester, Ploussas, Lisowsky dated 7/21/05.  Reports concerning the application were submitted by the Township Planner, Russell Stern, dated 6/27/05 and by the Planning Board Engineer, Thomas Bodolsky, dated 6/27/05.  A report dated 8/3/05 was issued by the Township Health Department.

 

3.  At the public hearing of 7/6/05, the Applicant was represented by Joel Kobert, Esq.  The Applicant indicated it would supplement its landscaping to mitigate the removal of 3 street trees (contrary to the preliminary approval and the tree removal permit) and to screen the PVC fence (also inconsistent with the preliminary approval).  There was discussion of modifying the fence to make it more consistent with the approved configuration.  Mr. Bodolsky requested input from the Health Department regarding the proximity of a 4-foot retaining wall to the septic field.

 

4.  At the public hearing of 8/3/05, the Applicant was again represented by Joel Kobert, Esq.  Tom McGrath, the Applicant’s engineer, introduced as Exhibit A-1 a colored rendering of the Supplemental Landscape Plan and described the additional landscaping installed.  He testified that the PVC fencing around the septic field had been removed, and the Health Department had inspected and approved the septic field.  The Applicant agreed to replace dead plant material prior to Certificate of Occupancy, and to replace any plant material that dies after Certificate of Occupancy by 10/3/05.  Although the front fence still does not conform to the preliminary plan, Mr. Stern agreed that the new design is aesthetically acceptable with the supplemental plantings.  The Board also approved the installed metal monument sign, instead of the brick/stucco design previously approved.  The Applicant agreed to perform all outstanding items identified in the professionals’ reports prior to Certificate of Occupancy.

 

The Chairman then opened the hearing to public comments, and there being none closed the public portion of the meeting.  A motion was made to conditionally approve the application, effective immediately, based on the recommendations contained in the reports of Messrs. Stern and Bodolsky, as modified and supplemented in the course of the hearings, which motion was duly seconded and favorably acted upon.

 

NOW, THEREFORE, BE IT RESOLVED, that the Planning Board does hereby approve the final site plan as described in the drawings referenced hereinabove.

 

This approval is subject to the following terms and conditions, which shall, unless otherwise stated, be satisfied prior to the issuance of a Certificate of Occupancy:

 

                                1.  Removal of the 28”, 22” and 18” Maples constitutes a violation of the tree removal permit.  The permit shall be amended and additional replacement trees provided.

 

                                2.  All chain link fence within public view shall be replaced with black vinyl clad posts, rails and mesh as was depicted on the approved preliminary site plan.

 

                                3.  The trash enclosure was constructed with slatted chain link fence in violation of the Planning Board approval.  A board-on-board or solid fenced enclosure as shown on the approved plans shall be provided.

 

                                4.  Window shutters shall be provided on the front façade as was represented to the Board during the preliminary site plan hearings.

 

                                5.  Wallpack lights along the northerly and southerly building elevations are in violation of the Township ordinance and shall be replaced with conforming “shoebox” type fixtures.

 

                                6.  Sonotube shall be removed from all concrete light foundations.

 

                                7.  The area along the gas and electric meters as well as a large ventilation fan located along the southerly building elevation shall be landscaped to the satisfaction of the Township Planner.

 

                                8.  Sidewalk was extended along the northerly building elevation and was approved by the Township Engineer.  Landscaping shall be provided between sidewalk and building.

 

                                9.  Silt fence along Route 206 shall be removed.

 

                                10.  On-site and off-site grading to the north shall be topsoiled and seeded.

 

                                11.  Fence connecting to the southerly building elevation shall be completed.

 

                                12.  A handicap “van accessible” sign shall be installed.

 

                                13.  Existing trees in the vicinity of the northerly property line appear to have been filled above the base of tree.  This area shall be brought back to the original grade.

 

                                14.  The following conditions from the preliminary site plan resolution are reiterated for final site plans:

 

Condition 1 – Applicant shall dedicate to the Township a conservation easement precluding disturbance of natural topography and/or vegetation for the entire portion of the site west of the westerly retaining wall.  A deed of dedication shall be prepared by the Applicant’s attorney and reviewed by the Board’s attorney and the Township attorney.

 

Condition 2 – There shall be no tractor-trailer deliveries to the site.

 

Condition 3 – In the event that the site is given an allocation for Township water service,  Applicant shall extend a waterline along Route 206 to serve the site.

 

Condition 17 – Pursuant to Section 13-7.829, the Applicant shall pay a mandatory development fee equal to one percent (1.0%) 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.

 

Condition 18 - 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.

 

Condition 19 - Applicant shall submit annual recycling tonnage reports to the Municipal Recycling Coordinator.

 

Condition 20 - Applicant shall meet with the Municipal Recycling Coordinator to review all recycling requirements.

 

Condition 22 - 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.

 

Condition 23 - Applicant has agreed to recycle used fluorescent bulbs, mercury switches thermostats and ballast from the site.

 

Condition 26 – This approval is subject to the payment of all appropriate fees and taxes.

 

15.  All dead plant material shall be replaced prior to issuance of a Certificate of Occupancy.  Plant material which dies after Certificate of Occupancy issuance shall also be replaced by 10/3/05.

 

16.  Construction of the play area shall be completed.

 

17.  An amended Landscape Plan incorporating corrections required by the Township Planner shall be submitted.  All landscaping depicted on the amended Landscape Plan shall be installed prior to issuance of a Certificate of Occupancy.

 

18.  Applicant shall locate the toe of fill North of the PVC fence.  If grading has extended beyond the property line, it shall be pulled back.

 

19.  A water storage tank is indicated off of the rear left corner of the building.  This was not shown on the original plans.  Details shall be provided.

 

20.  The Applicant shall submit evidence that the “variable width easement” associated with the driveway of Lot 4 has been granted.

 

21.  The light along the southerly boundary shall be shielded to prevent light spill-over above permissible levels of 0.3 fc.

 

22.  This approval is subject to the payment of all appropriate fees and taxes.

 

23.  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 action taken by the Planning Board at its regular meeting of September 21, 2005.

 

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

 

Roll as follows:  Mr. Rilee, yes; Mr. Behrens, yes; Mr. Zoschak, abstain; Mr. Shadiack, yes; Ms. DeVincentis, yes; Mr. Sweeney, yes.

 

S-23-05 – ROXBURY 2002 LLC – AMENDED SITE AND SOIL APPLICATION FOR PROPERTY LOCATED ON RT. 46, BLOCK 9501, LOT 9 IN LI/OR ZONE

 

                                               ROXBURY TOWNSHIP PLANNING BOARD

                                                                   RESOLUTION OF MEMORIALIZATION

 

Approved:  August 3, 2005

 Memorialized:  September 21, 2005

 

IN THE MATTER OF ROXBURY 2002, LLC/GEMINI ELECTRONICS

AMENDED PRELIMINARY MAJOR SITE PLAN APPROVAL

BLOCK 9501, LOT 9

APPLICATION NO. S-23-05

 

WHEREAS, Roxbury 2002, LLC/Gemini Electronics (hereinafter known as the "Applicant") applied to the Roxbury Township Planning Board (hereinafter known as the "Planning Board") for amended preliminary major site plan approval on 7/21/05; and

 

WHEREAS, the application was deemed complete on 8/3/05; and

 

WHEREAS, a public hearings was held on 8/3/05, notice being required, at which time the Planning Board rendered its decision on the application; and

 

WHEREAS, it being determined that the Applicant has complied with all of the rules, regulations and requirements of the Roxbury Township Land Development Ordinance and that all of the required provisions of the compliance have been filed with the Planning Board; and

 

WHEREAS, the Planning Board has made the following findings and conclusions based upon the testimony and documentary evidence produced by the Applicant and by the Planning Board staff:

 

1.  The subject property consists of 72.79 acres located predominantly in the LI/OR District.  On August 25, 2004, the Applicant received preliminary major site plan approval for a 350,134 square foot (sf) addition to the existing 233,627 square foot building (memorialized 10/6/04).  Pursuant to an amended preliminary site plan approved 11/3/04 (memorialized 12/1/04) the total building area was reduced to 566,874 sf.  The Applicant is now before the Board seeking to defer compliance with certain conditions of the preliminary site plan approval until approval of the final site plan.

 

2.  In support of its application, the Applicant submitted a letter from Grayson B. Murray, P.E., dated 7/6/05. 

3.  At the public hearing of 8/3/05, the Applicant was represented by Paul R. Nusbaum, Esq.  With respect to Condition A of the preliminary Resolution, Mr. Nusbaum explained that the Applicant has excluded two strips of the property from the Conservation Easement due to utility and access easements held by third parties.  Mr. Germinario directed that the Conservation Easement include these areas, subject to the easement rights of said third parties.  It was agreed that the revised Conservation Easement would be filed prior to final site plan approval.

 

With respect to Condition #78, Mr. Nusbaum stated that the operation and maintenance manual for Basin #2 has already been reviewed and approved by NJDEP, and ask that Applicant not be required to repeat that lengthy process.  Mr. Bodolsky directed that the Applicant simply add an addendum to the manual applicable only to the Township’s requirements, and it was agreed that this would be done prior to final site plan approval.

 

Applicant requested that determination of its off-tract contribution pursuant to Condition #106 also be deferred until prior to final approval.  The Board agreed, subject to Applicant’s acknowledgement of the risk that the amount of the contribution might exceed their expectations.

 

Mr. Nusbaum also requested that the requirement of a NJDOT permit for the access driveway on Route 46 be deferred until 9/1/05 and not delay site construction in the interim.  He introduced as Exhibit A-1 a letter from Steven Cohen of NJDOT dated 8/1/05 indicating that the Department anticipates issuing the access permit within the next 30 days.  The Board agreed to this request.

 

The Board also agreed that the Applicant could apply for building permits pertaining to footings and foundations prior to fulfilling all other outstanding conditions of the preliminary approval.

 

The Chairman then opened the hearing to public comments, and there being none closed the public portion of the meeting.  A motion was made to conditionally approve the application effective immediately.

 

NOW, THEREFORE, BE IT RESOLVED, that the Planning Board does hereby approve the following amendments to the conditions of the preliminary major site plan approval Resolution memorialized 10/6/04:

 

1.  Condition A is modified to allow filing of the Conservation Easement prior to final site plan approval.  The Conservation Easement shall state that, with respect to the areas of utility and access easements held by third parties, the grant of a Conservation Easement by the Applicant is subject to the rights of said easement holders.

 

2.  Condition #78 is modified to defer review by the Board Engineer of the operation and maintenance manual for Basin #2 to before final site plan approval.  The requirements of Condition #78 may be met by adding a Township-specific addendum to the manual already approved by NJDEP.

 

3.  Condition #106 is modified to defer determination of Applicant’s off-tract contribution until prior to final site plan approval.

 

4.  Condition #114 is modified to defer the requirement of an NJDOT permit for the access driveway on Route 46 for 30 days, until 9/1/05.

 

5.  Applicant shall be permitted to apply for building permits with respect to footings and foundations prior to compliance with all other Resolution conditions.

 

The undersigned does hereby certify that the foregoing is a true copy of the action taken by the Planning Board at its regular meeting of 8/3/05.

 

 

 

ROXBURY TOWNSHIP PLANNING BOARD

                                                                 MAJOR SOIL REMOVAL/RELOCATION

PERMIT MODIFICATION

 

Pursuant to Chapter XVII of the General Ordinances of the Township of Roxbury, Article 17-1 et seq. (the "Ordinance), the Roxbury Township Planning Board (the "Board"), having conducted a public hearing pursuant to the Ordinance, does hereby grant to the Applicant identified herein a modification of its Major Soil Permit, subject to the terms and conditions enumerated herein below.

 

1.  Applicant/Permittee:  Roxbury 2002

 

2.  Application Number:  S-23-05

 

3.  Property Identification:  Block 9505, Lot 9

 

4.  Subdivision/Site Plan Approval Date(s):  Preliminary Site Plan

    8/25/04-Amended 11/3/04

 

5.  Major Soil Permit Approval Date:  1/19/05, amended 3/16/05

 

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

           

1.  In extending to the Applicant an approval to commence earthwork in advance of fulfilling all conditions of the Resolution of preliminary approval, the Board expressly limits the activities to rough grading to achieve subgrade elevations and certain improvements associated with erosion and sediment control.  No improvements shall be installed pursuant to this advance approval, except the following:

 

(i) Installation of the proposed modular block retaining wall at the toe of slope (southwest corner of the Phase I building) in order to allow expedited construction of appropriate soil erosion and sediment control measures including proposed gabion-lined baskets and stormwater conveyance swales along the top of wall.

 

(ii) Construction of additional storm piping in order to promote soil stability and limit erosion within the upland disturbed areas adjacent to the proposed perimeter roadway.  Specifically the contractor is permitted to continue construction of the pipe runs between the following structures:

 

·         Proposed 6-foot ID manhole #205 and proposed 6x6 B inlet #206

·         Proposed B inlet #207 and proposed 6x6 B inlet #206

·         Proposed B inlet #208 and proposed B inlet #207

·         Proposed 6x6 B inlet #209 and proposed 6x6 B inlet #206

·         Proposed B inlet #210 and proposed 6x6 inlet #209

·         Proposed 6x6 B inlet #211 and proposed 6x6 B inlet #209

·         Proposed B inlet #212 and proposed 6x6 B inlet #211

·         Proposed 6x6 E inlet #214 and proposed 6x6 B inlet #211

·         Proposed storm manhole #214A and proposed 6x6 E inlet #214

·         Proposed 5x5 B inlet #216 and proposed 6x6 E inlet #214

·         Proposed B inlet #217 and proposed 5x5 B inlet #216

·         Proposed 5x5 B inlet #218 and proposed 5x5 B inlet #216

·         Proposed B inlet #219 and proposed 5x5 B inlet #218

·         Proposed 5x5 B inlet #220 and proposed 5x5 B inlet #218

·         Proposed E inlet #223 and proposed 5x5 B inlet #220

·         Proposed B inlet #221 and proposed 5x5 B inlet #220

·         Proposed 260 LF of modular block retaining wall

 

(iii) Installation of landscaping associated with items (i) and (ii) above.

 

Should earthwork progress to the stage that rough grading and the foregoing improvements are completed before all conditions of the Resolution are satisfied, then all earth moving activities shall cease and the site shall receive temporary stabilization as may be directed by the Board Engineer.

 

The undersigned does hereby certify that the foregoing is an accurate recitation of the action taken by the Planning Board on the approval date designated hereinabove.

 

 

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

 

Roll as follows:  Mr. Rilee, yes; Mr. Behrens, yes; Ms. DeVincentis, yes; Mr. Shadiack, yes; Mr. Sweeney, yes.

 

 

 

 

 

 

 

 

 

 

 

S-19-05 – AUTO ZONE – FINAL SITE PLAN FOR AUTO PARTS STORE LOCATED IN LEDGEWOOD SHOPPING CENTER, BLOCK 6501, LOT 2 IN B-3 ZONE

 

                                               ROXBURY TOWNSHIP PLANNING BOARD

                                                                   RESOLUTION OF MEMORIALIZATION

 

Approved:  August 3, 2005

 Memorialized: September 21, 2005

 

IN THE MATTER OF LEDGEWOOD CIRCLE SHOPPING CENTER/AUTO ZONE

PHASE IV FINAL MAJOR SITE PLAN APPROVAL

BLOCK 6502, LOTS 1 and 2

APPLICATION NO. S-19-05

 

WHEREAS, Ledgewood Circle Shopping Center/Auto Zone (hereinafter known as the "Applicant") applied to the Roxbury Township Planning Board (hereinafter known as the "Planning Board") for Phase IV final major site plan approval on August 3,2005; and

 

WHEREAS, the application was deemed complete on 8/3/05; and

 

WHEREAS, public hearings were held on 7/6/05 and 9/7/05, no notice being required, at which time the Planning Board rendered its decision on the application; and

 

WHEREAS, it being determined that the Applicant has not complied with all of the rules, regulations and requirements of the Roxbury Township Land Development Ordinance and that all of the required provisions of the compliance have not been filed with the Planning Board; and

 

WHEREAS, the Planning Board has made the following findings and conclusions based upon the testimony and documentary evidence produced by the Applicant and by the Planning Board staff:

 

1.  The subject property consists of 13.2 acres located in the B-3 Shopping Center District.  On October 10, 2001, the Applicant received preliminary major site plan approval (memorialized 11/7/01) for an expansion and significant upgrade of the existing shopping center.  The approval provided, among other things, for a 7,650 square-foot retail addition to the westerly side of the existing shopping center.  On April 7, 2004, the Applicant received amended preliminary major site plan approval (memorialized May 19, 2004) providing, among other things, that the previously approved 7,650 square foot retail addition will consist of a 7,980 square-foot Auto Zone store, which will constitute Phase IV of the project.  The Applicant is now before the Board seeking final site plan approval for Phase IV.

 

2.  In support of its application, the Applicant submitted final site plans consisting of 6 sheets prepared by SESI Engineers bearing a revision date of 7/25/05.  Reports concerning the application were submitted by the Township Planner, Russell Stern, dated 6/28/05 and by the Planning Board Engineer, Thomas Bodolsky, dated 6/27/05. 

 

3.  At the public hearing of 7/6/05, the Applicant was represented by Paul R. Nusbaum, Esq.  Dalton Bennet, the Applicant’s Regional Manager, testified that he had inspected the site and agreed with assessment of the Board’s professionals that significant safety hazards existed, particularly with regard to the sidewalk.  It was agreed that the Applicant would correct the construction deficiencies and return to the Board after inspection of same.

 

4.  Subsequent public hearings on the application were scheduled by the Board for 8/3/05 and 9/7/05, but the Applicant did not appear and did not grant the Board an extension of time to act on the application.  At the public hearing of 9/7/05, Mr. Stern observed that there had been no activity on the site since the public hearing of 7/6/05.  Mr. Germinario therefore advised the Board that it had no alternative but to deny the application without prejudice.

 

A motion was made to deny the application without prejudice, which motion was duly seconded and favorably acted upon.

 

NOW, THEREFORE, BE IT RESOLVED, that the Planning Board does hereby deny the final site plan application without prejudice.

 

The undersigned does hereby certify that the foregoing is a true copy of the action taken by the Planning Board at its regular meeting of 9/7/05.

 

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

 

Roll as follows:  Mr. Rilee, yes; Mr. Zoschak, yes; Mr. Shadiack, yes; Mr. Behrens, yes; Ms. DeVincentis, yes.

 

S-25-05 – ATKINS – FINAL SITE PLAN FOR RETAIL STORES LOCATED ON HOWARD BLVD. BLOCK 12201, LOT 1.0103 IN OB ZONE

 

                                               ROXBURY TOWNSHIP PLANNING BOARD

                                                                   RESOLUTION OF MEMORIALIZATION

 

Approved:  September 7, 2005

 Memorialized: September 21, 2005

 

IN THE MATTER OF ATKINS MANAGEMENT/ROXBURY COMMONS

PHASE 2 FINAL SITE PLAN APPROVAL

BLOCK 12201, LOTS 1.01 and 1.04

APPLICATION NO. S-25-05

 

WHEREAS, Atkins Management (hereinafter known as the "Applicant") applied to the Roxbury Township Planning Board (hereinafter known as the "Planning Board") for Phase 2 final site plan approval on September 7, 2005; and

 

WHEREAS, the application was deemed complete on 9/7/05; and

 

WHEREAS, a public hearing was held on 9/7/05, no notice being required, at which time the Planning Board rendered its decision on the application; and

 

WHEREAS, it being determined that the Applicant has complied with all of the rules, regulations and requirements of the Roxbury Township Land Development Ordinance and that all of the required provisions of the compliance have been filed with the Planning Board; and

 

WHEREAS, the Planning Board has made the following findings and conclusions based upon the testimony and documentary evidence produced by the Applicant and by the Planning Board staff:

 

1.  The subject property consists of 10.86 acres located in the OB Office Building district and situated north of Route 80 along Howard Boulevard.  By Resolution dated 1/13/99, Applicant received preliminary site plan approval for a hotel/restaurant/retail complex.  The Applicant is now before the Board seeking final site plan approval for Phase 2 of the project, consisting of a 23,200 sq. ft. retail building and associated parking.

 

2.  In support of its application, the Applicant submitted final site plans consisting of 9 sheets prepared by Omland Engineering bearing a revision date of 8/30/05.  Reports concerning the application were submitted by the Township Planner, Russell Stern, dated 9/6/05 and by the Planning Board Engineer, Thomas Bodolsky, dated 9/6/05.

 

3.  At the public hearing of 9/7/05, the Applicant was represented by John Wyciskala, Esq.  In response to the first comment of Mr. Bodolsky’s report of 9/6/05, Mr. Wyciskala produced a copy of the Conservation Easement for the rear portion of the property filed with the Morris County Clerk in Deed Book 5164 Page 149 on 4/14/2000.  With respect to Wall-pak lighting fixtures, the Board agreed to allow such fixtures to remain in the rear building elevation, where they are not visible to the general public, provided that they are fitted with hood to direct the light downward.  Applicant stated that the Wall-pak lights on the easterly elevation, which were not required by the approved plans, would be removed.  With regard to issues concerning the future dumpster location and existing dumpster location north of the hotel, the Board directed that the zoning officer pursue these matters with the hotel owner.  The Applicant agreed to comply with the other recommendations of the Board’s professionals.

 

A motion was made to conditionally approve the application, effective upon adoption, based on the recommendations contained in the reports of Messrs. Stern and Bodolsky, as modified and supplemented in the course of the hearings, which motion was duly seconded and favorably acted upon.

 

NOW, THEREFORE, BE IT RESOLVED, that the Planning Board does hereby approve the final site plan as described in the drawings referenced hereinabove.  In connection with this approval the following variance and design waiver relief is hereby granted.

 

A.  A design waiver is granted from Ordinance Section 13-8.707D to permit Wall-pak lighting fixtures to remain on the rear building elevation for enhanced security and because they are not visible to the public, provided that said fixtures shall be fitted with a modified hood acceptable to the Township Planner.

 

This approval is subject to the following terms and conditions, which shall, unless otherwise stated, be satisfied prior to the issuance of a Certificate of Occupancy:

 

1.  The Applicant’s engineer shall verify that all monuments required along the conservation easement have been installed.  Wood lath shall be placed at each monument for verification.

 

2.  Site elevations, as set forth in the Omland Engineering letter dated 9/7/05, shall be added to the plans, and shall be submitted to the Board Engineer in Autocad format.

 

3.  Condition 17 required Title 39 enforcement of traffic regulations on this site.  The Applicant shall verify that it has requested same from the Police Department.

 

4.  Construction trailer and portable toilet located behind the building shall be removed from the site.

 

5.  Planting islands along the front building elevation were to be edged with raised curb.  Applicant shall use black steel garden edging approved by the Township Planner in lieu of curb.  This work shall be done prior to issuance of the fourth Certificate of Occupancy for Phase 2, but in no event later than 3 months from the date of this approval.

 

6.  Holes along the Howard Boulevard façade shall be covered (location of former Wall-pak lights).

 

7.  The clock on the clock tower shall be reset to the current time.

 

8.  The financing sign along Howard Boulevard shall be removed.

 

9.  A crosswalk connecting the retail Bomanite sidewalk to the Cracker Barrel sidewalk shall be provided (Bomanite originally depicted on the drawings).

 

10.  Wall-pak lights installed along the easterly building elevation shall be removed.

 

11.  Re-stake/guy trees as needed.

 

12.  A missing ‘PY’ along the hotel port cochere shall be installed.

 

13.  Two ‘GT’ flanking the Bomanite center island sidewalk across from the hotel shall be installed.

 

14.  Reseed areas of sparse lawn (Howard Boulevard, northerly area of site, northerly embankment above retaining wall, etc.).

 

15.  Marginal plants shall be replaced.

 

16.  Accent plants along the front building elevation (‘PAL’, ‘BT’) shall be installed.

 

17.  Topsoil and seed tire ruts by truck entrance and topsoil and seed depressions south and southeast building.

 

18.  Install ‘PAL’ along main access drive in the island north of the clock tower.

 

19.  Install missing ‘JC’ by clock tower wall.

 

20.  Replace ‘cut’ evergreen to the west of the building along the Howard Boulevard embankment.

 

21.  Four ‘FP’ northwest of the hotel are in poor condition and should be replaced.

 

22.  The following conditions from the Preliminary Site Plan Resolution (memorialized 1/13/99) are reiterated:

 

Condition 10 – Drive-through restaurant facilities are prohibited on the site pursuant to Ordinance Section 13-7.3510.A.1.

 

Condition 16 – Pursuant to Ordinance Section 13-7.3510.A.25, no outdoor dining or food service is permitted on the site.

 

Condition 17 – The site will be under the jurisdiction of New Jersey Statutes Title 39 in accordance with Ordinance Section 13-7.3510.A.29.

 

Condition 18 – Commercial trucks with an AASHTO designation of WB-40 or larger are prohibited on the site except for deliveries and during construction in accordance with Ordinance Section 13-7.3510.A.29.  Such regulation will be enforced under Title 39.

 

Condition 20 – 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.

 

Condition 26 – All three driveways along Howard Boulevard shall be posted with signage prohibiting commercial trucks with AASHTO designation of WB-40 or larger.

 

Condition 28 – The Applicant shall pay their fair share of off-tract and off-site improvements as determined by the Township Engineer pursuant to Ordinance Sections 13-4.6 and 13-4.7.

 

Condition 29 – Pursuant to Ordinance Section 13-7.829, the Applicant shall pay a mandatory development fee equal to 1% of the total equalized assessed valuation of the development.  50% of the total mandatory development fee shall be paid prior to the issuance of a building permit, and the remaining portion shall be paid prior to a certificate of occupancy.

 

Condition 30 – Pursuant to Ordinance Section 13-8.911.1F, window signs in the retail space shall be limited to a period not in excess of 20 days, and all such signs individually or collectively shall not exceed 30% of the available of the window space on which the signs are located.

 

Condition 33 – The Applicant has agreed to recycle used fluorescent bulbs and ballast from the site, and to utilize Best Management Practices in the application of fertilizers.

 

Condition 81 -  Applicant shall recycle all mandated material as required by the Morris County Solid Waste Management Plan.

 

23.  This approval is subject to the payment of all appropriate fees and taxes.

 

24.  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 action taken by the Planning Board at its regular meeting of 9/7/05.

 

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

 

Roll as follows:  Mr. Rilee, yes; Mr. Zoschak, yes; Mr. Shadiack, yes; Mr. Behrens, yes; Ms. DeVincentis, yes.

 

COMPLETENESS

 

DiDomenico – subdivision for 2 lots located on Main St./Center St., Landing

 

Mr. Stern said there is one waiver request, as sidewalks are not proposed.  The staff recommends it be deemed complete, with waivers for completeness only.

 

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

 

Roll as follows:  Mr. Rilee, yes; Mr. Behrens, yes; Ms. Schwab, yes; Mr. Zoschak, yes; Mr. Shadiack, yes; Ms. DeVincentis, yes; Mr. Sweeney, yes.

 

The application was scheduled for 10/19/05.

 

Mr. Sweeney announced discussion on Roxbury 2002 LLC has been withdrawn; Application S-19-05, Auto Zone, will not be heard and is carried to 10/5/05; Application M-5-05, Ralzone will not be heard and is carried to 10/19/05.

 

 

AGENDA

 

S-26-05 – BK OF ROXBURY – CONCEPT FOR BURGER KING LOCATED ON RT. 10, BLOCK 3601, LOT 3 IN B-2 ZONE

 

Attorney David Soloway represented the applicant. 

 

William Page, engineer for the applicant, and Eli Dweck, a principal of the applicant were present.

 

Mr. Soloway said this is a proposal for a new Burger King restaurant to replace the existing one on Route 10.  It will be about 2,300 sq. ft. with a 500 foot enclosed playground in front.  The buildings will also include a 6,500 sq. ft. retail component.  The two sections will be joined by a structural canopy. 

 

William Page referred to a conceptual rendering which he distributed to the Board members along with a reduced copy of the site plan.  He said the proposal is that the Burger King will be on the north side of the property.  The playground will be in the front. And the drive-through will go in between the retail area and Burger King.  We will have 45 parking spaces for Burger King, 29 spaces for the retail area, for a total of 75 parking spaces.  We tried to not encroach any further into the wooded area in the back of the property.  We are not proposing to cut down any of the trees in the back.  We are adding more parking spaces.  Presently there are 65 spaces.  We do have a walkway connecting the Burger King and retail for anyone parked on the north side of the site.   We tried to do it with enough offset so the motorists and pedestrians can see each other. We can move it farther away from the building if it becomes a safety issue.  Parking is on both sides of each building.  Additional parking is in the back.  We provide a loading dock in back of the retail building.  Impervious coverage is currently 54% and we propose 58.2 percent.  60% is permitted by code.  We would put in some detention, but would put in storm scepters. 

 

Mr. Zoschak asked what variances will be required.

 

Mr. Stern said variances are required for residential buffer.  Also, there is a buffer required from the PO/R District to a traffic aisle of 35 feet.  There is also a requirement for parking setbacks and traffic isle setbacks.  Technically this configuration is adjoining the building, and that will be a variance.  The elevation appears to look like a car wash/quick lube facility.   We are looking to upgrade the facilities in the areas from a landscape and architectural perspective.  There is also a design waiver as no parking, driveways, etc. are allowed within 20 feet of a roadway.  Parking cannot be closer than 10 feet to a side property line.   5 feet is shown on two sides.  There is a requirement for end islands.  The loading area is much larger at 15 x 60.  There is a provision for stormwater management.  That will have to be addressed.  The playground area would require variance relief as it would be an accessory structure.  It was mentioned that it would be enclosed.  Sight triangles are also a concern.  Visually, I have a big concern about this. 

 

Mr. Rilee said we don’t normally grant that many variances.  I would be very concerned with the side yard setbacks.  I believe the drive-through should have a bypass lane.  Based on what was pointed out by the planner, I think this proposal is very aggressive for the site.

 

Mr. Zoschak said he would like the Planning Board Engineer’s view on the stormwater management on the site.

 

Mr. Sweeney agreed it is very aggressive, and he doesn’t feel the site can handle it as configured.

 

Ms. DeVincentis agreed, and said crossing the drive-through lane to get to the retail area is a big concern as a safety issue.

 

Mr. Germinario asked what is the nature of the retail use.

 

Mr. Soloway said it is not yet known.  There would be no relationship between the Burger King and the retail use.  The site will be under common ownership.  The landlord will be the management company.  The site maintenance, etc. will be under their responsibility.

 

Mr. Stern asked if the applicant has thought about rear entrances for the retail use.

 

Mr. Zoschak asked if there is any smoke suppression system for the new units.

 

Mr. Dweck said yes.

 

Ms. DeVincentis suggested getting rid of the drive-through.

 

Mr. Soloway said 70% of the customers use the drive-through.

 

Mr. Rilee said there are too many factors to deal with here, and too many variances.

 

The Board members suggested the applicant discuss any changes to the proposal with Mr. Stern and the staff.

 

Ms. DeMasi announced the next meeting on 10/5/05 will start at 7:00 p.m.

 

Mr. Stern said at the next hearing we will be discussing the Housing Element and Fair Share Plan and the Build Out Analysis.

 

The meeting was adjourned by motion at 8:05 p.m.

 

                                                            Dolores A. DeMasi, Secretary

 

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