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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 the salute to the Flag, the Chairman read the “Open Public Meetings Act.”


BOARD MEMBERS PRESENT: Scott Meyer, Larry Sweeney, Charles Bautz, Linda Lutz,, John Ciaramella, Michael Shadiack, Richard Zoschak, Jim Rilee, Robert DeFillippo.


ABSENT: Mr. Schwab, Mr. Alford


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


Also attending:  Eugenia Wiss and Dee Tardive, Zoning Board Secretary


A motion to approve a Resolution to appoint Eugenia Wiss as Secretary to the Planning Board was made by Mr. Rilee, seconded by Mr. Bautz.


Roll call as follows: Mr. Sweeney, yes; Mr. Bautz, yes; Mrs. Lutz, yes; Mr. Ciaramella, yes; Mr. Shadiack, yes; Mr. Zoschak, yes; Mr. Rilee, yes; Mr. DeFillippo, yes 




PBA-08-017 – Sylway Properties – Block 6803, Lot 5, 95 North Dell Avenue

Major Soil Moving Permit for Dell Ave in the I-10 zone.  Lawrence S. Berger, Esq. represented Sylway Properties.  They are moving soil through Mr. Petillo’s property to the township park property on North Dell Avenue.  They are asking for a waiver of the Soil Movement Fee and Bond because they will not be using municipal roads to move the soil.  Mr. Ferriero wanted clarification on the amount of soil involved.  Mr. Petillo was sworn in and clarified the amount of soil that will be moved.  They are putting in three baseball diamonds and need to fill in a large depression and reconfigure a parking lot and the soil will be used to grade this area.  Mr. Petillo’s property is across the street.


After Mr. Germinario explained the Board’s authority on waiving the Bond, it was decided that the Board can waive the Bond at its discretion.  The Board could also waive the application fee.


A motion to waive the application fee and bond was made by Mr. Bautz, seconded by Mr. Sweeney.


Roll call as follows: Mr. Meyer – yes, Mr. Sweeney, yes; Mr. Bautz, yes; Mrs. Lutz, yes; Mr. Ciaramella, yes; Mr. Shadiack, yes; Mr. Zoschak, yes; Mr. Rilee, yes; Mr. DeFillipo, yes


PBA-08-015 – Dwight Cooke – Block 3801, Lot 70, 53 Main Street, Succasunna

Preliminary major site plan on Main St., in the B-1A zone.   Jennifer Herbert, Mr. Cooke’s daughter, who has authorization by her parents to make the application, was sworn in and David Clark of Suburban Engineering was qualified.  Mr. Clark said the property was the corner of Kenvil Avenue and Main Street.  The present use is an accounting office and the prior use was a residence.  This is a split level with offices on each level and the purpose of this application was to provide adequate and safe parking for the existing business.  Currently, there are three dirt parking places and a paved driveway and they have to back out onto Main Street in order to exit.  There exists minimal landscaping.  This property is in the B-1A zone and the adjacent property is in an R-4 and B-1A zone and improved with a vacant single-family home and a two-family house.  The required parking according the Ordinance was eight spaces, the current design shows 5 spaces including an ADA space and accessibility.  No outside changes are proposed except moving the parking area and landscaping. 


The property is in the historic district and there is a plan for this area.  They were aware of the plan and are proposing some curbing and will consider sidewalks along Main Street.  It would be a financial burden for the applicant to comply completely with the Main Street Plan.  A front walk was suggested to access the entrance from the sidewalk.   There was concern about the street parking during their busy season because of sight distance issues.  They do have an office space that is handicap accessible.  There are four employees during the busy season and from May to the end of January there are two people working there.  Mr. Stern wanted the vehicles off the road and there was a potential for six spaces.


With regard to Mr. Stern’s report of September 26, 2008, Mr. Clark agreed the recycling would be screened by landscaping.  The applicant will not be providing revised architectural plans.  The applicant cannot comply with the Main Street light requirements because of the cost.  Mr. Ferriero said a lighting plan must comply with the Ordinance but they can ask for a waiver of this.


Mr. Stern said there were a number of ordinances that the applicant did not comply with: the parking, buffer and were asking for several waivers as per his report.  The proposed sign was small and a photo was submitted and marked Exhibit A-1 and he suggested lifting it with higher posts. 


Mr. Clark felt he could provide an additional parking space, they are proposing street trees on Main Street to try and comply with the Main Street Plan and will do significant landscaping along the property lines.  They will work with Mr. Stern on this.  They will not provide curbing along Kenvil Avenue because there is none on the remainder of Kenvil Avenue and this is a County issue.  They will consider sidewalks on Kenvil. 


It was suggested that the applicant whittle down some of the outstanding issues with the Engineer and Mr. Stern and determine what real issues will remain.  It was emphasized that this is an area that encourages pedestrian traffic. 


This matter will be carried to the November 5, 2008 meeting with no further notice.  The applicant agreed to grant any necessary extensions to the end of November.


PBA-08-013 – Kyecoplaza Roxbury– Block 2704, Lot 11, 659 Route 46, Kenvil

Preliminary site plan for retail building on Berkshire Valley Rd./Rt. 46, in the B-2 Zone.

Richard Stein, Esq. represented the applicant and Engineer Thomas Knutelsky had previously been qualified.  Colored architectural plans had been submitted per the Board’s request.  He addressed the Planner’s report dated August 1, 2008 and had spoken to Mr. Stern and would address specific comments.  Comments 1-7 had been addressed in prior testimony, items 8-13 are related to the architectural aspect of the project and further architectural revision will be addressed with Mr. Stern, any major changes would be brought back before the Board. The trash containers will be assessable by garbage trucks, the trash enclosure he felt was sufficient and no trash compactor is proposed.  They could pickup twice a week if necessary.  They do not know who their tenants will be and will adapt the recycling needs to the tenant. They will provide a 7’ wall for trash enclosures.  Delivery will be off peak and the hours of operation will meet the Ordinance’s standards.  There is one loading area for two of the tenants and another for the third tenant.  The access was discussed and the hours of delivery will be restricted, 7 a.m. and no later than 8 p.m., 8 a.m. on Saturdays. 


They have provided 94 parking spaces.  With regard to the proposed monument sign they would like to raise the sign two feet so they can landscape in front of it.  The total height would be 12’5”, the sign area would remain the same, 68.5 sf., 18” wide and they request a variance for the width. Other items in the report had been previously agreed with.


Mr. Stern recapped what had previously been agreed to.  The refrigerator screen will be removed if not needed by the tenants and if not, it will be repaired.  There will be only three tenants.  There will be additional landscape screening.


They could comply with the comments of Mr. Ferriero’s report of August 27, 2008.  The hours of operation would be 7 a.m. to 10 p.m. and will conform to the Ordinance.


A condition of approval will be that Mr. Stern works with the applicant on architectural design.  The Board felt this was a great improvement from what was there.  The applicant could give no more information on what tenants would occupy the building but the use will be what is allowed in the Zoning Ordinance.  If two tenants only occupy the space, that would not be a problem.  If possible the building design should be updated, made more traditional and be complementary to the building across the street.  Approval will be conditioned on Mr. Stern’s approval of the design.


A motion to approve the application contingent upon items agreed to that fall under Mr. Stern’s purview and if there are any differences, they will be back before the Board was made by Mr. Rilee, seconded by Mr. Bautz.


Roll call as follows: Mr. Riley –yes, Mr. Bautz – yes, Mr. Sweeney – yes, Mrs. Lutz –yes, Mr. DeFillippo – yes, Mr. Meyer - yes




There was a discussion on Mr. Santoro’s letter


This meeting was adjourned by Motion at 9:25 p.m




Eugenia Wiss, Planning Board Secretary