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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
BOARD MEMBERS PRESENT: Scott Meyer, Larry
Sweeney, Charles Bautz, Linda Lutz class 2 member, John Ciaramella, Richard
Zoschak, Joseph Schwab, Robert DeFillippo. Michael Shadiack arrived at 8:05
ABSENT: Steven Alford, Jim Rilee
PROFESSIONAL STAFF PRESENT: Tom Germinario,
Esq., Russell Stern, P.P., Paul Ferriero, P.E. & Dolores DeMasi, Board Secretary
Mr. Meyer welcomed Linda Lutz as a Class 2 Board
member and Environmental Commission liaison.
PBA-08-0011-KBC PROPERTIES – SOIL
APPLICATION FOR PROPERTY LOCATED ON RT. 10, BLOCK 1905, LOT 11 IN B-2 ZONE.
ROXBURY TOWNSHIP PLANNING BOARD
SOIL REMOVAL/RELOCATION PERMIT
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 with public notice
pursuant to the Ordinance, does hereby grant to the Applicant identified herein
a Major Soil Permit, subject to the terms and conditions enumerated herein
1. Applicant/Permittee: KBC Properties,
3. Property Identification: Block 1905,
Lots 11 and 13
4. Subdivision/Site Plan Approval Date(s):
Preliminary Major Site Plan 7/11/07
5. Major Soil Permit Approval Date:
6. Effective Date: 6/4/08
7. Findings of Fact:
Board has received an Application consistent with the requirements of Ordinance
Section 17-6, and the Applicant has paid the application fee pursuant to
Ordinance Section 17-7.1.
of adequate notice of this Application, pursuant to Ordinance Section 17-6.5,
has been furnished to the Board.
public hearing was conducted, in accordance with the Ordinance, and with
opportunity for comment by interested members of the public, on the following
granting this Permit, the Board has considered the factors enumerated in
Section 17-6.6 of the Ordinance. The Board has received and considered the
following documents in connection with this Application: (1) soil moving application
dated 8/18/06; (2) reports of the Planning Board Engineer, Paul Ferriero, PE,
Board has made the following additional findings of fact:
Applicant intends to import 3,860 cubic yards (c.y.) of soil.
Applicant proposes to relocate within the site 0 c.y. of soil.
Applicant intends to obtain fill from outside the Township.
route of truck travel to Applicant's site from the borrow site will be: Route
15 South to Route 80 West to Howard Blvd. to Route 46 West to Route 10 East.
Applicant has agreed to comply with the recommendations contained in the report
of the Planning Board Engineer dated 5/29/08.
to Section 17-9d of the Ordinance, the Board finds that circumstances warrant
the restriction of the hours of soil moving operations to 7:00 a.m. to 4:00
p.m. on weekdays and 7:00 a.m. to 12:00 noon on Saturdays (with such operations
prohibited on Sundays and legal holidays).
to Section 17-17 of the Ordinance, the Board finds that strict application of
the following Ordinance provisions would impose hardship and hereby grants
waivers with respect thereto: N/A
of Approval: This Permit is granted subject to the following terms and
shall post a performance guarantee, consistent with the requirements of
Ordinance Section 17-8, in an amount indicated in Subparagraph H.5 below, as
determined by the Board Engineer based on quantity of soil moved at the rate of
15 cents per cubic yard of material moved.
Permit shall remain valid for a term of one year from the Effective Date
specified in Paragraph 6 hereinabove, subject to extension thereafter in
accordance with Ordinance Section 17-9c.
Applicant shall pay the engineering review and inspection fees as required in
Ordinance Section 17-7.3.
approval shall not become effective until: (i) Applicant has paid all
outstanding property taxes and assessments due or delinquent as of the date
hereof; and (ii) all conditions of the preliminary site plan approval have been
fulfilled to the satisfaction of the Board Engineer.
shall comply with: (i) "Hours of Operation" established pursuant to
Ordinance Section 17-9d, as modified pursuant to paragraph 7.E.6 hereinabove;
(ii) "General Terms and Conditions of Operation" stipulated in
Section 17-10; (iii) "Topsoil Restrictions", pursuant to Section
17-11; (iv) "Depth of Excavation", pursuant to Section 17-12; and (v)
"Final Grades", pursuant to Section 17-13.
grants to the Township Engineer, and/or his duly authorized agents, the right
of entry to the property to conduct inspections to determine compliance with
approval is subject to all outside agency review as may have jurisdiction over
Permit is subject to the following additional terms and conditions:
fill will be imported to Applicant's site from outside the Township.
route of truck travel to/from Applicant's site from the borrow site/to the
disposal site shall be: Route 15 South to Route 80 West to Howard Blvd. to
Route 46 West to Route 10 East.
Erosion Control Plan shall be modified to indicate the following note:
the approved Erosion and Sediment Control Plan, the Applicant shall implement
all measures needed to satisfactorily control erosion, dust, and sediment
transport as may be reasonably determined by the Township Engineer during
shall post fees as follows:
Application Fee - $250.00
Section 17-7.2 Soil
Moving Fee - $579.00 ($0.15/cy
Times 3,860 cy)
Engineering Inspection Fees pursuant
to Section 13-2.404 of
Section 17-8 of the Ordinance, Applicant shall post a performance bond in the
amount of $3,000.00.
shall place hay bales on the site to supplement planned silt fencing for
erosion control to the satisfaction of the Planning Board Engineer.
accordance with Ordinance Sections 17-6.1(t) and 17-6.4, the Applicant shall
stake out interior improvements with appropriate cut sheets to the satisfaction
of the Township Engineer, and a professional land surveyor shall stake out lot
corners and appropriate points on line.
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. Zoschak made a motion to adopt the
resolution. Mr. Bautz seconded.
Roll call as follows: Mr. Zoschak, yes; Mr.
Bautz, yes; Mr. Ciaramella, yes.
PBA-08-005- BLUE VISTA – SITE PLAN FOR 2
MEDICAL BUILDINGS, RESTAURANT AND WAREHOUSE/FLEX BUILDING LOCATED ON MOUNTAIN
RD/RT 206, BLOCK 9202, LOT 1, 2 , 9 &10 IN OR-5 ZONE.
Appearing before the Board was the attorney for
the applicant, John Wyciskala. We have met with the staff to discuss some of
their comments and have made some progress. We had planned to meet with DOT,
and were not able to meet with them before today. We did receive
correspondence from them and they indicated their review of the proposed
traffic signal will probably be completed the week of June 23, 2008. They do not
have a reply as of yet. Last week the Township Council adopted a resolution supporting
the traffic signal. It was not an endorsement of this application, but the Council
did recognize that it warrants a traffic signal.
Laura Newgard, environmental consultant for the
applicant, was sworn in. She gave her educational and professional background
and was accepted by the Board. She stated the wetlands on the site were
determined by another firm, but we got the LOI from the DEP that verified the
location of the wetlands and identified them as Intermediate Resource Value. There
was some disagreements with the DEP that there were isolated wetlands. We
agreed with DEP that certain wetlands were isolated. Four wetlands areas
support vernal habitats. They are generally isolated, are usually small, tend
to pond water for a considerable amount of time in the Spring, and tend to dry
up over time. They are very important for breeding reptile and amphibian
species. The species we found here were some common ones, but also Jefferson
salamander, which is a species of special concern in New Jersey.
Mr. Meyer asked what kind of development is
generally allowed in vernal habitats.
Ms. Newgard said generally there is no
development allowed there by DEP. That was overturned by the Supreme Court in
isolated wetlands specifically. At DEP, it is being evaluated on a
case-by-case basis. They don’t encourage fill, but we are proposing to fill
one of the vernal habitats on the property.
Ms. Newgard referred to Exhibit A-1 and pointed
out the wetlands areas. Referring to Exhibit A-2, in terms of the site plan,
there are several minor encroachments into the wetlands and their 50-foot
buffer. All encroachments have been given statewide general permits. There is a
transition waiver plan. The system is balanced and compensated. Regarding the
vernal pool area, we are filling about 2,000 sq. ft. of an isolated wetland.
The way this property is laid out, there was an ability to create two warehouse
buildings on either side of the wetlands system, connect the, and have no
encroachment into the wetlands or buffers. That was an option. However,
vernal habitats are critical for the breeding reproduction and mating of the
species. That is the only time the species use the wetlands. The other times
they are very terrestrial. If we created that plan, we would have boxed off
the entire vernal habitat and would have interfered with the migratory corridor
coming into the wetlands. We spoke to DEP. To make this plan work we need a
slightly larger building. That would require encroachment into a portion of
the vernal habitat. It would also allow us to preserve the entire upland
corridor into he remaining wetlands. We were offering to create a vernal
habitat adjacent in the same general vicinity. This has been filed with DEP
and we have met with representatives. There isn’t a decision on the vernal
habitat. There will not be any loss of habitat or impact to the species on the
Mr. Germinario asked if creation of vernal habitat
has been done before in New Jersey.
Ms. Newgard said no, generally DEP would not
allow it. With the rains we have had this year there will not be a problem in
creating this pool. There will not be any maintenance to the pool. There has
to be sufficient water levels. They’re not connected by the canal. The upper
pool drains into the lower pool. If one fails it will not jeopardize the
Ms. Newgard said endangered species were looked
into. The Margaret salamander is the only species on site. There are Red Shoulder
and Owl off of 206. There is timber rattles. The entire property is mapped.
There is a hawk that feeds on local seeds. There aren’t any Indiana bats.
PUBLIC PORTION OPENED for questions of Ms.
Mr. Chandler, 238 Mountain Lane, stepped
forward. He asked about the flood hazard.
Ms. Newgard said the flood hazard is a pending
permit, as are the wetlands permits.
Valerie Wolf stepped forward and asked if the
wetlands is covered can they build in uplands?
Ms. Newgard said a conservation easement would be
PUBLIC PORTION CLOSED
Mr. Stan Omland, engineer for the applicant, addressed
line of sight which exhibits had been marked; however they’re not here. They
had gone over letters and are in the process of getting revisions in to the Board
early next week. At the next meeting the variances will be discussed. This
line of sight testimony will be provided at the next meeting.
Michael Shadiack arrived at 8:05. p.m.
Dave Christian asked a question about the
Valerie Wolf has concern about the animals that
had no place to go when the Walmart had been constructed.
Ms. Newgard said this will not have the same
impact. That was a bigger property and this property
The application was carried to July 16, 2008 with
no further notice required.
PBA-08-012-POND VIEW AT ROXBURY – MAJOR
SUBDIVISION FOR SIX LOTS LOCATED ON HALSEY STREET, BLOCK 2701, LOT 2 &
BLOCK 2702, LOTS 13, 19, 20, 21, 22 & 23 IN THE R-3 ZONE.
Appearing before the Board was George Johnson,
Esq. He stated this application is for a five lot subdivision. They would like
to do an overview and then meet with the professionals to discuss their reports.
Mr. Meyer said the threshold issue seems to be
the discharge of water onto the Mittelstadt property.
Mr. Johnson said we need to renew the Letter of
Interpretation. As far as we are concerned the lake is state open waters.
Mr. Germinario asked what difference it makes to
the application. The lake itself is private property. There will be some form
of concentrated discharge that will ultimately go into that lake. Isn’t there
a need for a drainage easement on the Mittelstadt’s property? Will there be
Mr. Johnson said we believe there will be no
more water draining into the lake as there is now.
Mr. Germinario said it would change if you are
Mr. Johnson said that issue would have to be
Mr. Meyer said he would like to know if there is
a way around this issue.
Mr. Johnson said it is an issue we will have to
Steven Smith, Professional Engineer,
Professional Planner, and Licensed Surveyor for the applicant, was sworn in. He
said this is a project that has been around for some time. It is easterly of Halsey St. and north of Railroad Avenue. There will have to be a vacation of Halsey Street and a dedication to soften curves. We propose to consolidate the existing
lots and subdivide. There will be a total of six lots with 5 new dwellings. Lot 13.01 will be increased. A variance is required for a pre-existing nonconforming front
yard on Lot 13.01, which will remain at 37.7 4 feet. A variance is required
for the rear yard setback that will 31.15 feet. It is currently 7.24 ft. A
waiver is requested from sidewalks. We propose pavement with curbing, 28 ft. wide
pavement & storm drainage thru a storm scepter for water quality. There
will be a force main with each home having a pump station.
Mr. Johnson requested a meeting with the Board
professionals as soon as possible.
PUBLIC PORTION OPENED
Kathleen Wizner, 23 Railroad Avenue, stepped
forward and said she has an issue with water rising in her basement. She does
not want sidewalks next to her house.
Mr. Meyer said they are not proposing sidewalks.
Bert & Faith Mittelstadt stepped forward. Mr.
Mittelstadt said he has a concern in the back of his property. There are trees
planted, what are they supposed to do with all the water? There are too many
houses proposed. Right now this floods. I asked that Board members come out
and see that his property is lower then the lake over by the shed. This year the
water was one foot from the front door of our building at the south side of the
bank. All the residents in this neighborhood have water problems.
Mr. Meyer said that there will be adequate time
during the course if this application to discuss the water issues.
Mr. Smith asked where the pipe was that Mr. Mittelstadt
was discussing. The town is responsible for the pipe by easement.
Mr. Mittelstadt said the pipe comes in near Wheeler Street. Another concern is that the Underhill property was filled in in the 1970s,
and it is possible that some of that water is filtering into the lake. Also,
we are concerned that someone with the lot backing up to the lake may feel they
can put a boat in the water if the applicant says it is state open waters.
Mr. Germinario said state open waters is a
Mr. Mittelstadt said he understands that, but
the lot owner may not.
Mr. Zoschak asked if the Mittelstadt's have the
right to put a fence around their property.
Mr. Meyer said that is a legal issue.
Mr. Mittelstadt said another issue is liability
if someone falls into the lake.
Mr. Meyer said there will be other opportunities
to discuss these issues.
Ron Nash, 25 Railroad Avenue, stepped forward.
He said he has a concern with water as well.
Mr. Meyer stated there will be more testimony.
The application was carried to August 6, 2008,
with no further notice. An extension of time was granted until the end of
Ms. DeMasi announced the July 2nd
meeting is cancelled.
Mr. Meyer stated this is Ms. DeMasi’s last
Ms. DeMasi resigned as Board Secretary.
Dorrie Fox, Land Use Administrator, was present
and stated she previously worked in Vernon Township and started there as
Assistant Zoning Officer, then as Zoning Officer, then as Assistant Land Use
Administrator to Land Use Administrator.
Mr. Zoschak nominated Dorrie Fox as Board
Secretary. Mr. Bautz seconded.
A voice vote approved.
The meeting was adjourned by motion at 8:40 p.m.
Dolores A. DeMasi,