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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 class 2 member, John Ciaramella, Richard Zoschak, Joseph Schwab, Robert DeFillippo.  Michael Shadiack arrived at 8:05 p.m.


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.






                                               ROXBURY TOWNSHIP PLANNING BOARD

                                                         MAJOR 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 below.


1.  Applicant/Permittee:  KBC Properties, LLC


2.  Application Number:                                      PB-08-0011


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:  6/4/08


6.  Effective Date:  6/4/08


7.  Findings of Fact:


A.            The 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.


B.            Proof of adequate notice of this Application, pursuant to Ordinance Section 17-6.5, has been furnished to the Board.


C.            A public hearing was conducted, in accordance with the Ordinance, and with opportunity for comment by interested members of the public, on the following date(s):  6/4/07


D.            In 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, dated 5/29/08.


E.             The Board has made the following additional findings of fact: 


1.             The Applicant intends to import 3,860 cubic yards (c.y.) of soil.


2.             The Applicant proposes to relocate within the site 0 c.y. of soil.


3.             The Applicant intends to obtain fill from outside the Township.


4.             The 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. 


5.             The Applicant has agreed to comply with the recommendations contained in the report of the Planning Board Engineer dated 5/29/08.


6.             Pursuant 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).


7.             Pursuant 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


8.             Conditions of Approval:  This Permit is granted subject to the following terms and conditions: 


A.            Applicant 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.


B.            This 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.


C.            The Applicant shall pay the engineering review and inspection fees as required in Ordinance Section 17-7.3.


D.            This 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.


E.             Applicant 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.


F.             Applicant 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 this Permit.


G.            This approval is subject to all outside agency review as may have jurisdiction over this matter.


H.            This Permit is subject to the following additional terms and conditions: 


1.             All fill will be imported to Applicant's site from outside the Township.


2.             The 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.


3.             The Erosion Control Plan shall be modified to indicate the following note: 


"Notwithstanding 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 construction."


4.             Applicant shall post fees as follows:


Section 17-7.1  Application Fee - $250.00

Section 17-7.2  Soil Moving Fee - $579.00 ($0.15/cy

Times 3,860 cy)

Section 17-7.3  Engineering Inspection Fees pursuant

to Section 13-2.404 of the

Township Ordinances


5.             Per Section 17-8 of the Ordinance, Applicant shall post a performance bond in the amount of $3,000.00.


6.             Applicant shall place hay bales on the site to supplement planned silt fencing for erosion control to the satisfaction of the Planning Board Engineer.


7.             In 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.






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 site.


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 other.


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. Newgard.


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 required.




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 traffic light.


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.  




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 sheetflow?


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 concentrating flow.


Mr. Johnson said that issue would have to be resolved.


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 face.


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.




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 regulatory classification.


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 September. 


Ms. DeMasi announced the July 2nd meeting is cancelled. 


Mr. Meyer stated this is Ms. DeMasi’s last meeting.


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, Secretary