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.
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.
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
lm/
