Download July 12, 2000 The monthly meeting of the Greenwich Township

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July 12, 2000
The monthly meeting of the Greenwich Township Planning Board was held on the above
date and in the absence of the Chairman at the beginning of the meeting, Lloyd Foss,
Vice-Chairman, called the meeting to order at 7:30 P.M. in the Municipal Building. The
meeting opened with the Pledge of Allegiance.
Pursuant to the Open Public Meetings Act, Chapter 231, PL, 1975, adequate notice of this
meeting has been given in accordance with the Open Public Meetings Act by:
1. Mailing a notice of scheduled meetings of the Greenwich Township Planning Board
to the Express-times, Phillipsburg Free Press and The Star-ledger.
2. Posting a notice thereof on the Township bulletin board.
3. Filing a copy thereof with the Township Clerk.
Board members present: Guy Fleming, Len Chavkin, Lloyd Foss, Ken Hoser, Dave
Barretto, Doris Rayna, Robert Zelley, Greg Wovna, Jim Adams. Michael Valente arrived
at 7:40 P.M. Also present were Willliam Edleston, Esq., and Michael Finelli, PE. Absent
was Boyd Edwards.
Len Chavkin made a motion, seconded by Guy Fleming, to adopt the minutes of the June
14, 2000 meeting. Motion carried with an affirmative “aye” vote.
Warren County:
1. Conditional Approval granted to Greenwich Chase, Room to Grow Learning
Center, Final Site Plan, Block 23.14, Lot 1, dated June 27, 2000.
2. Disapproved revised Preliminary Major Subdivision, Rocco Paternostro, Block
20, Lot 27, dated June 28, 2000.
3. Disapproved Final Major Subdivision, Rocco Paternostro, Block 20, Lot 27, dated
June 28, 2000.
4. Soil Conservation District ruling the Soil Erosion and Sediment Control Plan
incomplete for Bretti-Phil, LLC, Block 26, Lot 2, dated June 14, 2000.
5. Soil Conservation District recertifying the Soil Erosion and Sediment Control
Plan for Greenwich Chase, Block 23, Lot 1.
July 12, 2000
Page 2
1. Kinzler, Ritter & Plante notification that a Letter of Interpretation was applied for
Block 34, Lot 10, Beatty’s Road, United States Land Resources, dated June 15,
2. State of New Jersey, Department of Community Affairs, status of the Residential
Site Improvement Standards, dated May 1, 2000.
Bretti-Phil Commercial Subcommittee report. Robert Zelley stated that the
subcommittee had met twice with representatives from Bretti-Phil. At the first meeting,
discussion was held regarding the engineering comments contained within Michael
Finelli’s report, dated June 12, 2000. An agreement was reached on most of the items. A
couple of the items were being re-reviewed and were resolved at the second meeting.
The applicant is looking to have a clean application with no variances. John Madden,
Planner, was present at the second meeting and touched on the items that weren’t
resolved at the first meeting. The applicant offered some solutions regarding some of the
buffer mandates, earthen mounds and tree plantings that actually were better than if they
had complied with the ordinance. Things will be moved back further than needed which
would benefit the project. Regarding Mr. Madden’s comments in his letter of May 30,
2000, the applicant and subcommittee came to an agreement on those items. The
applicant is working on the signage. The Township is not looking for another colossal
50’ sign. The Township is looking for something that is characteristic to the atmosphere
of Greenwich. The applicant is also looking at the landscaping and buffers that will make
the project very attractive. Also looking at the color schemes of beige’s and dark forest
green and the angles of the buildings, making them more three dimensional, so that when
the sun turns it creates shadows and will break up the size of the building. Mr. Madden
informed the subcommittee that he feels that the applicant is doing things beyond his
expectations. Mr. Zelley feels that the meetings went very well. When the full planning
board sees the application, it will have very few variances, if any, and it will adhere to the
Master Plan and Township ordinances.
The applicant will come in before the full Board to go over some of the issues so when
the public hearing is scheduled, there will be no surprises. The applicant has a contract
for Lowe’s, Target, Applebee’s, Circuit City, Pier I, Linens and Things, PetCo, Staples,
and they have one 6,000 sq. ft. building that is not rented and they have a larger store,
which, hopefully, will be a book store.
Phase I and Phase II, basically, is going to have virtually no time gap. Because of the
contracts and because of the strong interest in this area, there will be a seamless project.
The sewer has been purchased from Phillipsburg many years ago. The architecture and
color schemes are consistent. Phase II will be presented shortly after Phase I. The
July 12, 2000
Page 3
applicant’s objective is to have a public hearing, if possible, in September and would like
to break ground in the fall and shortly after that, Phase II will be submitted.
Dumont Road will be constructed as part of Phase II. The County approval has not been
granted yet and the State approval is not an issue. Once the developer has approval from
the Township, the County approval will be superfluous. The stop light at Greenwich
Street will be going in. The applicant is deeding over the right-of-way for the entire
Dumont Road, as part of Phase I. Phase I is only Lowe’s, Applebee’s and one 6,000-sq.
ft. retail. The balance and majority of the project is in Phase II.
Application No. 166-00, Greenwich Station Phase II, Amended Preliminary Site
Plan, Block 23, Lot 36, Completeness Determination. The application before the
Board is for Amended Preliminary and Final Site Plan approval for the remaining two (2)
building pad sites within the Greenwich Station Commercial Center. The two (2) pad
sites are located directly adjacent to Greenwich Street.
Gordon Strauss, Esq. represented the applicant. Michael Wade was also present.
Attorney Strauss stated that this application involves the completion of the shopping
center by the consolidation of the two remaining pad sites into one building. All of the
dimensions, parking requirements, conform to zoning and are not as intense as they might
be. The only issue that Attorney Strauss raised is that there is precedent for this
application going directly to Amended Final not Amended Preliminary. This application
for the completion of the shopping center is analogous to the AAA development which
took place approximately three (3) years ago where everything that was proposed for the
AAA pad site was in conformity yet the applicant had to come back based on the original
final approval.
Attorney Edleston stated that he has looked at the Resolution from 1997 for AAA and the
Board did treat that as an Amended Final. Attorney Edleston feels from the standpoint of
consistency, this application should be treated as an application for Amended Final.
Mr. Finelli stated that his report of June 12, 2000 was a review for Amended Preliminary
Site Plan. Attorney Edleston stated that Mr. Finelli could do his technical review for
Final Site Plan and Mr. Finelli stated that if there are other changes with drainage, etc.,
that he would have the opportunity to reserve the right to raise some issues that would
normally be raised under a preliminary review. Attorney Strauss stated that the applicant
would respond immediately.
Michael Finelli stated that the only difference between his report and a Final Site Plan
review would be the checklist comments. The original approval for these pad sites
contained two (2) separate 5,000 sq. ft. buildings. The applicant is seeking Amended
Preliminary and Final Site Plan approval to construct one (1) 13,000 sq. ft. building
versus two (2) 5,000 sq. ft. buildings. The proposed building would contain a 6,000-sq.
July 12, 2000
Page 4
ft. liquor store, a 2,000 sq. ft bank with three (3) drive-thru lanes and three (3) unnamed
retail stores that have a combined floor area of 5,000 sq. ft. The parking analysis of the
13,000 sq. ft. building dictates less parking and the FAR is still in compliance and the
impervious coverage is the same as what was originally approved as a variance.
Robert Zelley made a motion, seconded by Dave Barretto, to grant waivers from
Preliminary Site Plan Checklist Items #21, 22, 23, 25, 31, 33, 34, 37, 53, 54 and 59, as
outlined in Michael Finelli’s review letter of July 10, 2000. The motion carried with the
following roll call vote:
Zelley, Fleming, Chavkin, Foss, Hoser, Barretto, Rayna, Valente,
Wovna, Adams.
Leonard Chavkin stated that the applicant changed the application to 13,000 sq. ft to
accommodate a liquor store and a bank, neither of which improves the quality of life in
Greenwich Township. Mr. Zelley stated that the bank inside of Shop-Rite is moving to
the new site in order to have a better facility and service the community. Chairman
Valente stated that regardless of whether it is a bank or whatever, the applicant is
complying with the ordinances and the Board can not dictate what tenants they would
like to have. The uses are permitted in the B-2 Zone.
Doris Rayna made a motion, seconded by Guy Fleming, to deem complete Application
#166-00, Amended Final Site Plan, Greenwich Station, Phase II. The motion carried
with the following roll call vote:
Zelley, Fleming, Foss, Hoser, Barretto, Rayna, Valente, Wovna, Adams.
Application No. 168-92-00, “The Village”, 18 lot Final Major Subdivision, Block 34,
Lot 10, Completeness Determination. The application under consideration is for Final
Major Subdivision approval. The development consists of two (2) cul-de-sacs, which are
north of the cemetery property, and on the south side of Beatty’s Road. Each cul-de-sac
has nine (9) lots and the application had originally received preliminary major
subdivision approval on July 12, 1995. Amended preliminary approval was granted in
July 1997. On July 12, 1999, the Planning Board granted two (2) one-year extensions
that were retroactive to a previous expiration date of July 12, 1998. The current
preliminary approval is scheduled to expire as of July 12, 2000.
Michael Finelli raised a question in his report about the relationship with the expiration of
preliminary, as of July 12, 2000 versus the applicant proceeding with Final. The zoning
July 12, 2000
Page 5
has not changed on this piece of property. Attorney Edleston stated that the fact that the
preliminary may expire as the period of protection, the zoning hasn’t changed, so it really
doesn’t make any difference. The applicant is not in jeopardy of anything at this point in
time. Attorney Levin stated that the statute only states that the application has to be filed
before the expiration date.
Arnold Levin, Esq., was present representing the applicant, Weinstein Builders &
Greenwich Twp., LLC. Lawrence and Gregory Weinstein were also present. Weinstein
Builders are the contract purchasers of the property. The property was previously known
as “The Village”. Attorney Levin stated that his client proposes to rename the project
to“Greenwich Hills North”. Attorney Levin addressed Mr. Finelli’s review letter of July
10, 2000 and stated that all checklist items will be complied with.
Len Chavkin made a motion, seconded by Lloyd Foss, to deem complete Application No.
168-92-00, Greenwich Hills North, formerly The Village, Block 34, Lot 10. The motion
carried with the following roll call vote:
Zelley, Fleming, Chavkin, Foss, Hoser, Barretto, Rayna, Valente,
Wovna, Adams.
Application No. 211-00, Wyndham Farms, Rock Crusher. Bob Poles, Director of
Construction was present to discuss the possibility of bringing a rock crusher on site at
Wyndham Farms. Also present was Frank Dugan, South Jersey Contracting. Permission
is needed to bring the rock crusher in. The application is before the Board because the
Township ordinance doesn’t permit a rock crusher on site.
Mr. poles stated that they have to move the rock that is on the site and they are proposing
to crush the existing rock piles that are on site now. Maps were distributed showing the
location of the overall site showing the areas where there are rock walls that will be
removed and the location of where the rock will be stock piled. It will be stock piled
until it can be utilized to reconstruct large portions of Wyndham Farm Boulevard.
Mr. Dugan stated that the builder has a need for the rock on site. There is a very large
section of Wyndham Farm Boulevard where the pavement has been broken up. The
material can be used to stabilize the roadway so it can be repaved. There will be some
left over that won’t be used on the road. Mr. Dugan further stated that they intend to use
the black top that is ripped out of the road and grind some of that up and put that right
back into the roadway.
July 12, 2000
Page 6
The rock crusher will be in operation for three (3) weeks. Approximately 8,000 cubic
yards will be generated or 10,000 tons. Fuel trucks are brought in every day; therefore
storage of petroleum products is not a problem.
Mr. Poles stated that he has been in contact with the school district and they have a need
for a large amount of fill material. Doris Rayna stated that if the school needs the rock, it
would be nice if there wasn’t a charge.
Mr. Finelli stated that normally there are three (3) layers to a pavement. This is below
all of those layers. This is just to give the road some structural stability because of the
underlying soft clay soils. Mr. Finelli will be provided with a spec on the material that
will be made by the crusher.
Mr. Finelli stated that himself and the Township have really made Mr. Poles and Mr.
Dugan come before the Board and ask for permission to get rid of the rock because the
Township wants it out of the development. Mr. Finelli further stated that there is no need
to put a timeline on the removal of the rock because it is up to the developer to get rid of
the rock. The Township will not accept the open space areas, as far as the dedication is
concerned, if there is a lot of rock on them.
Attorney Edleston stated that there was a similar request with Toll Brothers and there
were some restrictions and feels that restrictions should be imposed on this application.
After discussion, the conditions are:
1. The operation of the rock crusher will not commence before 7 a.m. and will end
not later than 6 p.m.
2. There will be no operation of the rock crusher on Saturday and Sunday; therefore
operations will be limited to five days per week.
3. No weekend use of the machinery is permitted although routine maintenance and
oiling of the machine may be undertaken if needed.
4. Off-site transportation of material will be permitted provided the trucks utilize the
route employing Wyndham Farm Road to Greenwich Street to Route 22 and
follow the reverse route when returning to the site.
5. The Township Engineer will be informed (on such schedule and basis as he
determines) of the size, quality and technical description of the crushed rock.
6. The Township Engineer will have reasonable ongoing control over dust and noise
control related to the rock crushing operation.
July 12, 2000
Page 7
7. The rock crusher will be removed from the site promptly upon the expeditious
completion of the task for which it will be brought to the site.
8. Any type of storage for petroleum products be stored in a safe manner as to avoid
leakage or spillage.
A letter will be sent to the applicant memorializing the above stated conditions.
Robert Zelley stated that a letter was sent to the residents of Dori Place, Walter Way and
Fanning Mill Road in Wyndham Farms regarding the rock wall on their properties. Mr.
Zelley feels this matter should be discussed at this time. The concerns of the residents
relate to maintenance, appearance, loss of property, and, most of all, safety. The
residents feel that the wall should be removed. Mr. Zelley asked Mr. Poles if he would
please consider taking the rock walls out for the residents as part of the crushing of the
stone while the rock crusher is on site. Mr. Poles stated that the rock wall in the
backyards of the homes on Dori Place was put there because of the very steep slope. The
idea of the rock wall was to raise the grade in the rear yard approximately 3 feet to
minimize the slope in the rear yard. Mr. Poles feels that it should be explained to those
residents what the consequences would be by taking an additional 3 feet of material out
of their backyard and regrading it. They may not be happy with the results of that. Mr.
Poles feels that it will create an area that is still going to be a fairly steep slope. The
residents may have trouble stabilizing it, planting grass on it and getting it to grow fast
enough before the runoff washes it away. The rock walls were put there to improve the
Mr. Zelley stated that he is trying to help the residents solve this situation, but the Board
felt that this problem is in no way related to the application before the Board and that the
rock wall situation is between Reider and the homeowners.
Doris Rayna made a motion, seconded by Len Chavkin, to grant approval toWyndham
Farms, Application No. 211-00, to bring a rock crusher on site, with conditions. The
motion carried with the following roll call vote:
Chavkin, Foss, Hoser, Barretto, Rayna, Valente, Wovna. Adams.
Traffic Engineer – Commercial Center, Route #22. A proposal was received from
Walter M. Lublanecki, of the firm of Lublanecki Engineering, Inc. for professional
engineering services to conduct a review of the traffic impact study report for Greenwich
Center, a proposed shopping center in Greenwich Township, prepared by Raymond
Keyes Associates of Hawthorne, New York.
July 12, 2000
Page 8
Mr. Lublanecki’s services will be paid for out of the applicant’s escrow account.
Upon review of the contract, Doris Rayna made a motion, seconded by Lloyd Foss, to
retain the firm of Lublanecki Engineering, Inc. for the purpose of review the traffic study
report for Greenwich Center. The motion carried with the following roll call vote:
IN FAVOR: Zelley, Chavkin, Foss, Hoser, Barretto, Rayna, Valente, Wovna, Adams.
Doris Rayna made a motion, and seconded, to adjourn the meeting. Motion carried.
Meeting adjourned at 8:40 P.M.
Elva N. Pomroy
Planning Board Secretary
Michael Valente, Chairman
Planning Board