Heat. Heat. Yep. Good evening. Welcome to the Township of How Planning Board meeting for Thursday, August 21st. Excuse me, 21st, 2025. Eileen, opening statement, please. >> I hereby declare this meeting of the Howell Township Planning Board to be open. adequate notice having been given
pursuant to the New Jersey Open Public Meeting Act in the following manner. First, on January 3rd, 2025, a copy of said notice was emailed to the Asbury Park Press and the Star Ledger. Second, on January 3rd, 2025, a copy a copy of said notice was hand delivered to the
clerk of the township of Howell. Third, on January 3rd, 2025, said notice was posted in the office of the planning board and on the bulletin board in the Howell Township Municipal Building, 4567 Route 9, Howell Township, New Jersey, in accordance with the fire prevention
code. And for your safety, please be advised that this facility is designed with two emergency exits at the front and rear of the meeting room. Furthermore, smoking is not permitted in the municipal building. Please take note that this meeting is being videotaped for possible future broadcast on Howell
Township TV77. Thank you. >> Thank you. Uh roll call. >> Mr. B >> here. >> Mr. Greenfield is excused tonight. Mr. Carbonic might be coming late tonight. Mr. Mercer
>> here. >> Mr. Tannen House is absent. >> Councilman Nadell is excused tonight. Mayor Leio here. Mr. McNicholas >> here, >> Mr. Freriedman >> here, >> and Chairman Huster >> here. >> You have a quorum.
>> Thank you. Would everybody please rise for the pledge of allegiance and afterwards a moment of silence for our men and women who have served here and abroad to the flag of the United States of America and to the stands one nation
indivisible and justice for all. Okay, thank you. >> Eileen, are there any minutes for approval? >> No minutes to approve tonight. >> And we do have correspondence. >> I have one thing for correspondence. Case number SP 1135.
Starcap has requested to be carried to October 16th, 2025 with no further notice. An extension was granted to the board through November 30th, 2025. Thank you. >> I can make that announcement if you'd
like, Mr. Chair. >> Yeah, thanks, Ron. >> Hey. Uh, what date do we have for that? I >> October 16th. >> October what? >> 16th. >> 16th. >> Yep. Okay. Uh, case number SP1135,
Starcap Holdings LLC, be carried to the board's October 16th, 2025 meeting. There's a live meeting beginning 7:00 here in the main meeting room at Town Hall. There'll be no further notice to property owners. >> Thank you. Anything else, Eileen?
>> No, that's all for tonight. Mr. chairman. Yes, >> I did send out a letter um regarding >> um diversified. >> Yes, >> that application. Um if you remember, the board did approve it. This is the and this is all in my letter. Um the
common practice that we have in my office is that we send out the resolution in draft form in advance to both the board members as well as the applicant's attorney, which we did do. Apparently, the applicant's attorney didn't share it with uh his client. that attorney is no longer affiliated with
the applicant. The applicant after we memorialized because we had not heard any comments back asked for several revisions. Some of the revisions were reasonable and uh we did make those revisions and that's in the attached draft revised resolution that we sent
you. However, there was one other request that I did not find any support for in the record and but I wanted to make the board aware so it could make its own decision. The applicant believes that it was also approved not just for a flex use but also for I believe was
>> self storage self storage uh facility. I did not see any reference to that in the record or testimony with regard to that. I reached out to both Laura and Jen who both agree that that was never uh discussed during the hearing process, but I leave that ultimate decision if
the board would want me to include that in the revised resolution or we could just adopt the revised resolution. I can inform the applicant that we do not believe that that was approved. >> Okay. Well, uh, Laura and Jen,
the downside, I guess, of moving to self- storage approval versus keeping it as is. >> It never came up. Okay. So, you guys never approved self storage at the at that site. I'm not suggesting >> warehouse and uh, >> they came in for flex, not for
warehousing. Let's be clear, >> right? So, they never mention self storage. Not one single time. If they want self storage, come back and ask for self storage. But like you guys did not approve self storage. That's my opinion. Do you agree? >> I agree. >> I Okay, I agree too.
>> Members of the board. >> So then if we could just have a motion to approve the >> diversifi. This is 33. Rooe 33. Yes. >> The revised resolution. And again, that revised resolution does not have that part to it, but it has some other minor changes that there. >> So there's a motion to approve.
>> Uh gentlemen, do you agree to keep it as is without >> self storage? >> Yeah. So yeah, we'll do that. Ron, >> I just need to vote on it. >> Okay. I guess uh a roll call for that, Eileen. I guess just keeping it as is
with no self- storage. If they want self storage, they would have to come back to the planning board. >> Okay. >> Um the voters I have legible are Mercer, Leio, and Huster for this. >> Yeah. >> So >> I think we're all yes, but I I vote yes. >> Okay. >> Keep it as is.
>> As is. I Yes. >> Okay. Thank you. >> Thank you. >> Thanks, Ron. Okay, gentlemen. We have a couple resolutions for approval. First number, case uh first resolution, I'm sorry,
case number SD3020, John and Kathleen Troy Martin. Resolution granting minor subdivision approval. Eligible voters, Mr. Bato, Mr. Mercer, Mayor Legio, Mr. McNicholas, Mr. Freriedman, and myself. Do I have a motion? Motion.
>> Mr. Bato. Do I have a second? >> Second. >> Mr. McNicholas. >> Mr. B? >> Yes. >> Mr. Mercer? >> Yes. >> Mayor Legio? >> Yes. >> Mr. McNicholas? >> Yes. >> Mr. Freriedman? >> Yes.
>> And Chairman Huster? >> Yes. >> Resolution approved. >> Next is for case number SP11416249US9 LLC. This is a resolution granting submission waiverss. eligible voters, Mr. Bato, Mr. Mercer, Mayor Leio, Mr. McNicholas, Mr. Freriedman, and myself.
Do I have a motion? >> I'll make a motion. >> Mr. Mercer, do I have a second? >> Second. >> Mr. Bato. >> Mr. B? >> Yes. >> Mr. Mercer? >> Yes. >> Mayor Legio? >> Yes. >> Mr. McNicholas? >> Yes. >> Mr. Freriedman? >> Yes.
>> And Chairman Hasser? >> Yes. >> Approved. Next is case number SP1107X NJ Ruckle Realy LLC. This is a resolution granting an extension of time eligible voters, Mr. Bato, Mr. Mercer,
Mayor Leio, Mr. McNicholas, Mr. Freriedman, and myself. Do I have a motion? >> Motion, >> Mayor Leio, do I have a second? >> Mr. B, is that you? >> Freedman. >> Oh, Mr. Freriedman. Sorry, I I was not looking up. I apologize,
>> Mr. Bad. >> Yes. >> Mr. Mercer, >> yes. >> Mayor Legio, >> Mr. McNicholas, >> yes. >> Mr. Freriedman, >> yes. >> And Chairman Hasser, >> yes. Next is a review of resolution for O-25-33.
A resolution for review of proposed ordinance. Eligible voters, Mr. Bato, Mr. Mercer, Mayor Leio, Mr. McNicholas, Mr. Freriedman, and myself. Do I have a motion? >> Motion. >> Mr. Bato and Mr. Mercer with the second. Mr. Bato,
>> yes. >> Mr. Mercer, >> yes. >> Mayor Ledio, >> yes. >> Mr. McNicholas, >> yes. >> Mr. Freriedman, >> yes. >> And Chairman Hasser, >> yes. >> Approved. >> And I guess this just goes on the record for something we just did, but case
number SP1127, Diversified Acquisitions LLC. This is the revised resolution for preliminary and final site plan approval with ancillary variance relief >> as >> uh as is stated prior eligible voters, Mr. Mercer, Mayor Leio, and myself. Do I
have a motion? >> Oh, that that was already done. >> That was already voted for. So, All right. >> Second. Done. >> Done. Um before we move on, Eileen, do we have enough for Bessador
with the eligible voters? >> Um I do. I have Mr. McNicholas. >> Okay. >> And Mr. Freriedman certified. >> Beautiful. >> Um so we should have enough. >> Okay. So that brings us to six. >> Six. Yep. >> Okay. Oh, six including Mr. Carbonic.
Okay. Okay, just wanted to make Mike a little nervous here. All right, so case number SD3013, Bessador LLC. This is preliminary major subdivision with ancillary variance and
design waiver relief. >> Good evening, Mr. Good evening. >> Uh, Mr. Chairman, would you like me to present from the desk here or do you want me up? >> However you're more comfortable. >> All right. Thank you, Mr. Chairman. Mr. Chairman, uh, Mr. Mayor, board members, uh my name is Michael Herbert. I'm with the law firm of Parker McCay. Back on uh
September 5th of 2024, I was here uh with uh Miss with my witness uh Walter Hopkin uh engineering planner to present to you a subdivision. Uh the subdivision uh that was presented was required to
have some changes made to it at that hearing. We have gone ahead and made those changes. uh sought to comply with all of your professionals uh requirements and and their reports. And uh we are back now before you for preliminary approval uh of the
subdivision. As you can see, it is it involves a six lot subdivision for uh higherend single family homes along with the open space lot. Again, I have with me uh Mr. Walter Hopkin who will present to you tonight uh what the changes are.
Uh we have we are in receipt of the CME report of August 15, 2025, the uh Ivankian report by Miss Beam of uh August 19, 2025 along with a number of other exhibits. Mr. Chairman, I I got a
list of exhibits uh from uh your board secretary. I think we're up to uh A18. Uh do you want me to list the exhibits for the record or are we okay just having it in the record? >> The that list is already part of the record. >> Okay. Thank Thank you, Mr. Kira.
>> Uh, and I think we have up in on the screen, uh, the colorized site plan or subdivision plan, I should say. Uh, presented by Mr. Hopkin. Uh, and, uh, that color rendering is dated June 28,
2000. We're up to >> 16, >> I'm sorry, May 16, 2025. >> Uh, so that is there for uh, board members review as well as the public. Uh and uh there were a uh uh uh as as you
know we're uh here a little under a year ago and our most recent submissions have been revised uh to remove the existing dwellings along Church Road frontage and in the process rearranging the proposed lots to now provide six um 1/2 acre lots
with residential dwellings and a seventh lot in the rear which will be uh with a new dwelling uh as well. Uh the rear lot will be open space. Uh that that will be preserved open space as as was requested. Uh we can preserve it by
either Eastman or deed. However you would like us to do that, but we will preserve it. Uh we also now have a sidewalk proposed along uh the church road frontage uh with water quality basins B1 and B2 having been shifted to reduce size. Uh again, all these uh
things were done, these adjustments were done uh to try to comply with the professionals uh uh directives. Uh Mr. Hopkin can will present on on all these issues. Uh and again, we we talked about open space. Uh the roadway uh we would
prefer the roadway to be dedicated to the township. Uh however, however the board wants us to proceed, we will be glad to proceed with uh and Mr. Mr. Hopkin will uh present to the other issues as well. Uh so with that, Mr. Chairman, I'd like to turn this over to
Mr. Hopkin. Um Mr. Hopkin, you've appeared before this board in the past. >> Yes, I have. >> And if you could just present uh your uh credentials to the board as to why you should be qualified as both an engineer and a planner. >> Sure. I'm a licensed professional engineer in the states of New Jersey, New York, Pennsylvania, Delaware, and Maryland. I'm a certified municipal
engineer in the state of New Jersey. I'm also a um professional planner in the state of New Jersey. have been accepted by this board on this application and previous ones. >> Credentials are accepted. Thank you. >> Thank you, Mr. Chairman. >> Mr. Hopkins, please proceed. >> You You want to swear me in? >> Were you sworn in at the previous
hearing? >> Yes, sir. I was. >> So, I just remind you, you remain under oath. >> Thank you. I acknowledge that. So, just to reorient the board quickly, very briefly, um the site is a 16.7 acre site on the south side of Church Road, west of Kent and just west of Tyogga. Uh
there is a home there with the address of 57 Church Road. It's known as block 76, lots 33 and 34 and it is located in your AR2 zone. The surrounding properties are uh similar single family residential homes. What currently exists
there now is a single family home that fronts on Church Road uh and various ancillary uh buildings and a and a pool throughout the property. Uh all of the existing structures are to be removed. There's a drafting error uh on our plan.
We didn't label the pool to be removed. It certainly is proposed to be removed. So, there will be nothing uh in the 100 foot buffer that's required. So, um it's our opinion that we no longer need relief from that section of your ordinance. Changes since we were here last year. Just to highlight, um I
believe we will eliminate any variances. So, I'm happy to say that we believe this is a variance-free application. There's a few design exceptions that I think the board's used to hearing that I'll I'll bring up later. Uh previously there were six homes on the culde-sac but the home uh the
existing home on Church Road was to re remain. We removed that so that there are six uh excuse me seven homes uh on the culde-sac. Six of the homes are between one and two acres in conformance with your open space ordinance. And the
one home in the back is uh on an 8.42 42 acre uh property that is in compliance with your open lands ordinance with 50% of the land being on that lot. As Mr. Herbert indicated, we're proposing sidewalk along Church Road uh
which wasn't previously shown. We've added an additional 50 trees and the buffering uh and I believe we've addressed um a significant portion of technical and planning comments that were raised by your professionals previously. >> Yes, sir. >> Can I just jump in? I'm
>> Yeah. Yeah, they're going to do sidewalk. >> No curb. >> No, there's going to be curb. >> Yeah. >> Um >> there's a couple things, Walter, that on your plans that need to be corrected. >> Okay. >> Number one, the 50ft buffer needs to go
around the entire track, not just the front. >> We'll do >> the back as well. And you need to have your setbacks measured from the buffer line as opposed to the property line, which is what it is. Now, I will say to the board, they have more
than enough area to do it. It's not that they can't do it. It's just a correction that needs to be made on the plans, and we've scaled out the reason that we require the setbacks on a major subdivision to be taken from the buffer line is to give people usable backyards instead of having like the house up
against the buffer line. The nearest house, which what's this lot number? Do we know? Um, the nearest house to the property line is more than 100 feet. It's the It's the Yep. That one where Laura's pointing. That's the closest
one. And I think it's like 109 ft from the property line. So there's more than enough room for the 50 foot buffer and then the compliance setback from that buffer line. That's the nearest one. So it's just it's just more technical in nature, Walter. It's not We don't take exception to they're not asking for
relief and they don't need it. It just needs to be cleaned up. >> Got it. >> Question. The open land is that typically easement? I would say it should be a deed restriction. >> I would agree. >> Deed. Okay. >> We'll be glad to do that. >> And that's own separate lot. >> Correct. >> Well, there's a house on it >> at the end.
>> That house take up that whole lot. >> The whole lot. So, it's it's the it's the property behind it. I would suggest, Walter, that you work with Laura's office on the exact location of where the deed restriction line is going to be so that the property owner has some
usability of their yard. But the lot is gigantic. I do agree that it does meet the criteria that we have and I think by deed restricting it number one that that means that like at some point in the future we're not going to see somebody come back here and try to further subdivide it. >> How about agreed?
>> How about um >> with the restriction it will prevent the homeowner from >> separating absolutely >> like farmland Christmas trees. We're eliminating all that. >> Correct. >> They will be on notice as to where the lines are as far as the deed restriction goes. We're just concerned
>> and you'll yeah you'll have you'll have monuments you know in the ground and so forth and they'll >> it's a lot of open they will be made it'll be made clear to them that they can't touch that >> right >> will this have an HOA >> yes yes and they will be responsible for um >> retention
>> Yes sir >> what I would recommend to the board as well to the applicant when you work out like where that deed restriction line is I would request like a split rail fence I understand the monuments will be
there, but like the split rail fence is a real visual barrier to say this is where you're done. >> I I think that's a great idea. >> The only other thing I have, Walt, is >> um can we talk about the fence? So, like
we noticed that there's like 4ft wire fencing throughout the site. Like what are we doing with that? Is it staying or you wanting it to stay or like what's the situation? Um, yeah. I I think that's the neighbor's fence. We don't we don't need
it or want it as part of our application, >> right? I'd prefer it to go away myself. >> If it is uh our fence, we'll make sure it's gone. >> And if it's your if it's their fence on your property, you should make sure they move it. >> Okay. >> Mr. Chairman, I just have a few
questions as well. Um this is preliminary only at this time but just confirmation that you will comply with the lookalike ordinance. >> Yes. >> And uh you have a 28 foot wide cartway. So are you restriction restricting one side of the road against parking?
>> Yes, we would. Yeah. >> And you'll add that prior to coming to final? >> Yes, we will. >> And water. Is this going to be serviced by public water or well? >> I'm sorry for the confusion on that. It's well there. As far as we know, there's no public water available to the site. >> 107. >> Yes, sir.
And do you have do you know the proximity of the nearest fire hydrant? >> I don't. I I I looked before the meeting and couldn't find one. So, >> and prior to coming back, should the board act favorably for final? You have an extension
um a drainage extension just confirmation that that will all be done within the right of way and if any easements are required, you will disclose that. >> Correct. We will. And the storm water design is fully compliant with the uh D and our ordinance.
>> Yes, I believe it is. >> And then um curbing along frontage of Church Road, you will be doing that as well. >> Uh since the mayor emphasized it, yes, we will. >> Yes, they will. >> Yes, we will.
to his curve. That's all because I've seen it done with sidewalk, you know, but since this is a major subdivision and this is a new area in town, it's become very very busy. We have a lot of walking on this this road. Did you say there's street lights? >> Yes, sir.
>> And that's you're in the stolen or JC? >> Uh we are. >> And maintaining them is >> the HOA. >> Uh that's a question I don't have the answer for. That's a new one for me. So I would say they have to resolve that prior to final, but yeah, would they wouldn't be township because it's
illuminating a private road and it would be within a private right ofway. So that would be between the HOA and or JCPNL. Sometimes JCPNL actually owns the fixtures. >> Normally JCPNL would would own and service but and we're dedicating the
road to to you to the town. >> Well, you're asking to dedicate >> Well, that that's a good segue to my question. So an HOA, right? Uh typically how do we do this with roads and snow removal and all that stuff? Is it going to be the responsibility of the HOA or if if it goes
>> if it's a public road then it's the responsibility of the town right? >> If it's a private road it's the responsibility of the HOA. So typically of >> HOAs on a on a private road though in these communities sometimes the town is responsible >> for providing >> what would be a um you know the the cost
that would normally come out of the tax dollars for maintenance. They were responsible for giving it to the HOA the Kelly act. Yeah. >> Okay. >> So what what's the difference if it goes to the town or not if the town is going to be ultimately responsible to take care of it? Well, it's not ultimately
responsible. I think what Ron's saying is there's a portion under the condo law, I think it's condo law, Ron Kelly Act, >> the Kelly Act, which indicates that the town would reimburse for what would be their cost to do that work.
>> Um, so it may not be exactly what it cost them to do it. Um, that would be all they would be entitled to. If it becomes a public road, it becomes the town's responsibility >> and they have to have, you know, public employees maintain it, right? >> On the private side, it's money, but
there's no actual labor on the behalf of the town that's involved. But in any event, you know, it's not up to this board to tell the governing body what it's going to do. So, we can, you know, say it's subject to whatever the governing body wants to do and they will just resolve which way they're going to
go with it, you know, by the time they come back for final. >> Got it. Okay, >> Mr. Chairman, we we will submit and it's up to the governing the uh the governing body and we will, >> you know, submit to whatever they ask us to do. >> Got it. >> That would that would include the storm drains as well.
>> On them to Okay. on the HOA because I remember Brian mentioning last time that they didn't want to be responsible. >> Storm water is on us. >> Including I would recommend including the storm water that would be within the road. They'd have to have if if the town assumed the road, they would need
>> the storm would be right. >> The storm would remain private. >> Yeah. The catch bases and everything. We're not going to maintain them fences around them. >> And then when it comes to snow plowing, it's not sidewalks and neighbors. >> We don't get snow in New Jersey anymore.
>> Exactly. Correct. Plow in and out. >> Correct. Church. So, here. No, we're not looking to make you come in and uh >> and uh you know, use snowb blowers and so forth. No. >> And Walter, I may have missed, but you
agree to all the technical comments as contained in our attachment. >> Yes. >> Chlor, the tree design. So essentially they do require a waiver mayor um in order to um pay into the tree fund.
They're proposing um 2.1 acres of clearing and they have 187 replacement trees proposed which would leave a deficit or a contribution required of 17,400 to the town's uh tree fund. I suggest that they look at that and continue to work with Sherry. They'll
have to come back for final um and that that number be confirmed when they return if the board act fa acted favorably. >> You got plenty of space to really >> Yep. >> Mr. Mr. Hopkins office has worked with
Sherry for I don't know how many years now and and we'll work with her to make the back. Yeah, >> there's a lot of trees back there currently, but I do think that like >> your southern property line
given this image looks like it could use a little love in terms of like and what have you in the buffer >> because that was a comment in our letter that like >> there are a couple things in the buffer requirements on how to it's not just providing 50 ft. You have to do things
within that 50. So, I think that you should continue to work with Sherry between now and final if the board were to act in the affirmative >> to take advantage of the opportunity to enhance that buffer.
>> Okay, >> good. >> Uh, nothing further at this time, Mr. Chair. >> Great. Any closing remarks, I guess, or any other >> Mr. Anything else that we haven't covered? the the board has done a good job of orienting themselves and and acclimating themselves to the
application. I I I appreciate u the the the uh the thoughts and um we certainly would comply with the board's uh recommendations and the professionals letters >> and and again Mr. Chairman I have gone through my notes and I knew the various points that we had to hit and between
Mr. Hopkin and your professionals I think everyone's done a great job of hitting all the points. Again, this is only preliminary. We've got to come back for final. for final. Of course, we'll have a much more intricate uh uh presentation for you as to what we've what we've agreed to do with Sherry and
others. So, we'll have that ready for you for final. >> Great. >> You did clean it up a lot. >> Thank you. Thank you. It uh you you've got excellent professionals who gave us great guidance. G >> gentlemen, any questions? Any further
questions? Open it up to the public. Any questions? See >> questions or comments >> or comments >> packed house? >> Seeing none. >> Uh gentlemen, I will entertain a motion
>> for >> case number SD3013 Bestar LLC. This is preliminary only >> with all the notes >> with everything discussed thus far. >> So just just on that, Mr. Chargers just
before we take the motion um if there's just state whether we are also granting the the design waiver for trees subject to a revised tree plan that'll be presented at final >> good point the waiver for >> so yes it'll be for
>> motion is noted >> also I apologize part of the motion Ron also should be the waiver on the road because we comply with RSIS >> correct >> so the roads and the trees design waivers >> I'll Make a motion >> as a preliminary. >> Yeah. >> Okay. Mr. Mercer made the motion. Do I
have a second? >> Mr. Freriedman with the second. >> Roll call, please. >> Mr. Mercer, >> yes. >> Mayor Leio, >> yes. >> Mr. McNicholas, >> yes. >> Mr. Freriedman, >> yes.
>> And Chairman Husser, >> yes. >> Approved. >> Thank you, board members. We really appreciate your time. >> Thank you. >> Have a great night and go Giants. do the same. >> Look forward to the final. >> Yes. Hopefully we'll have that to you soon. >> Uh Ron, is there any reason to Oh, I'm
sorry, Jen. Master plan update, anything? >> So, we don't have any like re-exams or any elements that we're working on now. However, the housing plan, the comments are due back to the town by the end of
next week. So, in all likelihood, at some point between now and the end of December, and Eileen, this is for you, too. Between now and the end of December, we are most likely going to have to amend that housing element. I just don't until we see what we're dealing with. I won't know when that
will happen, but it has to be done by December 31st. So, we have to do it between September 1st and December 31st if we need to. But >> I'm anticipating that we are going to need to >> I guess the courts. >> Yeah. Who who does that come from? Who
the comments come from? >> So Fair Share Housing Center are going to issue comments. Most likely a developer that proposed a project that the town did not select to include in the plan. >> So the between September and December is
going to be a lot of negotiation. So, at some point, if we don't get a lot of those comments or objections and we don't have to amend it, we're good to go. But if we do, it's going to happen between probably October, November at some point at that at that point in
time. So, just keep that in mind. I'll just keep you in the loop, Eileen. Okay. >> Just because I to date, I have no idea. Most people are holding all their stuff close to the vest until like next Friday. >> Got it. Okay. Thanks, Ron. Any reason for executive session? >> Uh, no, Mr. Chairman.
>> All right, gentlemen. I'll entertain a motion to adjurnn. >> Motion. >> Is there a second? >> Second. >> Thank you.