Heat. Heat. Good evening. Welcome to the township of How's Planning Board meeting for Thursday, January 15, 2026. Opening statement, please. >> I hereby declare this meeting of the How Town 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 8th, 2026, a copy of said notice was emailed to the Asbury Park Press and the Star Ledger. Second, on January 8th, 2026, a copy of said notice was handd delivered to the clerk
of the township of Howell. Third, on January 8th, 2026, 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 firerevention 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 How Township TV77.
Thank you. >> Thank you. Um we do have to have an oath of office for Miss Carr. So if you would um please stand. >> Bless you, Brian. >> You ready? I'm going to read it to you.
>> Raise your right hand. >> Look at me. That's fine. >> I state your name. >> I in the car >> do solemnly swear >> do solemnly swear >> that I will faithfully impartially and justly >> that I will faithfully, impartially, and justly
>> perform all duties of the office of Powell Township Planning Board member >> perform all the duties of the office of planning board of to the best of my ability. >> And I will support the Constitution of the United States. >> And I will support the Constitution of the United States
>> and the Constitution of the State of New Jersey. >> and the Constitution of the State of New Jersey. >> And I will bear true faith and allegiance to the same. And I will bear the true faith and allegiance to the same. >> And to the governments established in the United States >> and to the government established in the United States.
>> And in this state >> and in this state >> under the authority of the people. >> Under the authority of the people. >> So help me God. >> So help me God. >> Congratulations. >> Thank you. Thank you. >> Welcome. >> Welcome aboard.
Uh roll call, please. >> Mr. B is absent. Mr. Freriedman >> here. >> Mr. Gimble >> here. >> Mr. Greenfield >> here. >> Mr. Carbonic. >> Sorry. Here.
>> Okay. Uh, Mr. McNicholas is absent. >> Mr. Mercer >> here. >> Councilman Rubell >> here. >> Mr. WCO >> here. >> Miss Core >> here. >> Chairman Huzer >> here. >> You have a quum. >> Thank you. Would everybody please rise
for the pledge of allegiance and afterwards a moment of silence for our troops, fallen troops uh that have served both here and abroad. To the flag of the United States of America, to the republic for it stands, one nation under God, indivisible, with
liberty and justice for all. Okay, thank you. >> Okay, we have an approval of minutes from the regular meeting of September 4th, 2025. Eligible voters, Mr. Mercer, Mr. Freriedman, and myself. Do I have a motion? >> I'll make a motion to approve the minutes from September 4th.
>> I'll second it. >> Mr. Mercer and Mr. Freriedman the second. >> Roll call, please. >> Mr. Freriedman. >> Yes. >> Mr. Mercer. >> Yes. >> Chairman Hudner. >> Yes. >> Motion carries. >> Thank you. Uh, do we have any correspondence?
>> Uh, yes. Gregory Veila, the attorney for case SP1128, Links Waste and Recycling Center Solutions, asked that the application on tonight's agenda be carried to the March 19th, 2026 meeting with no further notice. Mr. Veil granted an extension of time through April 30th, 2026.
>> Thank you. Andy, do you do you want to make the official notice uh announcement on that or do you want me to? >> I could. All right. So, if you're if you're here uh as I announced prior to the meeting, if you're here for the uh links waste and recycling center solutions, that's being carried to our
first March meeting. Uh what's what's the date on that? >> March 19th. >> Oh, it's our second March meeting. March 19th, 2026 at 7 p.m. in this room with no further notice. Uh, is that it as far as correspondence?
>> Yes. >> Okay. Thank you. Any resolutions? >> No resolutions. >> And no submission waivers. >> Submission waivers. >> Okay. So, we have one application this evening. That's for case number SD3025, Judah Burkowitz. It's a minor subdivision with ancillary variance
relief. I met the young lady in the elevator on the way up, so I know she's here. Uh yeah, just make sure it's up to you. You could sit there. That's a microphone or stand, whatever you're more comfortable. Just make sure your voice is being heard because we have no
>> recording going on this evening. >> Understood. >> Thank you. >> Perfect. >> Andy, could you swear her in, please? You swear that the testimony you give will be the truth, the whole truth, and nothing but the truth to help you God. >> I do. >> State your name for the record. Spell your last, please.
>> Donna Bullock. B U L L O C K. >> Thank you. >> Um, for my credentials, I'm a >> You could sit down. There's a mic like right there if that's comfortable for you. >> Yeah, you can move that closer to you if that's that's better for you.
So for my cet credentials, I'm a New Jersey licensed professional engineer. I uh went to um New Jersey Institute Technology and received my bachelor's degree. Um I've been doing um uh presentations uh in front of planning boards and zoning boards in mostly
Mammoth and Middle Sex counties for the PLA past 25 years, 26 now. And um my license is valid and current. >> Thank you. We'll accept your credentials. Are you a sole proprietor or do you work for a firm? >> I work for Morgan Engineering as a a project manager.
>> Gotcha. Okay. Thank you. >> Okay. >> All right. >> Floor is yours. >> So, we um we have a property known as 47 Pine Pinewood Road, Howell, Mammoth County. It's block 65.04, lot 17.04.
It's located in the R2 residential zone. There is a uh the single family uh use is permitted in this zone. Um the existing lot is a 200 by 200 foot lot. It contains um 20,000 uh square foot or
0.46 acres. So in the existing condition, it's an existing interior lot that's located on the east side of Pinewood Road approximately 490 ft south of its intersection with Violet Circle.
The property uh fronts a fully developed road with 30 foot uh wide pavement curve sidewalks along the entire frontage. The property is surrounded by residential use. The existing lot is currently
developed with a split level five bedroomedroom single family dwelling, inground pool with surrounding concrete, block walls, paved access drives, asphalt slab and fence. The dwelling is serviced by an on-site
septic system. Uh the uh which is located in the front yard and a well which is located in the rear property. There uh the property drains from the east to west. There's a high point located in
the rear northeasterly property corner and it drains overland to Pinewood Road to an existing inlet located in the easterly rightway of Pinewood Road. In the proposed condition, we plan to subdivide the lot into two conforming
uh 100x 100 ft lot. Um lot new lot 17.05 will continue to be used as a single family home. The uh new lot 17.06 will be developed at a later date. Um what we intend on doing is remove all
the existing structures on new lot 17.0 06 which includes the ingground swimming pool, concrete, asphalt pad, fence. We uh plan on filing the plat in the uh
county clerk's office um for the new development on lot 17.06. At that time of development, we will have um we will design an on-site septic system and a well on the property. We
will add vinyl fence. Any vinyl fence that's added should be in accordance with the zoning uh requirements. We will comply with residential site improvement standards. And um what we have on our plan that was
submitted shows a 16 foot five 16.5 ft wide roadway dedication. What I'd like to do is amend this portion to ask if we can have a easement instead of a dedication. If we keep it as an
easement, it'll be uh you know an easement will be to the town for road widening purposes. Um, and it will allow the board to um approve a two conforming residential lots. >> Mr. Chair, >> yes. >> Just so you're aware, I spoke with
Justin Yos, a township engineer, earlier today, and I think Andy was on the phone with me, and the township is fine with accepting it as an easement as opposed to dedication to ensure that the the lots would remain conforming in size.
>> Great. So with that said, there's the engineers review letter that um I've touched on a few of the the comments on. Um so basically there is one existing bulk se
variance with this application and it's for a sideyard setback to a deck which is located on the new lot 17.05 5 where the existing dwelling is that 20 ft setback sideyard setback is required and
we have an existing condition of 18.2 ft. As far as um approvals by various agencies from the Mammoth County Planning Board we got a letter of exemption from soil conservation district. We got an approval for the
removal of the existing structures on the entire lot pre-ubdivision. Uh the uh farmers advisory committee had no comment. The shade tree commission had no comment. And we do have a letter from the Mammoth County Health Department which denied the application
because they want to see the uh location of the existing septic on the plan and they want soil logs on the other lot to um prove that it can be developed as well as a layout um to show that that the project will work with the septic
and well design. and uh with the neighboring septics and wells that are on site being in conformance with set criteria. Um with that >> and are you okay with that condition >> for the board of health? >> Yes.
>> Yes, very much okay with it. >> Mr. Chair, if I could th this is relatively simple because it is a conforming minor subdivision uh with the accepting of the dedication as an easement. If it was done by way of formal dedication, the lots would be undersized. So hearing that it is fully
conforming, one of my questions is you have structures that are required to be removed. What is the timing of that as it relates to the filing of the map? >> Well, in my past experience, we would have to have that removed before the filing of the map. Um, and it's a tight time frame. Very tight.
>> So >> So you agree to that? >> I agree to that. >> Okay. So Mr. Chairman, that would be my only concern. You wouldn't want to hffectuate a subdivision. we would end up with a pool without a principal structure on a lot. So, as long as they're going to remove those structures prior to the filing of the map, I take
no issue. Um, outside of that, this is really a minor subdivision with no improvements at this time. Um, other than removal of structures, the development of the vacant lot would be subject to a plot plan review when they come to develop that with a single family home. >> Okay. When when do you plan on doing the
new logs and everything for the for the septic? Uh we we would have to get started like literally set up for the logs when I get in the office tomorrow if this is approved. >> Got it. Okay. >> So there's no sidewalks or curbing to be discussed. >> The sidewalks are there.
>> They're there already. Okay. >> Okay. >> So if uh anyone has any questions of me other you know I'll be happy to. >> Anyone from the board any questions about this one? >> Seeing none. Um >> what's the second lot intended to be?
another single family down the road. Okay. >> But they're not proposing anything at this time. So, as Laura said, at the at such time that somebody wants to come in for that other lot, they would have to come in to the town for a plot plan.
>> Okay, sounds good. >> And we'd also have to get the board of health approval with that one as well. So the soil logs are a good way to get that determined now to to show that a septic is has the um the soils has the ability to handle a septic system as
well. >> Are there any other comments? >> Okay, >> Donna, I'm going to open it up to the public. Does the public have any questions or comments? Please uh come up. Yeah, of course. Come up. Um please just state
your name. Uh for those that weren't here before, I know you just walked in. Um, we're having some audio visual problems today. So, if you could just clearly uh speak into the microphone. Uh, state your name and your address, please. >> Good evening. >> Good evening. >> Passentino. I live at 21 Poppy, which is
directly behind the property in question. >> Okay. >> Uh, I'm sorry. Yeah. >> James. >> James. >> Passentino. >> Can you spell that? >> P A S A N T I N O. >> Thanks, James. My main concern here is I
think the entire project is premature because the health department issue is not with the septic septic system as it stands right now will be on the other lot. It's not going to be fully encased. The one that that services the structure that's there now is presently on the lot
that's going to be subdivided. And the issue that the health department had not only with the soil samples is that that has to be moved because you cannot have a house being serviced by a septic system on another lot. >> They would have to they would have to get board in order for anything that
this board does is going to be conditioned on board of health. So they would have to demonstrate that there's a septic system on the available or an area available for septic on the lot where the house is and the new lot would
have the same issue. >> So it's not premature. They're allowed to subdivide the lot and they're allowed to move forward and and seek permission from the county and the board of health to create a septic system on this lot. I
mean, the zone that this lot is in is a 20,000t lot. They're not creating undersized lots. So, they would have to get permission from the board of health for a septic on this lot and permission from the board of health for a septic on that lot, which they're working through,
which would be a condition of any action that this board took. >> Right. Before the subdivision is approved though, I think they need to know if a septic >> So, that's not how this works. They can come for the board for a subdivision. It would be conditioned upon getting that
approval. If they don't get that approval, then the subdivision is not approved, but they don't have to wait. So, if I could though, Donna, you show septic manhole specifically on the lot where the single family home is. >> Yes. >> Can you testify as to the location of the septic field? Is it in fact located
on >> the septic field? The septic field is straddling the new property line. Those septic tanks that that that is the existing septic tank. It's a 1300-gallon septic tank and there's a lateral that comes out and then it goes south right
past the driveway and then that's the septic field that's there. I believe it's it's 27 by 42 or or something. I did do an open request and I have the existing or at least the design uh the design um that was approved for the
septic when it was installed. And so as similarly with the existing structures, but as Jen was alluding to, then that septic system would have to be relocated before you um perfected this subdivision. >> It will. And prior to coming, I did a layout per the board of health. I showed
the required setbacks for septics, wells, dwellings, and there is ample room to handle a five- bedroomedroom home, a five five- bedroomedroom bathroom, sorry, bedroom septic field within the front property we of the
existing dwelling. I am at the time I get the soil logs for the new lot 17.06, I am also ordering new septic logs for the uh existing lot. And if there happens to be an issue with the soils in that area, then it may halt the project.
>> Yeah. So that I'm going to get soil logs like right away. Like my concern is that it was contingent upon septics being contained in each lot individually. >> Understood. Yeah. Understood. >> So Mr. Chairman, as was um testified to and certainly I would recommend that that be a condition. It's our standard
condition, but they won't be able to perfect a subdivision or create this new lot unless that is met. Correct. That was my concern. >> Okay. >> Thank you. >> Thanks, James. >> Anyone else? >> Yes, sir. Come on up.
>> I live directly across the street. >> Yeah. Good evening. Just please state your name and your address. Right into the microphone, sir. >> 48 Pinewood Road. >> And what's your name? >> George Defazio. >> George, could you spell your last name, please? >> Ei capital F A Z I O.
>> Okay, George. Go ahead. >> Okay. I lived there almost 40ome years, guys. All right. And like I told the news 12 lady, when this incident happened, the only thing on
this road you got to worry about is deer and speeding cars. And you've got them on Pinewood Road. God forbid if kids are out in that road there. I'm just saying. I've lived there. >> Mhm. the septic field that's just been put in there. So, what I gather gonna
have to put three in >> two. >> It would be two. >> Why is that? >> One for one lot, one for the other lot. >> What about the beach field that's on the two blocks? Who's going to put >> that's going to be separated? One on one lot, one on another lot. There's not going to be anything straddling anymore.
>> And sir, that would have to be decommissioned. So essentially what'll happen is they have to relocate the septic system on solely on the lot where the single family home exists right and then decommission the existing septic field. Correct. Then they can effectuate
the subdivision if the board acts favorably and then at that time there would be one septic system and then a second >> septic system on the new lot that is but is vacant under this proposal. >> Okay. No problem. All right. >> Yep. Now, I know they had problems there
when they were trying to sell that house a while ago with soil contamination in the backyard there. I don't know if it ever been remedied or not. There's bad readings there. >> Okay.
>> There's an oil there was an oil tank behind that house at one time. >> All right. >> Yep. >> Uh I guess it's all right. >> Yeah. I mean, if there's any uh impacts, I mean, that would have to be remediated.
>> It was an oil tank. You're saying >> it wasn't above ground oil tank. >> Above ground. Okay. Okay. >> Above there, back behind the main house. Yeah. >> Okay. >> I know they had readings there, testing, all types of testing done for a while there. >> It became quiet.
>> If that was the case, I would imagine um I think the D has to issue a no further action letter when that's cleaned up. You can foyer that. I'm pretty sure. >> I thought I'd bring it up to you. >> No, I appreciate it. Um, if there's an open Do you Donna, do you know if there's any open spill cases on this?
>> I do not. >> Okay. >> I do not know. >> Okay. >> For what it's worth, in my experience, most buyers won't close on a house unless it's actually solved. And I know that house did sell. >> It did sell. All right. But there was questions about >> Yeah.
>> So, I would just suggest, Mr. care if the board is going to act affirmatively on the subdivision that we make a condition that there is a demonstration that there's no open >> Yep. >> remediation issues on the property. >> Yep. >> Absolutely.
>> Also, the water there on the street. I was a little concerned about when they're building the house there, they're going to raise the ground there, which that term I'm going to get a lot more water in the street there. So the plot plan will have to have a grading component to it and the engineering
department here in town hall would review the plot plan and the grading to make sure that there's no negative impact associated with runoff from the actual site onto adjoining properties. But that would be a plot plan issue and
as of right now that's not subject of this application because there's no proposed development on that additional lot at this time. That would be a plot plan issue. If I may, I did testify that the new plot plan for this lot when it's developed will have drywall system
connected to all the roof leaders. So, there'll be less running off the site in the developed condition. >> What about the driveways? >> Uh the driveways will will drain naturally on >> That's what I'm saying. Property. The the plot plan will be reviewed by
engineering for >> because you get a lot of water. >> I Okay. So I I I'm going to respectfully disagree that one house is going to generate a ton of water, but I will under I understand your concern and that's why the plot plan review at
engineering includes review of grading to make sure that things are not sheeting off onto adjacent properties. >> What about sidewalks? >> There's a sidewalk there now and this is a minor subdivision and so they're not subject to fix the sidewalk. That's not that's not required. >> You're going to have driveways there,
right? So sir, what ends up happening is our our ordinance is consistent with the RSIS, is consistent with state regulations. There's a definition for what a major development is. When you prompt a major development, there are certain storm water standards that must be adhered to. Um if during the plot
plan, this triggers that they would be required to have detention. They required quality, quantity, and recharge for two 10 and 100year storm events. Based upon my experience, a lot of this size for the development perspective isn't going to trigger that. So it's not going to be a major development. So
providing the drywalls for the roof runoff, are you correct? Is there going to be an increase potentially in impervious coverage? I mean, they still have to remove the pool, the concrete around the pool. There's things that would get removed, but that would fall to our local code. So that is reviewed to make sure that there's no adverse impacts, but there's not going to be a
trigger in in most cases. There could be, but based upon my experience, a lot of the size will likely not be considered a major development under our ordinance as well as state standards and then would just be subject to. So, what you're hearing is they're going to recharge the roof runoff. They have to demonstrate that the soils would be
suitable for that to occur. That's >> standard. >> Um, but there's no nothing additional that's going to be prompted by the drywall based upon, you know, me looking at the grade. And again, I know that they haven't submitted a plot plan. It does appear as was indicated that this grades towards the rear. Um I think they
had indicated they're going to direct towards Pinewood Road. That those that level of detail would be reviewed with part of the plot plan, but in my experience, this isn't going to trigger a major stormwater development. >> All right. Now, this subdivision, is this happening a
lot in Howell now where you got one acre lots and you could divide it up? >> I would say yes. in areas where the lots being subdivided are conforming. I could tell you hands down that this board has
not approved subdivisions of this nature that create non-conforming lots in terms of area. We've seen a number of them and this board has consistently denied it. Okay, this is a conforming subdivision. So, it's a different scenario, but in
areas where in in instances where we've seen minor subdivisions where the lot sizes of the two remaining lots are under size, this board has consistently said no. >> Cuz this con this subdivision, and I
don't really know why I'm answering to the public that aren't up here because we're not really you can't really do that. This is a conforming subdivision. It's a 40,000 foot lot in a 20,000 foot zone creating two 20,000 foot lots. It's
conforming. >> Okay. All right. I just don't want to have that whole neighborhood built up with >> I get it. This is one extra house on an oversized lot. >> Two extra houses. >> No. One. >> Well, you're going to be >> the existing. No, you're incorrect. The
one house is existing and it's remaining. So, it's one extra house >> right now. >> I don't understand how it could be right now. >> I'm going to put it into this. George, do you have anything else? >> No, thank you. >> Okay. Thank you, sir.
>> Anyone else? >> Yeah. Come on, sir. >> Good evening. If you could just state your name and address, please. >> Sure. Good evening. My name is Tyler Mlan. resident at 19 Poppy Lane. >> Is it Tyler? >> Tyler >> Riley R. >> And your last name?
>> Mlan. MC L A I N. >> All right. Thank you, Tyler. >> My resident, my lot actually is directly behind this uh >> lot number five. So, uh I have a question to you, Miss Bulock. Yes. >> indicated that uh prior to getting
approval that the swimming pool would be removed and also the uh the cont the pavement patio that's there. >> That's correct. >> So do you you know I I can't say if you have a definite time frame. My only concern is um prior to Mr. M Burka was
taking possession of the property there was the house is sat abandoned for many years. So when he took the possession, the pool was refurbished by the previous buyer. And
I believe last summer, I had several complaints with the town with regards to code violations of some of which I still believe have not been cleared. So if they were going to take this out, do you have any idea about how soon it
would happen? because I don't want to live another however many years behind this house with this pool towards the condition it was in when it was actually fixed but it was not used >> and I had come to the town on multiple >> well it's a condition that it's it's got to come out
>> and just to answer your question um sir when you have a minor subdivision you have 190 days to perfect it >> okay >> so if the board were to act favorably there there would be a resolution memorializing it essentially from that date there's 190 days what they've committed to is that this would occur
within that time frame >> 100. Okay. And do we >> sir I I do just want to we do have instances where there's extenduating circumstances where an applicant may seek an extension of time but under a typical course for a minor subdivision there's 190 days to perfect it. What was
agreed to on the record is that existing structures would be removed prior to that as well as resolution of the septic system. >> Okay. Okay. Do we know that that has anything to do this with or have all of the code violations been cleared as of today? >> So, essentially the planning board isn't
privy to the code enforcement violations. Okay. Um I I you know I do recommend you follow up with code enforcement on that. >> Um unfortunately it it's not a document >> we get as part of our review. >> All right. I Okay. Thank you.
>> And if you want a moment if you could look at the plan. >> I have a copy here. >> Oh, you do? So, so you could see that I have put in gray what's going to be removed. So, so they'll be taken away and then this house will remain and then uh we'll take care of the uh the septic fields as well. So, yes, you have a copy
of the plan that shows you what's getting taken out. >> Okay. >> Okay. Thank you. >> You're welcome. >> But it's not it's not developed yet. >> No, if I may approach again. >> You may. >> I just want to give the board some information.
>> Sure. with regards to the oil uh >> of course >> because I was actually involved in the civil litigation that was going on with regards to that. Okay. >> But I know I don't know if the no further action letter was ever issued by the EPA. >> Well, I can tell you this. There's no open case with the D. >> But the there was there were sample wells throughout the property. Okay.
>> Because there was contamination found close to the house in the rear and also in the front where the oil fillup was. >> Okay. >> Like I said, I was involved in the civil litigation that was going on. So I know the EPA was involved and there were there were some sample wells. So just just the board just needs to make sure that that's been closed and that there's
no other issues. I don't think they found they thought at one point there was an underground tank but I don't think they found anything but there was contamination found on the property. >> Can I ask you? >> Yes. >> How long ago is this? >> This is probably about eight years ago. Maybe you're
>> I'm just going to let you know that our our chairman here is an LSRP. So if he says there's no open cases, he's probably >> the the most knowledgeable of all of us. >> I don't even see a spill case, sir. So >> there was definitely, like I said, I know the EPA Well, the EPA wasn't
involved. I can tell you that right now. >> New Jersey, >> the D was involved. I'm sorry. >> Um, and I I'm looking right now and there is no site remediation program identification number identified with this property. I think once they found out there wasn't a buried well, a buried
tank that they they wrapped it up. I know there was some contamination. >> Yeah. So, the way this works, and you know, it's not to go down a rabbit hole here, this is an unregulated tank, right? It was probably heating oil tank, which is unregulated by the D. Doesn't require a person with my license to
close it. They could have put 800 holes in and wells in. If they didn't find any impacts above the state standard, there was no reason to call a spill number in. There's no spill number attached to this site. So, there could have been investigation done, but there's no
there's nothing on this property nor anything around this property that indicates that there there was a release of oil to the subsurface. >> I know I said there was an open investigation. They did sample wells. I just >> Yeah. >> Give the board the information. >> Understood. Understood. Appreciate it. >> All right. Thank you. >> Thank you.
>> Yes, sir. Come on. If you could just state your name and address, please. >> Douglas Lloyd, 17 Poppy Lane. >> Hi, Douglas. How are you today? >> I live right directly behind the property. >> Okay. >> I guess my first question is um the rationale for giving an easement versus um reducing the size of law.
>> Sure. Jen, could you chime in on that, please? >> So, there's a half width associated with the roadway. Um and there's a requirement to provide the opportunity for the town in the event that they need to widen the road. Um, it could be done
by dedication or by easement. I spoke to the township engineer today. They have issued this as an easement multiple times. Um, like specifically in Freewood Acres, honestly, this is not an unusual occurrence. And
so, this is something that he was perfectly comfortable doing. And therefore, it's two conforming lots. We're going to add one additional house to the neighborhood on a 20,000t lot which is conforming under the ordinance. >> And then my um follow-up question is the
removal of the pool and the structures back there. I guess I'm not clear as to when is this time frame. >> So she said multiple times within 190 days. >> So that has >> from the date of resolution >> from the date of resolution. >> So once the board approves it, it's >> uh the resolution could be next meeting,
>> right? >> So it would be 190 days from the first week in February. >> Okay. Okay. And then removal means it's a flat piece of grass, not not piles of debris. >> Well, no, we're not requiring like them to take the stuff off the site, but they have to remove the pool, meaning fill it
in and remove the structure, you know, that will be done and then when they submit to perfect the subdivision, those structures will not be there. It may take them a little while longer to remove the debris. I would say we should maybe included in our conditions give
them three months to remove any outstanding deg debris from the time of resolution and therefore well that's that's 180 days anyway right so like >> 180 days is six months >> six months so >> yeah 3 months may be too close
>> I'm sorry so six months they have to remove the docu the information the structures and go from there but it. The there may be some concrete debris left on the site for a couple of months, but
that's going to have to be removed before any thing happens in terms of the additional lot, what have you. But yeah, they have 190 days to to remove those things.
>> Thank you. Anyone else? Come on up. It's again, George. Now that I think about it, >> okay, >> where that pool is. >> Yeah. >> Where it drops off? You're talking about
10 12t. It's on a slope like that. >> Okay. >> All right. Is that how are you going to fill that in? >> You mean that's going to be >> Well, there's a retaining wall on the site that's going to remain. >> What retaining wall? this retaining wall
that is in back of the existing home and that retains um the upland fill. >> Okay, >> so >> we're talking here, >> right? So when we remove this, this is all one side of the elevation is 132, the other side is 131. So there's a
one foot differential between the extreme sides from the pool and the concrete from left to right. >> What about east to west? But and again from east to west we have 131 down to 131. It's flat. So this whole entire
area will be excavated. It will be filled back in and it will go back to the the existing elevations that we see here. And we will do the same with the p the asphalt pad. The asphalt pad is all the same elevation. When we bring that up,
>> when we remove the asphalt pad, that too will just be graded over with some fill and and it will be left as >> it looks different from where that pool is because it looks like it's a hill there. >> All right. >> Yeah, there's retaining walls in the back. I could see how you could see that as as it being higher in the back. Sure.
>> Because of the pool there, >> right? So, the pool elevations are flat 13. It goes from 131 to 132. So for this whole length of this pool which happens to be 90 ft. >> Okay. >> That whole 90 ft is 1 foot change in
grade. >> Now other thing. >> Okay. >> You got to go on on the microphone, George. Oh, >> please. It's okay. >> Where you got a where property line >> on the microphone, George. >> Sorry. It's all right. >> Property line is there supposed to be the buffer zone there, right?
>> No. >> Oh, yes. >> No. >> No. No. >> There not. >> No. are supposed to been left natural. >> Uh there's no conservation easement or any kind of buffer easement on this property. If that was supposed to
happen, it did not happen. We are where we are. There is no 50-foot dedication buffer, what have you. >> Natural wood lines and the whole bit years. It was all taken. >> So I understand that that's what your
position is, but there is no requirement for that. Sorry. >> Have a good >> You too, George. Thank you. >> Yeah. Come on, sir. Donna, can I make a a recommendation? Um I don't We might
have an ordinance in this town, but as far as when you um remove the pool. >> Yes. >> Do we have an ordinance about certified clean fill on residential sites? We do. It's got to be certified clean fill. Make sure there's >> there's no
>> certainly what whatever's required and we're not going to leave anything behind >> when we go in to excavate the pool. The pool and its debris will be removed at one one action. SEDD asked us to put up silt fence and a tracking pad and everything for this entire removal. So
once the items are are being demoed, we're going to take it off site where it's not going to sit. >> Okay. Yeah. Yeah, I just want to certify Cleanville and just make sure it's geotechnically sound with what the the soil conditions are there now. >> Okay. You know, >> certainly. >> Thank you,
>> sir. Could you please state your name and your address? >> Hi. Hi. Uh Gary Thurman uh 15 Violet Circle right around the corner of the uh proposal here. Um been a resident here in How for 20 over 20 27 years.
Guess I have more of a a little bit of quick commentary. Um, so a resident comes in, buys the existing home, and they see there's a large lot there, and their plan is, well, I'll buy it, and I'm going to subdivide it or divide in subdivide, whatever the word is. Um,
so that doesn't preserve the the the lifestyle of how of living here. There's been a lot of building overgrowth in my opinion after 27 years. um it's not benefiting the community by him splitting up his property, building another home. Right now, he's going to
put another single home. After he gets approval tonight, what's to say 6 months from now when he gets the land cleared and the pools removed and it's uh everything is clean, he's going to say, "Well, you know what? Maybe I don't want to sub. Maybe I want to put a two family house there." Is that possible?
>> You can't do that. >> Is that possible? I'm just saying, is that possible? No. >> I'm asking a question as a citizen. I understand, but that's not permitted and that would not be possible. >> Is it not possible? >> No, it's not possible. >> Why? >> Zoning doesn't
>> It's not permitted. >> Zoning the zoning. >> It's not a permitted use. It's a single family zone, 20,000 square ft. >> Now, I I will keep an eye on this property and see what happens. >> It happens in other towns. It's happened all around how I think I think
properties are getting smaller. If it does happen, you should yes, you should contact code enforcement because that's not permitted. >> I'm trying to protect the lifestyle and and the the way of life that how has slowly, not even slowly anymore, it's gradually slipping away. Another house, someone
has to take a stand somewhere and say, "No, let's keep things the way they are." It's a quiet street, semi- quiet street. Um, it's just it's just a shame that the the uh the nature of the town is changing. so rapidly and not in a good way. Um,
after 27 years, I'm very disappointed and and you know, it's just getting to be too much overcrowded. I don't think it's necessary. Um, the owners that move in obviously had it in their mind, we'll buy this house a year later. We're going to divide it. We're going to put more people in the neighborhood. We put more
people in the school system if they go to the schools, whatever the situation may or may not be. Um it's it's just a a a board like you, the committee like this, the planning, the uh the zoning board is to protect all the other citizens, not just new people moving in
or businesses. We want to sustain the life that we have here, you know, knowing our neighbors. I mean, it's not just can we squeeze another person in on on the approved 10,000 foot lot, whatever it is. It's about preserving a way of life and it's slowly slipping
away. Don't let it happen like other developments, the other towns in the area of New Jersey. This is the problem with New Jersey right now. Um I I'm It's just not a good situation. I I don't feel proud knowing that a house will be put here, a house will be put there just
because supposedly it's you know it's not growth. It's not positive growth and I'm very disappointed in everything. That's all I have to say. Thank you. >> Thanks. >> So, Mr. I just want to make the record very clear.
>> The site is in this is not this is not addressing you. We're like this is addressing them. So I'm not we're not going to go back and forth. >> No, we don't have to. >> No. >> So the zone this the site is in the R2 zone. That's a 20,000 foot zone.
>> The site is 40,000 square ft. >> Maybe that should be changed. So, at the end of the day, a subdivision of creating two 20,000 square foot lots is >> allowed under the zoning. The zoning is not requiring things to stay as is
because it is saying it's a 20,000 square foot zone and this property owner owns 40,000 square ft. The subdivision is conforming. So, I just want to make that abundantly clear. This is not a use variance issue.
This is not a zoning board issue where someone's trying to put something that's not permitted. It's a minor subdivision conforming allowing one additional single family house. Nothing else is permitted on that property. So, if anything else happens there, that's a
code enforcement issue. It's a zoning violation. It is not allowed. >> No. Understood. Um, and and while I appreciate you coming up and and voicing your concerns, um, I just want to make it abundantly clear, um, Ron used to do a very nice job of this, of what this
planning board does and can and cannot do. Um, we're not here to like applications. We're not here to dislike applications. whatever you may or may not believe, whatever the social media keyboard warriors want to think we do.
Um, we're here to look at applications objectively and see if they conform to the municipal land use law. Period. Okay? We're not here to say we like it. We're not here to say we don't like it. I'm sure every one of us up here have
voted for things that we don't like. And if it's in comes to in front of the planning board and the people put on a good application and it's inconformance, we don't have the right to deny that application. In this instance, this
person is not doing anything wrong. Like it or hate it, this is a conforming application. If you have other issues outside of our jurisdiction, this is not the where you voice your concerns. You you take it to the town
council. Um and I listen, I'm a person I've sat up here a long time. I love that the public shows up to planning board meetings. I wish more people like yourselves come and and have conversations with these with these applicants. I think it's a very good thing to have an open dialogue in this township. Um, but I just want those
folks to know what we can and cannot do. George, >> third time's a charm, my friend. >> Just pop in. >> Not a problem. >> On this property prior to Mr. Burkowitz,
>> the rumor has it. >> Well, if it's a rumor, I don't want to hear it. George, >> that this property was tried to subdivide it before it was denied. You got any truth in it? >> I haven't seen an application to that. >> I mean, I've been up here close to 10
years >> and I don't recognize this property in So, if maybe in the 90s in the early 2000s, I I don't >> years ago. >> No, a few years ago. No, >> definitely not. >> Oh, by the way, that oil tank was above
ground. >> Yeah. >> Yeah. >> It's still unregulated. >> Unregulated. Um I don't Jen Laura I mean I this doesn't ring a bell to me. >> Somebody had said something to >> No. That also would have come up when the application >> Yeah, of course. Yeah, that's true.
>> There was records and of a prior >> Yeah, we would have had something on the record about this. >> Okay, thank you. >> You're welcome, George. >> Yeah, of course, sir. Come on up. >> Take your time. We don't need anybody pulling a hammy
>> in response to your comment about uh you know everybody wants to be treated fairly. >> Okay. So, um upon me doing my due diligence and me primarily being >> directly affected by this, >> of course,
>> I understand that prior to all of us residents that live there now, that land was farmland or it was woods. >> Mhm. So pretty much at some point what's happening here tonight 29 years ago, 27 years ago had to happen where the planning board had to come to an
agreement to subi subdivide where we are now the current where those houses were not where we live. >> Mhm. >> So I'm not saying that Mr. Burgitz is not allowed to do whatever he wants on his property. That's not my concern.
I personally, excuse me, amount of sever several thousand dollars of my personal money since he's took possession of the property >> and I have documents about a fencing and and on on the the map that you show here where he wasn't sure where the property
line was. >> Mhm. >> So, let's be clear. I'm not here to to make arguments about what he can or cannot do. >> Understood. And I don't think it's fair how how uh I don't know her name, how she's addressing us as taxpaying citizens
here. I think her demeanor is a little bit offensive when we ask questions and the response is a little harsh. So it's not we're just trying to see what's right, what's fair. >> Understood. >> So it's not like I said, I can't tell him what or what not to do. >> Yep.
>> But however, I have encountered a lot of issues since he's taken possession of the property. >> Yeah. And sir, I I get it. I completely understand where you're coming from. I I I wish the planning board here could do something for you, but I I quite honestly >> I think you need to take this to an
elevated matter within the town >> because when you say go to the to the uh code code department, code enforcement, yes, I wish I have been. >> I met with Don uh Aguire >> McGri >> with McGrier. Okay. He came out and he saw several things that was wrong which
I know still haven't been addressed. So when you say go to the to the town to the code enforcement and nothing is done, >> when when was the last time you had correspondence with him? >> Uh probably this past Well, he's out sick now. >> So I know he's out he's out ill, so I
haven't >> Once I brought it to his attention, he came out the next day. >> Yeah. >> And they were issued to code of summers issued. >> And how long ago was that? >> Probably last last uh summer. >> Okay. So whether or not they're all closed, I know for a fact that some of them can't
be because some of the things that should have been addressed has not been addressed. >> Mr. Chairman, we try to make a recommendation and attorney will tell me if I'm wrong. But if the board were to act favorably, couldn't we impose a condition to ensure that all code enforcement violations have been rectified?
>> Well, is isn't that was my question before, Andy. >> Don't they have to do that to perfect the >> Isn't that a condition regardless, though? It should be, but I don't know that we always we don't always know, right? So, since we're hearing I'm sorry, since we're hearing testimony that we've had open issues and we've had
dialogue, >> I agree. I think especially >> in my personal I I believe everything you're saying. I believe everything you're saying. >> Maybe we could just confirm with the applicant. Donna, would that be as far as um we of of course none of us here know the extent of these code
enforcement violations, but would you or perhaps discuss with your client that um another condition of approval will be closure of these code enforcement violations? >> Certainly, I would be glad to and I'm sure that whatever it takes to make it right, he will he will do that.
>> Okay. >> Thank you. >> We'll put that as a condition. So what you're w what you're going to hear is that so we're going to put that in the resolution. So as a condition of approval they're going to have to abate all code violations. >> Okay. >> Okay. So they won't be able to proceed
with the any of you know with the per to perfect this. going to have to deal with all code stuff. >> And and sir, what happens on a minor subdivisions? Typically, when an application's approved, it's it's reviewed for what's called resolution compliance by the board professionals.
Minor subdivisions because of the tighter time frame to file those maps. It's actually done by the in-house engineering department. Okay? So that's the entity that you're going to want to follow up on to ensure hey I know if the board acted favorably I know there was a condition
and you're you should see one that everything be rectified >> back to the engineering department here at this >> that is correct the in-house engineering department will review the subsequent documentation to ensure compliance with the action taken by this board. Okay, thank you. >> Thank you. >> This will actually hopefully the result
of this process will result in the property coming into compliance because the applicant wants to improve the property. >> Yeah. >> So that will hopefully, you know, assuage your and your neighbors concerns. >> Okay, I'm going to stop at that because
I don't want this to be drawn off, but there's, like I said, there's a lot of things that that are being said here that are not true. I have documents, proof and pictures that support what I'm saying as far as what was discussed here, but I'm not going to get into that and it's not my position right now. Make it be clear
what what I just mentioned then. >> Yeah. Uh, one of our members has, Mr. G. >> Uh, okay. Uh, just to, you know, put on record that the demolition permits are required for as far as the buildings go for from building department. No.
>> So, I think the building department is going to require demolition permits. >> Okay. >> For the pool, for the different buildings. Yes. >> And that should take care of that part. But that actually should also take a part your your um your concerns with your violations if these pools and these violations for the pool are going to go away with the demolitions.
>> I don't think we need to put a condition on the >> Well, you you say you don't need to put a condition on it, but there is such thing as code built codes and code enforcement. Correct. >> Yes. So if I bring it to the township, the code department and prove to them that there's violations, but it hasn't
been rectified. You guys, the township has the rules in the codes established, not me. So if I bring it to your attention, >> and it's not corrected. >> Are these violations directly related to the pool? >> Yes. >> Fencing. >> But the pool's going to be gone now. >> That's what I'm saying. That should
rectify your problems with with code enforcement. >> There's going to be a trail for paperwork trail for UCCc permits. to permit to demo the pool and that should take care of could actually abate your violations through your code enforcement. >> Mr. Gamble or Mr. Greenfield, are is
there electronic record of open code violations in How Township for the public to see? >> You'd have to do that by way of Oprah. >> Oprah Oprah. Yes. >> Is that there's not like you there's no just OPRA. >> You'd have to submit an Oprah because you don't own that property. So, you'd
have to submit uh an Oprah document. >> Okay. I know some towns you type in block lot and it'll boom boom open violations. >> I don't >> sometimes through the spatial process. I I don't know that how operates on spatial. I'm familiar with that in other towns. Okay. >> I do know what you're talking about. You
could see some violations, >> but realistically the best and I think approach is in Oprah. >> Okay. Um well sir, I I appreciate your time and and thank you. Um, and I would I would certainly if you had no
correspondence with um code enforcement since summer 2025, maybe poke the bear a little bit. Can't hurt. I I listen, I can understand you're probably frustrated at this point, but you know, >> not only frustrated, like I said, I'm out of several thousand.
>> Yes. >> Well, this is free. Just poking the bear is free, so you know. >> All right. Thank you. Sorry. >> Anyone else? George, >> I know. >> Come on down.
>> Now, they're going to build it your septic tanks. Two of them. You're going to have to redo them. Now, you're going to put in two new wells, right? >> Well, my understanding is, this is my understanding, and I think I have it right. There's an existing septic.
They're going to have to remove decommission that septic and then put a new septic for the existing house with a well that's going to not move. Correct. >> Correct. >> And then for the new lot, they're going to have to put a new septic and a new well. >> Yeah, but your well's got to be 100 foot
from >> that. That's all board of health. That's Mammoth County Board of Health. Am >> I right? >> You are right. You are 100% right. Mr. Chair, >> but that's Mammoth County Board of Health. >> Okay. >> That's not planning board. Just cuz I have a new well put it been through. >> Understood. >> All right. Thank you. >> If I may, ju just for for clarity for
the public, >> if if the board of health declares that they can't move forward because a septic system and a well will not fit on the property and they deny it, that that condition of approval means that the
property will not go further through with this subdivision. Like just so everyone's understanding that. All right. Thank you. Anyone else? George, you good? >> I'm fine. >> All right, buddy. All right. I'm going
to close the public portion. Donna, do you have any closing remarks this evening? >> Thank you for um hearing the only one and only of >> No, of course. Thank you. >> Feel honored. >> No, absolutely. Thank you very much. Um,
do we any planning board members have any final questions? Laura, Jen, do you have anything else? >> Okay. Um, members of the public, thank you very much for for coming out. Um, again, I I I like when the public comes and ask questions, and all of them were
good. Okay. At this time, I will entertain a motion. Um, it's either going to be a motion of approval or a motion of denial. A motion of approval will include several conditions
um including the uh well logs um let's call them the geotechnical logs for for the septic and the well I guess um on the new lot uh the closure of code enforcement violations that are open
and um I guess that's it right >> the removal of the existing improvements within a short period. >> Well, Donna said that they were going to you were going to do that like as the pool was demoed, you were hauling it right away, right? >> Yes. >> Okay. >> And the other condition would be they're
they're easements now and not a dedication. >> Easement, not a dedication. Correct. >> Okay. So, I will entertain a motion. >> I'll make a motion to approve >> with all conditions. >> Mr. Mercer with the motion. Do I have a second? I'll second.
>> Mr. Carbonic. Roll call, please. >> Mr. Freriedman. >> Yes. >> Mr. Gimble. >> Yes. >> Mr. Greenfield. >> Yes. >> Mr. Carbonic? >> Yes. >> Mr. Mercer? >> Yes. >> Councilman Reubel? >> Yes.
>> Mr. Wetco? >> Yes. >> Miss Core? >> Yes. >> Chairman Huzer? >> Yes. >> Motion carries. >> Thank you very much. >> Thank you, Donna. Uh any master plan update, Jennifer, Crystal? Uh >> so we had a very brief master plan
subcommittee meeting prior to this um this meeting and we are going to be looking at certain sections of town and the existing zoning and whether or not we want to make some recommendations to modify the zoning in certain sections of
town. So we are going to be continuously working. There's nothing that this board has to take action on. I would say we're going to be that's for the February meeting. We'll probably have >> April, May, >> April, May, like a report back based on
what we're doing. And then at some point, we're looking to do a re-exam uh zoning changes that the committee is looking to implement >> or looking to recommend to the governing body. >> Good. Move it. Uh, I don't think Andy,
there's no reason for executive session at this time. >> None tonight. >> Okay. All right. I will entertain a motion to adjurnn at 801. >> Motion. >> Motion by Councilman Rebel. Do I have a second? >> Second. >> Mr. Mercer. Thank you everybody. Thank you.