Heat. Heat. Good evening. Zoning board of adjustment meeting Monday, December 22nd, 2025. I hereby declare this meeting of the Howell Township Zoning 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 2nd, 2025, a copy of said notice was emailed to the Asbury Park Press and the store ledger. Second, on January 2nd, 2025, a copy of said notice was handd delivered to the clerk
of the township of Howell. 3 on January 2nd, 2025, said notice was posted in the office of the zoning 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 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, Eileene. Could we have a roll call? >> Yes, you may. >> Mr. Burillo has been excused. Mr. Caner >> here. >> Mr. Hughes
>> here. >> Mr. O'Donnell has been excused. Mr. Orosco >> here. >> Mr. Ryan has been excused. Miss Scottson >> here. >> Mr. Cabarokus >> here. >> And Chairman Mertens, >> I'm here. >> You have a quorum. >> Okay. At this time, I'd like to ask
everybody to rise for the pledge of allegiance. >> I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and
justice for all. Okay, Andy, could you swear on the professionals? >> Yes. Do >> you swear the testimony you give will be the truth, the whole truth, nothing but the truth to help you guide? >> I do. >> Please state your names for the record. >> Charles Kliff,
>> Michael Shafi. >> Professionals are sworn, Mr. Chairman. >> Okay. Thank you, Andy. Looks like we have some minutes tonight. Um the first one is the reorg and regular meeting January 13, 2025. Eligible
voters Burillo, Caner, Hughes, Odano, Oasco, Ryan, Wisconsin, Kabarakus, and Merens. Do I have a role? Uh do I have a motion? >> I'll make a motion by Mr. Hughes and Marie. Second. Roll call. >> Mr. Caner? >> Yes.
>> Mr. Hughes? >> Yes. >> Mr. Arosco? >> Yes. >> Miss Scottson? >> Yes. >> Mr. Cabarokas? >> Yes. and chairman Mertens. >> Yes. >> Minutes are approved. Thank you. >> Okay. Next one is regular meeting March 24th, 2025. Eligible voters Burillo,
Cancer, Odono, Orasco, Ryan, Scottson, Kabarakus, and Merens. Do I have a motion? >> I'll make a motion. >> Mr. Caner, >> second by Jose. Roll call. >> Mr. Caner. >> Yes. >> Mr. Arasco. >> Yes. >> Miss Scottson?
>> Yes. >> Mr. Karakas? >> Yes. >> And Chairman Mertens? Yes. >> Meeting minutes are approved. >> Okay, good. Next one is regular meeting May 19th, 2025. Eligible voters Caner, Hughes, Orasco,
Ryan, Scotsson, Cabaracus, and Merens. Do I have a motion? >> Motion. >> Motion by Amarie. >> I'll second it. >> Second. Second by John. Roll call. >> Mr. Caner. >> Yes. >> Mr. Hughes. >> Yes. >> Mr. Arosco.
>> Yes. Missson, >> yes. >> Mr. Kabaracus, >> yes. >> And Chairman Mertens, >> yes. >> Minutes are approved. >> And the last one is July 14th, 2025, regular meeting. Eligible V voters, Verillo, Caner, Hughes, Ryan, Scottson,
Kabarakus, and Merens. Do I have a motion? >> Motion. >> Motion by An Marie. >> Second. >> Second by Mr. Hughes. Roll call. >> Mr. Caner. >> Yes. >> Mr. Hughes, >> yes.
>> Miss Scottson, >> yes. >> Mr. Kavarakus, >> yes. >> And Chairman Merren, >> yes. >> Minutes are approved. Thank you. >> Okay. Do we have any correspondence? >> Yes. I received an email from Ken Pap, the attorney for case number BA2506,
Jacob Eli. That's on tonight's agenda. He asked that the board please take jurisdiction and carry the application to January 26, 2026 with no further notice. and he granted the board an extension a time through January 31st, 2026.
>> Okay. So for that meeting uh for that application, it will be heard on the 26, 2026. So anybody here for that? That will be the rescheduled date and we do have the extension of time. Okay. Anything else? >> Uh yeah, earlier uh just before the
meeting actually, I sent links out for the RFQS for board professionals for 2026. >> Okay. Uh that email does not go to anyone whose term is up. So if you're up for renewal, you did not get that email. Uh once I get the approval from the
clerk that you've been reappointed, then I can send you the links for that. >> Okay. >> And from what I understand, the way the purchasing agent sent out everything, there may be one other person on that list, but I didn't have a copy of their proposal, so I couldn't send.
>> If I have to update it, I'll let you know. And that's all I have. >> Okay. But would the two Matt and John would if they're reappointed, that's not going to be till the reorg, >> right? But that's January, early January
and then we don't meet again till the have time. >> Okay. And that's it with correspondence. >> Yes. >> Okay. Okay. Resolutions before the board tonight. Case number BA24-20,
Julie Rich LLC. Resolution granting use variance C variance and preliminary and final site plan eligible voters Burillo Arasco Ryan Scottson and Merrens. Do I have a motion? >> Motion.
>> Motion by Amarie. >> Second by Jose. Roll call. >> Mr. Arosco. >> Yes. >> Miss Scottson. >> Yes. >> And chairman Mertens. >> Yes. >> Resolutions memorialized. Next one is case number BA23-24
Christopher Capascus resolution granting extension of time eligible voters Villo cancer oddonnell Ryan Scottson Karakus and Merrens do I have a motion? >> I'll make a motion that we approve that
>> motion by Mr. Caner. Have a second. Don't be shy. Second. Second. >> Roll call. >> That was Mr. Cabar. Thank you. Uh, Mr. Caner. >> Yes. >> Miss Scottson. >> Yes. >> Mr. Kabaracus. >> Yes. >> And Chairman Mans.
>> Yes. >> Resolutions memorialized. >> Okay. So, we have um two more resolutions. Wow. We got a whole bunch of them tonight. >> Yeah, we do. >> Okay. Case number BA25-11.
George Frey. Resolution granting bulk variants to construct a sing single family dwelling on a undersized lot. Elbow voters, Burillo, Caner, O'Donnell, Ryan, Wisconsin, Cabarakus, and Merens. Do I have a motion?
>> I'll make a motion to approve that resolution. >> Motion by Mr. Caner. >> Second. >> Second by Anmarie Roll. >> Mr. Caner. >> Yes. >> Miss Scottson. >> Yes. >> Mr. Kabaracus. >> Yes. >> And Chairman Mens. >> Yes. Resolutions memorialized.
>> And last resolution tonight is case number BA25-14. Ralph and Gerald Dean Martinez. Resolution granting V bulk varants for side and rear yard setbacks. Eligible voters Burillo Caner O'Donnell Ryan
Scottson Kabarakus and Merens. Do I have a motion? >> Motion. >> Motion by Wisconsin. >> I'll second that. >> Second by Mr. Kabarakus. Roll call. >> Mr. Caner, >> yes. >> Miss Scottson, >> yes. >> Mr. Kabarakus, >> yes. >> And Chairman Martins,
>> yes. >> Resolutions memorialized. Thank you. >> Okay. Applications before the board tonight is case number BA22-03A, Hutton, How NJ State LLC.
Amended preliminary and final site plan with bulk variances. application to Hutton Hal NJ State LLC as applicants and owners seeking approval to demolish the existing building and construct a 4,643
square foot car wash building with associate improvements as approved by the board in 2022. would propose changes to prior approval, including shifting the car wash building from southern side of the property to the northern side and relocating the
proposed site access driveway from Route 9 to the Walmart site driveway on Highway 9. This application was originally scheduled for November 24th, 2025 when it was carried to December
22nd, 2025 with no further notice. Expiration March 12th, 2026. Good evening. >> Good evening, Mr. Chairman. >> Good to see you back. >> You as well. Uh, good evening, Mr. Chairman, board members. My name is
Christopher Burr. I'm with the law firm Deluca Lewis and Burr. Uh, I'm here tonight representing the applicant and owner, Hutton Howell NJ, and JST LLC. uh the owner of of the property at 4880 Route 9, which is block 74, lot 8. Um this property um is currently improved
with a vacant uh Garden State Sign Company building. Um it's approximately 1.35 acres. Uh this site was previously approved in 2022 for a Modwash Express car wash uh by this applicant. Um at that time that approval consisted of a
use variance as well as as a preliminary and final major site plan approvals and uh bulk variance um relief. Since that time the town's ordinance has been updated such that uh conditional um pardon me that conditions for the
previously conditional use have um been enacted and this application does comply with the conditions in the ordinance. So as a result, the uh use is now permitted in the zone and at this property. Um we are back before back before this board tonight because the board uh retained uh
jurisdiction to hear the amendments to the site plan that we are proposing as the chairman um mentioned during uh the introduction. We are proposing to essentially flip the site to move the building onto the other side of the site for um and our professionals will go
through the uh changes that we are proposing to the site plan. Um, the application does include a few bulk variances. I'll allow our professionals to go through those in in more detail, but the variances that we seek relate to accessory accessory Yeah. accessory
structures in the front yard, um, retaining wall height, signage, and um, architecture. Um, those will be discussed in more detail by our professionals. Um we have uh uh pardon me three professional
witnesses uh tonight. Our engineer Avitz from Sto from Stonefield Engineering, our traffic engineer John Kovak also from Stonefield and our planner TJ Reichi also from uh Stonefield as well as uh Josh uh Lian, a a representative of the applicant u to to provide
operational testimony as to the proposed use. Um, so with that introduction, um, I'm not sure if the board I would prefer that we, uh, >> yeah, we'll we'll we'll get everybody sworn in and then they can do their credentials as they come up.
>> So, I would just have the professionals come up by council that's possible. Do you uh affirm that the testimony you'll give will be the truth, the whole truth, nothing but the truth? >> I do. I do. >> Okay. State your names for the record. Starting >> Could you just come up to the mic, too,
though, so we can get you on the record, please? >> Left to right. Yeah, it's great. >> My name is Thomas Reichi. Last name is spelled R I CCI. >> Afton Savitz. First name AF T O N. Last name S A V as in violin. It TZ
>> John Cororak last name C O R A K. >> Professionals are sworn. You're ready to proceed. >> Thank you, >> Mr. Chair. I'll just jump in again. So, this site was already approved for this use on this property. when they were
here last time, um the township had car washes as a conditional use, but didn't actually have any standards. So, there wasn't any standards to be met, so they needed to use variance at that time. Now, car washes are conditionally permitted use. The two requirements are that it needs to be situated with frontage on Route 9 or Route 33. This
property is on Route 9, so they don't need a use variance. All we're here is to talk about site plan. They've modified the site. You heard um Mr. Bird talk about they shifted the building, so it's now on the north side of the property. They also modified the access. Previously, they had a uh ingress egress from Route 9. They've now reconfigured
the site to have ingress egress from the driveway that services the uh the Walmart. So, we're really just talking about some relief that's been generated with reconfiguring their site um with the use that has been approved. And just a quick catchall, so um last time they
were here, there was representations on hours of operation and how the use would function. you know there's bug wash all these things that were a little bit nuanced to mod wash in their operations nothing's changing with this application correct >> that is correct >> all right so I'll let them get into their engineering test >> okay and that was back in 2022 is what
you're referring to is that we >> correct so so I would say is the applicant's representation anything that was agreed to as far as conditions with like operational that would all still if the board acts favorably that would be carried through with this approval >> yes all the conditions of the prior approval and all of the operational
testimony from from the last approval all still apply. >> Okay. >> Also, go ahead. I'm sorry. >> Yeah. >> If there if this is an approved use, is there >> just wonder why we're >> So, there was a concept plan meeting with um the director of community
development and then al obviously the board professionals. uh a determination was made at the time even though the use variance was no longer required that since this has already been seen by the board and approved by the board and there was you know at least one hearing on this um it would be best to stay with the zoning board just for consistency uh
so we didn't have to rehash before a whole new board all the things that were testified to previously >> sounds good thank you >> the obvious question is Walmart agreeable to the entrance through their driveway >> that would we'll leave it to Mr. B, that was a question in my review letter, but that would be something that uh they're
going to have to provide proof that they have rights to that. >> Okay. So, we'll need to get her qualifications on the record. >> Absolutely. Aan, can you take the board uh just through a brief overview of your qualifications, please? >> Sure. Can everyone hear me? Okay. >> Yes. >> Great. >> Thank you.
>> I earned a bachelor of science in civil engineering from Bucknell University. I've been practicing in the field of land development with a focus in civil engineering uh for over 10 years. I'm licensed in the state of New Jersey and my license is in good standing. >> Okay. Thank you. We accept your qualifications.
>> Great. Thank you. >> Right. So, go ahead. >> And I believe there were some exhibits um previously submitted to the board that are available for virtual presentation. >> Yeah. So, um uh for the aerial or the rendering? >> Um I'll I'll touch on the aerial exhibit
first for that's A19. >> A 19 please. Perfect. >> Yeah. So, I'm sure I'm sure everyone's familiar with this site due south of where we are right now. If you hop across Route 9, the red double dash box
is that of the site um the property uh before you this evening. And what you'll notice off the bat is the shape of it. It's not exactly a parallelogram uh but that is the boundary of it with Walmart immediately to the south. Um as mentioned this is address 4880 Route 9.
The site is just over uh 1.3 acres. The zoning district is the highway development one district and it's surrounded by properties within that district on the two or three borders that you see that omit route 9. So to the top there's a mixed commercial use
under existing conditions there's Duncan um as part of that development and then immediately to the left hand side of the page or that of um the west and to the south that's all of the Walmart subject property. It wraps around this property a little bit. You'll see the development
to the south and then that somewhat X shape in the dirtike aerial view um is their storm water system that this site backs up to. In terms of the general location, I'm sure we're all familiar having driven here. This is a general
commercial uh corridor uh in the township. So, the application before you this evening that of a car wash is consistent with other commercial uses. We're not abuting a residential district nor any residential use. In terms of access, so you can tell pretty well in this aerial where there's some of the
the light color tan uh that thank you that intercepts Route 9. And there couple driveways that exist today. As part of the application, those will be closed off. Uh this application previously had a permit with DOT for access on Route 9. We're currently
seeking a permit to close those driveways and consolidate with cross access to Walmart. Um to answer the board's question about Walmart, this applica, this applicant behind the scenes has been working with Walmart. They didn't want to come before the board with some access that could not be
solidified with that party. So there is there are access agreements in place being finalized with Walmart specifically that we'll certainly provide to the board for that record. >> That would be contingent on the approval. >> Yeah, it would be a condition of the approval and then it would have to be I would think recorded um with the
resolution or by deed on the property as uh an encumbrance because if that went away then they would have no legal access. >> Yeah. So >> absolutely and certainly we would be agreeable to that condition. >> Okay. Thank you. >> And what you'll what you'll notice again with this the shape of the lot. So, the frontage, there is an existing
nonconformity for the lot frontage just shy of 200 linear feet. Uh, we're at 190.4, but you can you can tell it grows as you head to the left or that of the west. So, for reference, we will show a colorized version of what we're proposing, but that existing
non-conformity is for a small portion of the lot. the for reference a front yard setback um for this project once you get to that that distance the remainder of it is 200 feet or more in addition topography there there are some grade
changes may not be evident based on this aerial but if you were to drive into Walmart today look to your right where we're proposing access there's a burm similarly if you were to walk the property to the lefthand side there's also a burm or a a
say dome but I don't think that's the best reference, but a grade change, something that transitions from one property to the to the other that this application, this design has to combat. Similarly to the north, the subject lot sits higher than that. So there's again
grade change every every which way with the exception of the driveways as they exist today. In addition, um the existing site previously in operation, there's no storm water system. There's no curbing along Route 9. There's no sidewalks. Um
utilities, they're previously servicing these buildings. Um all of those utilities will be abandoned as part of this project. And as as council mentioned, the building will come down. So I will flip now to show you what we're proposing. This would be A20.
>> A20, please. >> The color colored site rendering. So, your numbers are a bit off. So, that was a 15. This is going to be uh You want the elevations or
>> they I'm sorry. >> No, >> no, you're in the wrong one. Get it back. >> Which one do you want? >> For reference, this is the the previously approved layout. Just hold on. >> Technical issues. >> It'll help. This is laying the groundwork for
>> There you go. Now, >> are you showing the right site? >> 20 colored site. No, probably not. But it probably didn't change. >> All right. My apologies. >> Yeah. So, >> this is A20. A >> perfect. So, this is this is a color
version um of the site plan. If you think about it, all the sheets that we've submitted to the board, if you were to layer them on top of one another and add color to them, it's showing what's being proposed. What you just saw was the prior layout. And the main change, as the board engineer alluded
to, is that the access for this site is now concentrated on the lefthand side. We've rotated things. So, south is to the left, route nine is to the bottom of the page. In addition, the building slides over because now we don't have to utilize the Route 9 frontage or take
away any of that lot width from aiding the development. When you think about this project and you drive in off of um the Walmart entry point, you're coming in and you're yielding to your right as you enter this site. Um you are
circulating in this counterclockwise um pattern where you're approaching the far side of the building. The building is the longitudinal somewhat yellow color. Um, as as mentioned, just shy of um 4,650 square feet. So, as you drive
into the site, there are a couple parking spaces immediately. Um, to your right, there is an option for a bug wash prep as mentioned in the previous application, but you keep to the right hand. This is oneway traffic flow. And then you are transitioning um to the
right hand side of the building. These are pay stations. This is where you pull up. There are three lanes where you have a digital screen that you um pay for the car wash desired before converging into one lane and then entering the tunnel. So now we're at the top of the page.
We're still single one lane um or one direction particularly and you're entering the tunnel to the top before exiting to the bottom and then you're making your way into the vacuum spaces. So, it's somewhat of an S-like circulation for this site, which is an
improvement from what we previously proposed where you're accessing it from Route 9. You're going right into that that pay station, that queuing. It helps everything get segregated. Um, it also helps from a queuing standpoint in terms of alleviating that from the Walmart or
that driveway access. In terms of the bulk standards, just again in comparison with that prior application, we previously had yard setback uh variances really trying to to fit everything in with that driveway. So the proposed design does comply with all
of the yards, the front yard setback, the sideyard. Um building height remains the same. Again, the building is just shifting over. We did uh council did touch on accessory structure variances. We do have some accessory structures where previously the vacuum producers
were in the front yard. Those are slid back now. Uh but we do have that of a transformer. We do have that of um bug wash which prep um that are located between the front the building and the front property line those shielded from
a landscaping standard. >> So and I think we also cited that the refuge enclosure was technically an accessory structure. It's the driveway coming off Walmart. You make that quick right. Yeah, it's it's right there. So that's slightly further towards the rightway to Route 9 than the building.
So we said it doesn't need relief, but you can see in the rendering they're providing a significant amount of landscaping around that. So that should help soften that. So and then the other one is bug wash. I think last time we were here that's like they can get like handheld things to like clean bugs off the grill of the vehicle and things like
that. So I mean we're not talking about it's a structure but it's not something substantial. And then you said there's the enclosure for is this for the water or the electrical? Where where is that? >> It's a transformer. >> Where is that? >> It is uh at the bottom right hand corner
of the building immediately in front of that. Yes. >> Okay. >> There's some landscape screening in front of it. >> Again, just based on the distance from the right of way. >> And then how about I know we I think we brought it up last time. Um like a hot box enclosure for water. Is have you vetted that out yet?
>> So that is a good question. um this application the benefit of time is that we have progressed our applications with outside agencies. So NJ has has bid they have construction documents to extend the main for this property and at this at this time hotbox is not required.
>> Okay. I would just say um if in the event that the utility company changes their mind and does require a hot box, I think we should grant them the relief for it to be in the front yard and just say it has to have adequate screening to soften it from the rightway. And then um as part of the prior approval, do does
do you guys have American Water and this um Mercer approval for the off-site water and sewer? Is that like all buttoned up or where you at with that >> water? We have approval. Um we reached out recently. Uh we had the local resolution passed for sewer. We reached
out. That does not have to be repassed, but we have to um progress towards our DB treatment works. >> Okay. And then I think with the last approval we had a comment in our and it's carried through to this letter. Um those obviously go across a couple different commercial driveways and frontages. If any of that gets disturbed
with that that's going to have to be restored back to a pre-construction condition. >> We have no problem. >> Okay. And then Mr. Chair, I'm just going to jump in and because I think we're it's still pretty fresh in in some of the board members minds. So So we talked about the accessory structures the the site stormwater design. There's a
stormwater basin at the lower right hand corner. That's largely where it was last time. Um, with some of the changes to the site layout with the driveway coming off of Walmart, the grading is a little bit differently um slightly than it was before. There's a they're proposing um a
poured in place concrete retaining wall along the east the right hand side of the screen. So, the north side of the site here adjacent to that um uh stormwater basin. And I think I just had a question. So there's there's the wall and then is there a fence on top of it
or is the wall meant to be higher than the pavement to also serve as like a fence or like barrier structure for the for the >> Yes. So the wall if you're driving on the site and you look towards the wall there's a three-foot reveal for parapit um for that fall protection as part of
the wall design. >> Okay. So so we had we brought this up last time because I think originally what was presented it was going to be a modular block wall and we said hey that's right up next to the pavement. Are you going to have a guide rail, a fence to make sure cars aren't going over the edge of it? So, it's going to be a port in place concrete wall. It's
going to have three-foot of reveal on the parking lot side of the site. Um, so relative to the basin, it's going to be on the order of 9 ft or something like that. So, we cite it as needing relief because we count walls and fences all as one. Um, but this was something that was
contemplated. I think the details of it have just changed a little bit. It was previously it was going to be a wall and maybe a fence or a wall and a guide rail. Um, I think having one element is a little bit cleaner. Uh, and that carries all the way up the whole north side of the property. And then there's
also a stormwater basin at the back. And it's similar. The walls the same way at the top of the site. >> Yes. >> Okay. Yeah. So, I don't take any exception to it. I think you can see from the rendering there's a significant amount of landscaping that's being proposed with that. So, I think that'll
help soften some of that. Um there's we cited sign variances because there's a I know this came up the last time there was a number of signs that were presented and they scaled it back. I think an updated sign rendering has been presented. Um we can get to that. John,
I don't know if you want to pull that up real quick. >> But do you want me I had a couple more things to touch on if you're done with direct civil or do you want to >> Yeah. No, I I'll hold up on the the sign exit. Let me get to the other stuff while we're just trying to
>> and A23. Uh there's a new copy that uh that one's outdated. >> A23, correct? >> A23. Correct. >> Yeah, that's A23. But I think we should >> Yeah. So, so you can see I think they
eliminated a number of signs. There's obviously the advertising purposes. There's the standalone pylon sign and then there's the two on on the northerly and easterly facade and then there are a number of on-site directional signage that are like do not enter but it has
Mod Wash's like um branding on it. The one comment that I have and I think the board should consider granting the relief is now that the driveway is not from Route 9. Um maybe something on one of the signs that are proposed or another standalone sign just saying like mod wash next right into the Walmart so
that way it doesn't create driver confusion. >> I think we could work that out as a resolution compliance item but let's grant the relief now so that way you know they don't need to come back for it. >> Okay. And then uh so we said right there's no auto repair, no maintenance services other than um just car washing.
As far as the facility itself, I think everything is self-encclosed. So there's like trench drains and a recirculation system. Nothing gets piped into the storm drain system as far as the car washing fluids. Right. >> Correct. >> Um we talked about the bug wash. Um I think they did provide two circulation
exhibits. One for a box truck. There's a little bit of a unique movement coming in off of Walmart to that trash refuge enclosure, but the last time they were here, they provided some testimony regarding those uh activities occurring off peak from the actual rest of the carwalk facility. They would happen in
the morning, you know, off peak. So, um I can't imagine there's a whole lot of waste being generated with this use. So, I don't have exception to it. The fire um circulation exhibit, the fire department or fire bureau didn't issue a memo. I would just say um they're going to have recommendations regarding no
park and fire lane signage striping. Um you agree to comply with all those requirements. >> Yes, we do. We've already been in contact. >> There's there's one light pole that's going to need to be moved because the fire truck turning exhibit conflicts with that. Um it's
it's like when you make the first right in and there's like the hatching >> for the fire truck to come through. Do you have that? Yeah. So just to the right, John. >> To the right. To the right. To the right. To the right. >> Right there. Yeah. Yeah. So, that that
light fixture right there, that's just going to need to be shifted a little bit because the fire truck like swoops right along that. So, we can work that out as a condition approval and then obviously get a fire bureau signoff. Storm water. We had they're going to do I think Miss Savage, you talked to Sean in my office.
You're going to do additional test bits for the stormwater design in January. >> Yes. Okay. >> Um, and then there was a couple minor technical comments with the mounting and the quantity analysis. You agree to address those conditions? >> Yes. >> Okay. Um, I don't know that you guys
recorded the on andm manual the first time around, so that'll just need to be recorded by deed with the new site layout. Um, we talked about the site uh access with Walmart. You're going to provide that as a condition of approval. Um, they don't need any variances for parking. They meet the ordinance
requirement. Um the we did have one question. The four spaces to the west of the site here or south part of the site, those are going to be for employees. Is that accurate? Okay. And they they come in like before like operations traditionally kick in and then afterwards, so there's not a
whole lot of going up to and from the site. Okay. Um we talked about the garbage truck. There's one handicap stall which is required by ordinance. Um we didn't see like a curb ramp for that one. So, we'll just need to have that
updated as condition of the approval. Um, we talked about the use not changing the lighting. Um, do you know what color temperature is being proposed? >> Uh, let me grab it. >> Does the applicant have any um issue
with a restriction on nothing more than 4,000 Kelvin? >> No, we do not. >> Yeah, this there's not really much residential. There's the Walmart, there's a stormwater base and commercial. So, I think 4,000 is appropriate. We talked about utilities. They're they're made good progress. We talked about the hot box enclosure.
Um and we talked about I I I asked about the trench drains and the recirculation system because that did come up in the environmental commission. They were concerned about POS and all this kind of stuff, but I think there was a testimony last time and again that it's all going to be captured in the car wash
recirculation system, not into the storm drains. So that should hopefully alleviate that concern. I think from an engineering perspective um uh any little minor comments can be worked out as resolution compliance. This is largely
um I think it's a better alternative with how much commercial property you have in close proximity to eliminate or minimize the number of commercial driveways to Route 9. In close proximity collocating with Walmart I think also um might we just had the one the EAS on
Locust and Route 9. and there was concern about how many queuing of vehicles and anything backing up on Route 9. I think having it come through the Walmart, if there is a queue, hopefully it's in the Walmart driveway and it's not on to Route 9. And then I would also point out their their location of their driveway is strategically located. It's like right
across from when you pull into the Walmart where it splits off to go left. So it's not like they just are picking and choose where it is. It makes sense from a traffic perspective. So I think I have no issues for the board. Um I think we're good from an engineering perspective. Okay, Mike, do you have any
comments? >> Uh, the applicant met with Jennifer about the signage. Uh, they made all the changes that she recommended, so we're good on that. Uh, we're also looking for the uh to comply with the EV make ready spaces. I don't see those on the plan.
Um, is that something that's going to be added? >> Our understanding is there's not a EV requirement for this. >> Under 25 spaces. >> Yeah, we're correct. Correct. 25 total. >> Yeah, under 25 spaces. The state statute doesn't require. >> Okay. >> For retail,
>> that'll be all. Okay. >> Quick question for either one of you. >> Is there a provision for sidewalk on Route 9? There's one in front of Walmart. >> Yeah. So, John, scroll down a little bit. >> Yeah, they are. This was a requirement. We discussed this extension the last time and they're carrying it through with the current iteration of the site
plan. So, so they do have the public sidewalk and then they also have the connection into the site. The the last comment that I'll just have is um with the Walmart with the access agreement. I think there's the one retaining wall for the storm water on the west part of the site that's like right at the property line. There's also some grading on the
Walmart property. Um we just ask that you provide like a copy that they're going to give you and temporary construction easement or whatever easements needed to actually complete those improvements. >> Sure, no problem. Apologize. And I think uh Miss Savage,
you talked with uh Sean on my office. The payment details were going to be re um changed to match with the ordinance requirements, correct? Okay. >> All right. Thank you. Okay. >> Anybody else from the board with a question?
No, I think we're good. >> Thank you. >> Thank you. >> All right. Uh John, >> just find it interesting in the rules. >> Switches to very very quick and easy.
All right, Mr. >> Can you uh briefly give the board an overview of your qualifications? >> Certainly, and uh glad to be back in front of the board. Um again, name is John Cororak. I'm a project manager of Stonefield Engineering and Design. I'm a licensed professional engineer in the
state of New Jersey. I have a bachelor of science uh in civil engineering from the College of New Jersey. I'm an expert in the field of traffic and transportation engineering. I've appeared before over 100 land use boards. in the state including this one earlier this year. >> Okay, we accept your qualifications. Thank you.
>> Perfect. Great. Now, Mr. Cord, um given the fact that this is already an approved site um and uh the use is permitted at in the zone and on this property, just a um you know, very brief high level overview of your assessment of traffic at the site.
>> Yeah. So, this is a previously um approved development. Um, and so when I'm comparing the new application to the old application, I'm looking at um, does the use change? Does, you know, how does the layout change, what's new on site, um, and what stays the same. So, we have
essentially the same building size, the 4,643 ft car wash with one tunnel, 120 foot conveyor. All of those properties are the same as the original approval. Um, before we had 20 vacuum spaces, now we
have 17. It's roughly consistent. Uh, not something that's going to be a big change in traffic generation from the prior approval. Um, so what does change really is the the access point and that being through the Walmart driveway and not direct out to Route 9. Um, you know,
basically sharing access with Walmart, eliminating the existing curb cuts on Route 9 and not proposing any new ones. And that is, you know, preferred condition by the DOT. Um it's certainly a a best practice in terms of access management is to consolidate driveways
as best possible. Um and you know to that effect that the the ability to connect into Walmart um also provides uh additional room on site where we can stack vehicles for the car wash. the
prior configuration could fit about 20 to 21 vehicles before we're interfering with um other uh you know other drive aisle intersections and and route 9 itself here that stacks up to 34 and so I think that's a big improvement um just in terms of site circulation and layout
uh without really impacting the the traffic generation or um you know any sort of volume capacity impacts to Route 9 and the surrounding roadway network. Um, aside from that, we talked about the sidewalk on Route 9. Uh, we are in the
middle of the DOT access permit to close the existing driveways. Sidewalk is included within that permit. Um, and you know, hopefully that will be uh, you know, forthcoming shortly. But that's that's pretty much it in terms of my direct for traffic.
>> Okay. Uh, before I ask my professionals, um, there's a walk sidewalk. You you guys are putting in a sidewalk. There's not one there now, right? >> Correct. >> Is there do you think there's a need that maybe we should inform people pulling in, people crossing that
sidewalk, go ahead walking south down Route 9 because that could mean a lot more traffic coming in with the car wash. As far as just warning people uh the drivers that there could be pedestrians, I don't know. Is that a protocol on route 9 anywhere Charlie or
>> so would definitely fall under the jurisdiction of uh DOT but what I can tell you is there are curb ramps at the Walmart driveway coming from Route 9. There's an island that separates the ingress egress which has like the detectable warning surfaces. There's um
definitely uh crosswalk striping. I would say I think it would be a reasonable condition to require this applicant to work with Walmart if any of that striping is fading that it has to be restriped prior to like an issuance of a CO for the for the use on this property just from a safety perspective. I think that's a reasonable condition.
Is that acceptable? >> Yes. >> Okay. >> Okay. So, uh Charlie, Mike, you have any comments for the uh >> John, can you pull up the colored rendering real quick? Yes. So, I just want to point out again,
so um there's a lot of the like white hatching that's shown on the rendering. Obviously, if the fire department wants any of that to be yellow for fire line purposes, that'll need to be updated. And the uh for Mr. Correct. Yeah. Where John, where your cursor just was, the the white hatching towards the bottom of
the screen. Yeah. Right there. So that's not intended to be for people to circumvent the car wash to go utilize the vacuum spaces. That's there for like emergency access purposes for like the fire department. Correct. >> Correct. >> Okay. I just want to make that like
clear. It's it's uh that's there for the fire department or for like trash vehicles. They can not have to go through the entire car wash. It's just there for circulation purposes. If you inadvertently enter the site without that uh that hatched area, um you would
be forced to have a car wash. So, it's good to have the bail out there. >> Do if if someone were to like from operational perspective like make that turn and try to just go use the vacuum spaces. Are those like free or do they need like a do they have to pay to be able to like utilize those? How does that work?
>> My understanding is that they are free and but the intent is that you use the car wash. >> Gotcha. So, it's a bit of self-p policing by the operator to make sure that people aren't >> Yeah. >> banging through there to get the free vacuum spaces. >> Yep. There's employees on site. >> Gotcha. All right. And I think that was
consistent with what was presented last >> that testimony about that because that was a good >> something that we were asking about. >> Okay. Mike, >> we have no comments. >> Are you good with the >> Yes, we can testimony. >> Okay. Anybody else from the board? Any
questions for the traffic engineer? Is there any sort of um being that you know it has certain hours um is there any sort of um I guess gate or something to block off the entrance when you guys are shut when
you guys are closed or so people don't use the free you know vacuums at 3:00 a.m. or something? >> Well, the vacuum shut off so they >> even if you pulled into the lot to try to use them you couldn't you couldn't operate them. >> Yeah. I think the prior testimony was like 8:00 a.m. to 8:00 p.m. where the
hours operation and everything is like shut off. Okay. >> This does this was the signage shutting off at that time as well too or was it like reduced? I can't remember. >> The signage I believe is an hour after the business. >> Yeah. So, it's a commercial corridor, but like they agreed to a number of
reasonable conditions regarding like hard caps on like the operation. So, it's not a 247 kind of thing. >> Okay. >> Thank you. >> I think we're good. >> Thank you very much. And then as our last witness, I'd like and just be too.
>> Yeah. Okay. >> All right. Uh Mr. Richie, can you uh start by uh pardon me by uh providing the board an overview of your qualifications? >> Absolutely. I'm licensed professional planner in the state of New Jersey. I am
nationally certified by the American Institute of Certified Planners. Uh my current position is principal planner at Stonefield Engineering and Design. I have a bachelor of arts degree and a master's degree both from Ruckers University in city and regional planning. Um I have been accepted before over 100 boards throughout the state and
my license is active and in good standing. >> Okay. Thank you. You're qualified. Thank you. >> All right. So, uh Mr. Richie, have you analyzed uh this um application from a planning perspective? >> Yes, I have. >> All right. And can you just take the
board uh through an overview of your opinions? >> Absolutely. Um so as the board is aware um it's a substantially similar application as the previous uh previously approved application at least in terms of relief. I would say the big benefits of this application is now the
use variance is not is no longer needed. We're only here now for C variances and design waiverss. Um when looking at the bulk requirements in this new application, we actually eliminated uh two setback variances that were previously sought. So those are not required anymore. Uh nor is the maximum
distance between pedestrian ramps and nor are the landscaping variances needed anymore. We still are carrying some variances as it was mentioned for um you know the driveway widths, the uh the retaining wall heights and setbacks as
well as um the accessory structures, the signage and the lighting intensity. But those are um unique to the use and they're being made um you know better with this design. Um there's one uh more relief item that I wanted to address
that was in Miss Beam's uh planning review letter talking about the architectural detailing. Um there was um a request for a little more testimony on that and the requirement is that uh if you have more than 50 feet 50 linear feet of of part of a building it
requires at least a three-foot uh recess or um covered area to break up that facade. We're gonna seek that variance. Um but I think we meet the intent of what they're trying to do. We have a mixture of materials on the building. Um there's some brick there's a band of
brick veneer um on the bottom. Um there's a synthetic stucco which is uh you know the main uh material on the wall. There's hardy plank uh boards on the wall and then you have a metal roof. So it really is broken up as you see this building. But you know the nature of the use is is a long skinny building.
So it's a it's tough to to to overcome that variance. But I think the way that it's broken up is uh is in my opinion not substantially impactful. Um so that that really sums up the relief. Um like I said, it's it's all a lot of it's unique to the use. Nothing that rises in my opinion to the level of substantial.
I think the the previous testimony um with regard to the uh last application regarding the special reasons for approval, I think those still stand. So we talk we look towards the purposes of the municipal land use law. I think we align with purpose A. Uh so that talks
about the general welfare. We're eliminating a vacant property especially in a very busy commercial um corridor. Uh purpose G talks about creating sufficient space in appropriate locations. This is now uh it has been transformed to a principle to a
permitted use. So you know the by uh ordinance it finds it compatible and appropriate for this location. Uh purpose A talks about free flow of traffic. Uh we do have some sign variances um but they are all to guide and help people navigate around the site
because it is um there are a lot of drive aisles on the property. And then purpose M talks about an efficient use of land. Um basically we're not u we'd rather not try to over comply or comply with those drive requirements. Keep them smaller. You save on um pavement. You
have more greenery because once again it's specific to this use. Um, so I I definitely think there are special reasons for the approval. I once again I don't see any substantial detriment to the public good. Um, with regards to the master plan, it mainly talks about
attracting new businesses to the Route 9 and Route 33 corridors. That's exactly what we're doing. And like in many master plans, they talk about eliminating vacant and abandoned properties. This building has been vacant since from what I can see in Google Street View, I think it was 2017
or 2018 when Garden State sign had uh had moved and the building has been vacant since. So quite a few years and I think that this is uh you know with the landscaping the new um permitted use is definitely going to improve the appearance on the site. Um so I think that the C2 benefits versus detriments
um criteria under the municipal land use law has been met um and the application uh can be approved. Thank you Richie. Thank you, Mike. >> I concur with his testimony. >> Okay, >> Charlie.
>> Yeah, I would just say um the applicant spent a lot of time working on the first approval to make sure that they were perfecting a lot of the questions and you know, items we had brought up. So, that that's appreciated. And then in advance of filing this application, they did have a concept plan meeting with ourselves, the planner, other township
officials to make sure that this wasn't something that was just like being thrown to the board. So, there was a lot of forethought and I think we appreciate the back and forth to make sure that like what's being presented to you now is something that we think is a is a good uh uh a good project. >> Okay,
>> sounds good. Board members, any questions for the planner? >> I have one. >> Yes. >> Um if we approve approve this property, um I'm assuming your your applicant currently owns the property. >> Yes. How long will it take to make it
look nice? Just to get rid of the old building or get rid of the graffiti on the wall or just clean it up a little bit so we're not looking at an eyesore. >> Yeah. Um so I believe that was raised prior to the last um meeting. I did raise that with my client. I understand it's all actually actively in the works.
Um I can ask Mr. Ligan to testify uh to that, but I understand uh that uh the applicant is ready to proceed with uh cleaning up the property immediately. >> Thank you. John, did you did you have something? >> Yes. >> Uh, it was basically along the same
lines. So, uh, if they were to act in the affirmative as a condition, uh, the vacant property registry is due within the next week. So, we would ask that, uh, that be, uh, updated and continue with. Um, as, uh, was pointed out, I
mean, this is essentially the site, uh, with boards already falling off, uh, the windows. Uh, new graffiti is on the facade. So, um I'd like to at least nail down uh some time of uh construction, maybe having somebody just going out,
even if it doesn't happen within like the next couple of weeks, which I don't expect it to, uh to have the graffiti covered up, reboarded just to keep anybody who's been on the property away from the inside. >> Agreed. Certainly. >> I guess a question I have for John, does
an applicant, a property owner can file for demolition permits without having a site plan approval? Correct. Correct. And I believe the testimony tonight was that the it was going to be demolished any which way. So I don't believe there was any um any concerns with regards to
losing any kind of uh ability to reconstruct whatever it is that's going to be going on the site. >> Yeah, I think the where the town has come. We're just this has been an isore for a while. So we're just eager to see something nice vibrant coming back into the space. So
>> I'm glad you brought that up. Has that demo uh permit been submitted yet? >> You swear the testimony you give will be the truth. All the truth, nothing but the truth. >> State your name for the record. Call your last. Uh Josh Lian, LG N uh owner's
representative for Hutton, the owner of the property. With regard to your question about the building permit, we have not uh completed application, but we have completed I believe three of the necessary letters for the application uh
with termination of uh utilities that are required and completing those check check list items um with the intent to complete demolition ASAP. Um, with regard to questions regarding that, we um have been actively looking
to clean that up. The snow in the recent weeks uh slowed us down. >> Okay. John, do you you said you have what's the timeline that we can ask the applicant? I mean, I'd like to see it obviously as soon as possible, but I I would say uh
with regards to the cleanup of the bu um reboarding up the windows and access because obviously I I mean this is a slightly older picture, but there's new graffiti which you know obviously means that people are on the property actively so I would like to prevent that from happening. So, uh, a clean up of the
graffiti, uh, reclosing up any, uh, windows or doors or access points, uh, into the building within the next, uh, I think two weeks is is reasonable. Uh, we don't have any more snow out there. Uh, and then filing for demo permits, uh, within the the next three months, I
think, uh, should, uh, suffice. I actually have an email from my office where we are actively doing all that um talking about a container to remove the graffiti and the uh uh excess equipment and stuff on site. >> So is the
>> the question is the two weeks to take care of that reasonable and then three months to file the demo permits. Is that reasonable? >> Um with regard to cleanup for sure my uh hurdles that we have had with the you got to get been with D. >> Okay. >> And trying to get it. So I don't want to
make a promise I can't keep but our intent is 100% to do as fast as possible >> with the D that's with like the >> the state. >> Yeah. What's Can you just give us like a very very brief You don't have to go too is involved. >> Okay. So it's the structure itself. Okay.
>> All right. >> Okay. You work Yeah. Just communicate with John. I mean, in case we did get a quick snowstorm, just as long as there's communication, you know, I think >> I'll make sure and get his contact information. I'll give him an weekly update.
>> Okay. Thank you. >> Okay. Anybody else from the board with any questions? Professionals, we will now go to public eene. So, uh, first of all, we need a motion from the board. >> Make a motion for that, Mr. Chair. >> Second that,
>> Mr. Hughes, Miss Scottson. All in favor? >> I I >> Okay. Eileen. >> At this time, the chairman has opened the hearing up for members of the public for any questions or comments regarding this application. Be prepared to give your name and address and be sworn in.
Please come up to the podium if you have any questions. >> Make a motion to close the public. >> I have a second. Second. Second by Mr. Cabarakus. All in favor? Hi. >> Hi. >> Okay, unless there's anything from
anybody else, you can do your summary. >> Wonderful. Thank you. I'll keep this um brief. Thanks. Thank you to the board um this evening. I I think the board's heard all heard all that you need to hear to approve the application. This is a substantial improvement from the prior
approval in 2022. improved circulation, improved access, uh consolidation of access to the site from Route 9 into the Walmart parking lot. Um we've agreed to all the conditions that were suggested by your professionals, but I think um
that uh the applicant uh has shown a willingness to uh develop the site and work out with the township to uh ensure a positive development with the township. But I think um the testimony uh makes clear that this uh will be a substantial improvement to this property
and will be a um a a a beautiful new pardon me a beautiful new uh development on a late on a long vacant property that should be a welcome uh use to the township. So >> okay, >> thank you very much. >> Thank you.
>> Okay, at this time I will entertain a motion from the board for this application. >> Mr. Chair, I'd just like to make a motion to approve. I see this as nothing but upgrades from what we approved uh in the past. It looks like a beautiful project and it's uh got a lot, you know,
it's much improved with all the stuff we talked about tonight. I'd like to make a motion to approve. >> Mr. Hughes with the motion. Do I have a second? Second by Mr. Arasco. Have a roll call. >> Mr. Caner.
>> Yes. with all the considerations discussed. >> Mr. Hughes, >> yes. >> Mr. Arosco, >> yes. >> Miss Scottson, >> yes. >> Mr. Corabakus, >> yes. >> And Chairman Mertens,
>> uh, we appreciate you coming back. I'm sorry it didn't work out last time, but without a doubt, this is a big improvement. Nothing makes me feel better than seeing an abandoned property revi revamped like this. Absolutely. Yes. >> Wonderful. >> Motion carries.
>> Thank you very much. >> Thank you. >> Okay, at this time we're going to take a fiveminut break. >> The board will now take a 5m minute recess. They'll be back at 10 after 8.
>> Now reconvene. >> Okay. The last case on the agenda tonight, case number BA25-12, Maria and Hignor Cammy. I don't know if I'm pronouncing it right, but pardon.
Um, Boke Variance for PA patio inside and rear yard setbacks. application to Maria and Hignor Kem as applicants and owners seeking approval for recently constructed swimming pool and associated PA patio that was
installed 1.7 ft from the side south property line and 2.1 ft from the rear property line on premise known as block 138.09 09 lot 1514
Tyler Court with an expiration of April 3rd, 2026. Good evening. >> Good evening. Do I go up there? >> Yep. >> Oh, okay. >> Hi. Good evening, everyone. My name is Maria Cammy. Okay. >> Uh my address is 14 Tyler Court. I've
been >> to be sworn in. >> Oh, sorry. Do I have to be sworn in? Oh, sorry. >> No, no, no worries. >> The applicant, right? >> Yes. >> Yes. >> You swear the testimony will be the truth. Tell the truth. Nothing but the truth.
>> Yes, I do. >> State your names for the record. Spell your last. >> Maria Cammy. Uh, C A M I. Last name. >> Donna Bolock. B U L L O C K. >> Okay. >> I start. >> Okay. Now you can start again. Thank you.
>> Sorry. No worries. >> Hi, good evening. My name is Maria Cammy. My address is 14 Tyler Court. I have been a resident of How for the past three years. I also work for the Howell School District. Um, I'm here tonight to regulate my pavers. Uh, and my engineer is Donna Boak.
>> That's for you. >> Y fancy. >> So, you'll be testifying as a professional. >> Yes. Yes, I will. >> Okay. So, we need to get your qualifications. >> Okay. U my name is Donna Bolock, B L O
C. My address is 137 Central Avenue, Island Heights, New Jersey. I am a uh professional engineer um and a project manager at Morgan Engineering. Um I have been providing uh testimonies in front of various boards all over uh New Jersey
for the past uh 26 years. Um mostly Mammoth Oceans and Middle Sex County. My license current. >> My license is current. Yes. >> Okay. We accept your qualifications. Thank you. >> So, what this is, it's known as 14 Taylor Court, block 138.09,
lot 15, Howell Township, Mammoth County. It's located in the R3 residential district and it contains 8,868 square ft. The property is developed and it's located on the east side of Taylor Court. There's an existing two-story uh
residential family with attached garage, covered wooden porch in the front, paver walkways in the front with a concrete drive, and located in the rear of the property is an ingground pool with a concrete walkway surrounded by uh
pavers. The rear yard property is surrounded by um the the rear and sideyard properties are surrounded by fence. The uh adjacent properties are all residential. Um the property drains from east to
west. So it drain a west to east. So it drains from the uh the front of the property at the culde-sac to the rear of the property. Um there currently are three dry wells located on the property um that are shown on the uh variance plan. Um we
could talk about that in a minute. the uh the drywalls are tied into the roof leaders of the house. So I handed out some pictures. So there's there's six photographs of the rear yard
of the property and picture is worth a thousand words. So as you can see there is a inground swimming pool uh that was constructed with a three- foot wide piece of uh uh concrete walk
around it. Um, next to that are the uh the pavers that were constructed around um all four sides of the pool. The um the the fence in the plans I want
to mention that if if you look at the pavers uh like existing um photo number two, the fence is actually inset off the setback line. So what I'm trying to demonstrate there is to say that there's
from that edge of pa it's 2.1 ft to the property line behind the fence. So I don't want people to be thinking that that is at the property line that's uh closer than than the property line just to let everyone know. Um,
so we have and the the uh fence on the south side of the property line uh is is about a half a foot um offset from the uh prop property line. So,
so we have pavers. Uh we have a fence. In between the pavers and a uh a wall that was constructed under the uh fence is um is some decorative gravel. Um
so if you if you really look at what we're asking for then um the the concrete pavers meander around the rear and the side property lines. Uh the closest elevation on the north on the
south side is 1.7 ft and it meanders up to five feet and then back down to 3.8 and then back up to uh five feet. So that um you know just to let you know that it meanders. It's not just all 1.7 feet straight along the property. And on
the rear of the property it does the same thing. The pavers meander from 2.1 ft out to uh almost 5t along the rear property. So when uh the pool was constructed
um when the pool was constructed and the pavers were brought out um the the client did not need to bring fill into the site uh he put in the pavers and as far as like like a uh to know if there's
any like uh fill that was required for the pavers. If you look at picture five, and that's looking in the backyard looking toward the front, you'll see that there's the pavers come up to a 6-in wall. And that
6-in wall, you know, brought the the uh the pool pavers down to grade. So, the elevation of the intent of the pool and the pavers um is per the uh original approved grading plan >> and look to >> So, Miss Bulock, I just want to jump in.
So, I guess how did we get to this point? Because the township issued zoning permits for a pool with a 3- foot wide concrete walkway around the perimeter of the pool. >> And it seems at some point there was a decision made to install these papers.
You know, they're not right to the property line, but in some spots they're very close to the property line. And I'm looking at, you know, the near map aerial that Mr. Aguar is sharing on the screen here. And you know, looking at the surrounding properties, it looks like they were compliant with the 10-ft
setback requirement from the PA around the pool to their property line. So, how did we get here? Why are we here? And it seems a decision was made. What was the reason for that decision? And were they
aware of the 10-ft setback requirement for pavers as it's being considered part of the patio for the pool? Correct. So, um we did the asbuilt survey. Morgan Engineering did the ad asbuilt survey for this property and um the survey and
variance plan that we show shows the asbuilt condition. Um we were asked to prepare this plan because there was a um a uh notice of violation that was given to the applicant, the owners, and um
they contacted us to do the survey. And now we're here as an I'm here as an engineer representing what was uh reu built on the plan >> that yeah that's not the question that I asked. Right. So >> I'm trying to get to that. So So then speaking with the clients now before the
hearing in preparation um they did have that permit that you said for the ingground pool and the walkway around it. um they assumed that because they still had an opened pool permit that they could just install the pavers on their own and that that is why we're
here. >> So, did they call planning or zoning and say, "Hey, if I install all these pavers, am I going to cause an issue?" And this is in an HOA community also. Did they talk to >> That's correct. It's in an HOA. >> Did they talk to the HOA about this either? >> Um I think maybe you're going to have to do some
>> Q&A. Yeah, my HOA was aware of everything that I was doing. It wasn't a problem. And I really did not even know that I had a setback after Pool Town came in. Pool Town said, "Do you want us to continue with the pavers?" And I said, "No, I had someone else that was going to do the pavers." And that was
just it. They didn't say I couldn't do anything. And I had and my permit is actually still open. My pool permit is still not even closed cuz it was for the fence. He told me the peavers. I was thought it was all included. I had no idea that that was not all included to be honest.
>> Yeah. So when you get a permit from the town, a zoning permit for a pool with a three- foot wide concrete, that's an approval for a pool with three foot wide concrete. I guess at what point did you decide that you were going to install all these pavers? And did you
It's It's like It's frustrating because I feel like we're at the point here where um we've done something and now we're asking for forgiveness and the asking for forgiveness the other option is a significant expenditure to take out a lot of pavers that probably cost a lot of money to get in.
>> Can I ask a question, Charlie, really quick? Yes. Um, so who did who in who when you were speaking with whoever installed your pavers, did they give you any guidance whatsoever on any minimum, maximums, anything like that? Or were they just, hey, let's just throw them all in?
>> I'm going to say no because my husband's the contractor, so we really both had no idea. So really, that really is the answer. Okay, >> my husband is a contractor and we really had >> I really had no idea to be honest that there was a set a setback on pavers. I really didn't know that. And then I put
it in >> a contractor. Wouldn't he have known that that there's requirements in other places? >> I mean, he really we really don't do work in New Jersey to be honest. To be honest, I'm going to be I'm not going to lie. He's a contractor in New York, >> so it's different.
>> Charlie, a question about lot coverage. There's a significant amount here. So, are there any issues with lot coverage as well? So, as it currently stands, our R like 3550, they don't have impervious coverage
limits. So, there's no relief required. I can tell you, and you know, my predecessor before me, Jack Men, he explained to me why there was a 10-ft setback requirement at knocked in the code. And it's it's so there's ample room to grade the yard to make sure that we're not sending water onto neighboring properties because there I guess had
been some history with this and disputes between property owners. So that's why there's a 10-ft setback requirement. Having said that, we have seen a number of these. We just had one on the last meeting where someone uh did install to the property line. So um you know, we
can we're going to open it up to the public. Everyone within 200 feet. There's you can see how many properties are on the aerial there. Uh were required to be noticed. Um when did you when did you finish the construction of the pavers? >> I stopped because the inspector came and
he told me to stop. I mean like it's not um >> when the stop. >> Oh god. I'm going to say like March and not even No. Yeah. March about April. Then I started all this in like July and June. But can I also say something too? I know we live in a culde-sac and like if you >> just let them answer.
>> Oh, sorry. Just questions. >> Oh, okay. So there you go. That's it. >> Can I ask a real quick one of you Charlie or or Randy? the HOA. I mean, is there any so >> who the cart before the horse kind of thing here? If we give approval, are we
messing with that? >> So, we have a policy in town uh where there is an existing HOA that we give them the first right of refusal on any kind of project. Um, obviously they have to meet township regulations first. Uh,
but they're allowed to uh enact even stricter uh restrictions than what the township has. So with that, in fact, in the approval that I just had up, uh there is a note in there that they have to get HOA approval prior to and we usually get that in the form of a letter
stating that, you know, they've reviewed it. They're okay with whatever is being built and how it's being built and then uh we issue our approvals uh conditioned on whatever our ordinances call for. >> So if we do act in the affirmative, the HOA still has their right to deal with
her, but we're not going to mess with any of that. Um I you know that's a great question. Yeah >> the answer is >> okay. >> What was was there an HOA review andor approval of this specifically >> the swimming pool >> for the original plan that was submitted
that met the setbacks? Yes. >> Oh the one with the met the setbacks? >> Yes. >> You don't have a written approval from the HOA for the additional data? >> I have an approval just for the landscaping wall. I never asked them. I didn't know that I had to ask them for
my papavers. Like when they approved they approved my landscaping wall >> and the pool >> and the pool they approve they they really the HOA approves really honestly anything that you want to do they don't really stop you from doing it >> technically
>> yeah I mean but that's what our HOA says. Well, just to be clear, >> for the flight, >> whatever our decision is, we're not going to be in any kind of combative anything with the HOA, right? She's still >> I I would suggest that the board acting affirmative condition. >> Okay.
>> Upon obtaining HOA approval, >> so that would cover the township. Okay. And there it would also so so just based on experience in that a little bit with with dealing with HOAs any sort of architectural or property um improvement
usually something's in writing and memorialized for it. So that would be a question that I guess if there's any objection we need to get that answer. So, so as far as runoff then the water runs from basically the front of the property to the back and there's nothing
behind the back of the house. Correct. >> Yes. So, so there is uh there is an existing platted lot that has a home um that does have a a subdivision application that has been filed with the township planning board. Um, I can tell
you immediately behind this property there's two separate township drainage easements uh with some drainage infrastructures and some inlets. So, as far as runoff leaving the rear of the site, there is some drainage infrastructure to collect some of that.
Um, Miss Bulock, so at the rear of the patio there's it looks like in the picture there's is there a block wall? There is a block wall that is uh that was constructed about a foot above grade at the time of the pool construction that uh that is at the base of the
proposed fence along the rear lot line. >> Um so that brought grade up um about a foot. >> But there so there's a reveal on the patio side of the wall. Correct. >> Yeah. There's open space on the patio side. Yes. >> So and where does that channelize water to? Like where does does that act like a
dam? Does that send water to the neighbor to the to the east or to the south? I mean, where where does the water go? >> The water uh it just naturally grades off to the rear. >> How does that happen if the if there's the block wall at the base of the fence
is higher than than the the patio? >> No. If you if you look on uh sheet two of the photos, you can see where there's a paver wall that runs along the fence right there. >> Okay. So that's >> So that's what's okay. What's being
shown from the PA patio to the wall, it looks like there's a lip just cuz that hasn't been final landscaped and like either stoned or top soiled and seated. >> Correct. >> Okay. All right. So the representation is the the lot always graded from west to east. It continues to do that in the
existing condition. There is a drainage easement back there with drainage infrastructure. So um if it does leave the property there, you know, it has a way to get to an outlet. Um, I would say I would be most concerned about the property to the north and to the south.
Uh, more so the south because that patio goes right to the very close to the that property line. I think the applicant's representation was that the patios were largely completed by April uh, of this year and then that's when the stop work
order. Obviously, um, this part of Mammoth County in July, we got hit with like three or four very significant rain events. >> I would think that those property owners, if they had an issue with the drainage that was after this was constructed, they would be here tonight,
especially if they were noticed. So, um, let's open it up to the public and hear what is. I just I just um I just want to relay to the applicant the township's frustration is because there's there's ordinance requirements and they're there
for a reason. And you know, I'm not saying that you didn't have the best intentions or anything like that. But um it just creates a lot of a headache for the board and then also for yourself when we get into these circumstances. So uh when you decide to do something in the future, I would just say make sure
you call the town before you do something. and call your HOA before you do something because uh a 15-minute phone call will save you money and save you a lot of a a headache. So, >> I'd like to also ask they got to stop in April. Is there uh any intent to further
build back to, you know, expand upon this or >> Oh, no, no, no. That's it. That's it. It's all done. >> Okay. You said previously that you were going to put down more pavers, but then you were stopped. No, like we didn't finish sand like actually like sanding some of it because the guy the inspector
came and said don't do nothing no more. Don't touch anything. So, we just stopped. But no, the pavers are all done. I >> I'm talking. >> Yeah, because it does look in a couple pictures that once if it was approved, you'd have to do something to make it look aesthetically better >> because I can
>> Yeah, that would be landscaping. >> Yeah, that's the landscaping. Yeah, of course. Yes. >> Yeah. The other side. John, have you had any um Well, we're going to hear from the public, but have you heard any calls regarding this property with the any rainfall? >> We haven't gotten any uh additional complaints. No.
>> Okay. We'll wait to hear from public then. >> And Miss Bulock, you did indeed notify everyone within 200 feet. >> Yes, we did. >> Okay. And >> yes, the applicant did. Yes. >> Okay. Thank you, >> John. They wouldn't be here tonight.
Just Yeah. I want to get that out in public. All right. Thank you. >> Okay. Do you have any more testif testimony as far as as an >> I was just through my testimony. I was trying to address some of the comments in the letter. >> Okay. >> So that's why I was kind of easing into
it, not just >> Yeah. No, I understand. Uh Charlie, you want her to continue with that? So >> no, I I would say um the reason that the ordinance requirements are what they are is because of drainage issues that can be created with neighboring property owners. So absent of any like
neighboring concerns, um you know, obviously it's not ideal that we're here, but this that's why we're here, right? For the board to see if this deviation, you know, materially impacts >> zone plan and master plan and whether it causes any negative impact to the
neighboring property owners. I can tell you the property to the to the rear there is drainage infrastructure. So, as long as the water gets there, it's got a way to go somewhere into the township's conveyance system. I would be more so concerned about the neighboring property owners and and uh Mr. Shafi actually brought up something important. We
should just talk about it to get it on the record. So, there's on the survey variance plan that was provided. There's two concrete pads in the north sideyard that like go over the property line. And we actually didn't pick that up in a
review letter, but can you when were those installed? What are those for? Because the board can't grant variances for things to be on neighboring properties. I I see it goes to the fence line. So, is this is their survey not right or do you have an agreement from
for those to be there on the neighbor's property? >> What are we referring to? I'm really not sure. >> There's two concrete pads in the northerly sideyard. >> Can you pull up the variance plan, John? >> Along lot two. >> Yeah, lot two to the north.
Oh, I see them now. >> Yes. Um, >> they uh based on the survey, they're over line by 1.8 ft for the larger one and uh 1.2 up two feet for the smaller one.
>> And the fence I guess the fence didn't get built online either. Is that your fence? >> Is this one is mine and one is my neighbors? So that's my neighbors. >> Can you point them out? >> Yeah. >> Yeah, cuz that would be easier for us.
>> Yeah, it looks like it's >> Yeah. And there's one just a little bit below that. I >> see two of them. >> Yeah. So the the pads and then also the there's looks there's two fences back to back. Yours and your neighbors. >> They're they're actually on the neighbors property at least per this the survey.
So, and I imagine that fence serves to for pool code compliance. So, how how does that work, John? >> Are there two backtoback fences? >> Yes. >> It's kind of hard to see, but these two lines right here with the circles on
them depict fences. So, there's one that comes across and cuts down here, and then there's another one that comes across here, and they're budding side by side. I don't know if you could see that. So they both show outside the property, which is the dark colored line right
there. So with regards to pool compliance, the code and the policy has always been that one, the fence must be yours and it has to be on your property. Uh obviously if the neighbor brings any kind of um uh complaint or issue with
regards to something on their property, obviously they have the right to their property and it not be infringed upon by something from from the neighbor. So, um, and we would never approve anything offsite, even with some kind of an agreement because you can agree with the
current neighbor, but if they decide to move away or, you know, future purchaser will have an issue with it, you're going to have to take it down at some time. So, it's just better to get it right from the get-go. >> Yeah. I know when we had our fence put in, we had to get a permit from the township. >> Correct. >> And a survey. Yeah.
Did you build the fence or was that there when you bought the house? >> Oh, >> did you build the fence or was it >> No, there was a fence there. I just took it down and just put up a new one. That was it. >> Yes, they built this one. >> Oh, yes, I built it. Yes, but there was one. Yes, >> there wasn't.
>> Was the new fence put in the same location? >> In the same exact location. >> Did you get a survey when you bought the house? >> Yes. >> Okay. Was it showing that that fence that was the fence that was there when you bought the house? Was it showing that it was on your property or was it showing that >> answer?
>> It's shown on the prior survey that is offset. So the it is offset by uh 1.9 ft at the the front corner and one off the rear corner which is >> uh this it looks like they tried to
follow the same line of where that fence existing fence was that was on the adjacent properties and they installed the new fence approximately in the same location. >> Who constructed the concrete pads? Were they pre-existing or was that something new?
>> You know about these concrete in the side? Are they new? >> Those? >> Mhm. >> Uh yeah, those are new. Those I mean they're like a year old. Yeah, >> those are new also. >> Yeah. Not not from now, but from a while ago. From like a year ago. >> Okay. >> They've been there for a while.
>> Uh the applicant says they're also new. So, the aerial uh that I have now is from June of 2024. So, you can see that there's no pads on the site. >> Yeah. What are they? >> Yeah. What do they serve? What do they like for a garbage can? >> Yeah, there's one in the front for a
garbage can. >> What's the one behind the fence? >> Uh I wanted to eventually put a shed, but we didn't put a shed. That's all that's for. >> Yeah. Yeah. So, >> don't put the shed. >> I would advise you not TO PUT A SHED. >> NO, I'M NOT. CUZ IT'S not on your property. >> No, I'm not. Two,
>> you're going to need a permit for that. >> Yes, but they actually said you have to be under 108 or something. I I'm not putting a shed. Don't worry. >> Well, that's not the issue. >> The the issue is the concrete both pads and then the fence are not on your property. And the board can't grant you
variances for something that's not on your prop that's on the neighbor's property. They can grant you relief for a zero foot setback, but they can't grant you relief. You know, I mean, have we in the past considered something
uh where like an agreement from the neighbor for something to remain? Yes. I think the more concerning thing is the fence because I think it serves pool code compliance and you know that's that's a safety issue.
>> What is the consensus? Should we um maybe go to the public before we get too much into because we're speculating. >> Yeah, let's hear the public. I think I think we know what we need to hear from the public regarding the pool and
drainage impacts and then we can re >> talk about the pads and the fence. >> Yeah, let's do that. I'll make a motion to go to public. Mr. Chair, >> I will make a second. >> Okay. All in favor? >> I >> I >> At this time, the chairman hearing up
for members of the public. If anyone has any questions or comments, please come up to the podium and you'll be given your name, address, and be sworn in. You square testing I give will be the truth and all truth nothing but the truth. >> Yes.
>> Tara Vulpi at 12 Tyler Court. So I am to the if you're looking at his house I am to the right. Um I have absolutely zero issues with what he has done. It was a very rundown property. I've lived there 10 years. They're there three years. It was an infested green
above ground pool. The grass was disgusting. Everything was terrible. He flipped it around and it is stunning everything about it. What he has done. I have no drainage issue drainage issues. No extra water or anything. He's a great neighbor. I go away with my husband and
kids. He offers to help my mother bring in her groceries. He he's he's the best people ever. I have to tell you this. And I am so happy they're next to me. So I have zero issues with it. And I plan to be there forever. So >> Okay. Thank you. Thank you. I really appreciate you coming up. That that
means a lot. Yeah, >> it really does. Yeah. >> Um, >> so I guess legally what? Well, legally, what do we >> Wait. We got to close. Motion to close. >> Second. >> No. Um,
>> somebody to make the >> motion to close. >> Yeah. Okay. >> Second. Okay. We got this. All in favor? >> Okay. No. >> Um, so legally what based on what Mr. Conliff has said, what do we
>> what are we supposed to say here? >> Would it be something like >> take move the fence and >> and correct the concrete pads and then we're fine with everything else? >> Call the debt subject >> contingent on the HOA. >> Subject to HOA.
>> Yeah. Is that fair? Well, that's a the fair part is the board, but the legal >> legal part. >> Yeah, I think legal. >> All right. >> Okay. I think we got our answer in that. >> Now, what about the concrete pads? Have nothing to do with the pool, don't we? Still >> they got to go.
>> They got to go. >> Okay. >> Would you have any objections to removing them because it would make a lot of people have >> We're cutting them back. >> Like the in the front like on the side of the house? Yeah. No problem. They're gone. Not an issue. >> Okay. They're gone.
>> They're gone. I'll take them out. No problem. >> Yeah, no problem. >> You got that on the legal terms. They're gone. >> I would just ask for an asbuilt once all the work is complete. So once the fence is moved the appropriate uh uh amount
onto the property, the pads are removed and whatever the board comes into an agreement with regards to the uh rear patio that an asbuilt uh survey is provided to the township so that we know it's where it's supposed to be. Okay. No, Mr. Chair, the only comment,
sorry, Mr. I would just say is um if you're saying you have an it was the pad was there because you wanted to put in a shed >> before you go ahead and go get a asbuilt survey. If you have a plan to put in a shed, I would add that to your permit and maybe consider installing it now on
the property. I think sheds as long as they're purely residential are allowed a zero foot setback. John, >> as long as they are no more than 120 square feet in size. uh and no taller than eight feet tall and used solely for storage.
>> You when you someone wants to put a shed, do you require asbalt for a shed or is that just a >> I don't but given the the issues here, if you're looking to do that sometime in the near future before all this is closed up, I would apply for the shed permit so that you know you can put it
in once all the patios are removed and whatever uh adjustments are made to the property that uh you do the asbuilt after everything's in. This way we can close everything up nice and tight and there's no question as to where anything is or where it should be. >> Yeah, we just we don't want to see you
back before the board again because that's not a good feeling for the board and it's not a good feeling for you. So that's that's where we're coming with. If you want to put the shed in, I would get the permit now and >> get it on your bill. So that way it's put the bed and you can all move on from it. >> Yeah. >> Yeah. Just do it. >> Okay. And to be clear, it's also to
relocate the fence online. >> Yes. >> Uh along the norly property line. >> Yeah. >> Thank you. Okay. >> And applicants okay with that? >> Yeah. >> Are you >> Yeah. >> So, do you want to include the shed? Because like Charlie said, this is the time to do it. Then you'll have to come
back if you don't. >> Yeah, that's fine. >> It's better. So, she can say she wants to get a variance or, you know, approval for that, but she doesn't necessarily have to do it. >> And I don't think as long as long as it's for residential purposes and it's under the size, she doesn't need a variance for it. I'm just saying like
>> Oh, okay. It's probably in your best interest to do it now and get the ASB bill to make sure it's on your property cuz you know >> some point you don't want to sell the property 20 years from now and then you've got another headache because your shed's on someone else's property. So >> So with regard to the pad for the shed
>> that just that doesn't need to be removed entirely then it would need to just be pulled back. >> No, they could they could cut it at the property line with the survey and then if they need to make it bigger they can certainly just add on to the other side. You can at least use some >> So you don't have to remove the whole thing. You just have to get it off of the neighbor's property basically.
>> Yeah. So, it's basically just cutting it. >> Yeah. >> Yeah. The bigger pad you can cut. The smaller pad you're probably going to have to take that out and report unfortunately just cuz it's most of that's on the neighbor's property it looks like. >> And they're going to need another survey as well for the fence when they're going to fence. Recommend it.
>> Yeah. I would advise you. >> Yeah. >> You don't need to go get a full asphalt survey to go put the fence out there, but I would recommend you work with Miss Bulocks. They've got surveyors to put property corners and they can run a string line for you to be able to know where your your property line is.
>> Yeah, it's I think it's a that would be a smart move. >> And John, you said you'd like a NAS belt, too, once everything is complete. >> That's correct. Just to We don't have a surveyor uh as part of uh our staff. So, that just makes it nice and neat with someone who's licensed to do the measurements.
>> Okay. >> Okay. Anything else from the professionals? John, you want to put on record board members? Any >> questions? >> Okay, seeing none. Um, then do you have any final comments or before we
>> Okay. >> Well, we'll address the items in the letter also that that need to be addressed accordingly. >> Okay. That will be in the uh resolution that's approved. Okay. At this time, I'll entertain a motion.
>> Uh, Mr. Chairman, I make a motion that we approve the bulk variance for the PA patio in the side and rear setbacks contingent upon uh removal of the pads as required, the removal of the fence and upon
um HOA agreement to the way the PA way the pavers are set. >> Does that does that capture everything? Yeah, >> that has built. >> Oh, and and yeah, and providing the the asbuilt
>> survey. >> Okay, Mr. Caner, with the motion. Do I have a second? >> I will give that second. >> Okay. So, we have a second. Can we have a roll call? >> Mr. Caner? >> Yes.
>> Mr. Hughes? >> Yes. >> Mr. Arosco? >> Yes. >> Miss Scottson? I'm gonna give you the yes and just know that yeah, the rules, you know, the way they're set up, it's for various reasons
and but it's gorgeous and I just hope you just enjoy the crud out of it. >> Thank you. >> Thank you, >> Mr. Cabarookus. >> Yes. and chairman Mer Mer >> I must say you have a a nice neighbor
that comes up and it gives you that that I I'll tell you that makes a big impact on us >> and uh we appreciate you taking the time to come here tonight and I understand I've been down this road before I made it wasn't my fault but there was I ended
up in the same boat that you were I didn't have a big massive paver but it was a little two feet over on my deck. So, I've been down that route, >> but um like everybody said, you just got to make sure next time save the time
coming here. >> And it looks great. So, I say yes as well. >> Thank you. >> Motion carries. >> Thank you for your time. >> You're welcome. Thank you for coming tonight. >> Okay. Um >> well that's not that's not that's they
didn't get >> Eileen uh I had spoken to you prior to the meeting um we are on agreement we would like to meet just the board members before for an executive board um
>> go into executive >> Andy is that >> okay >> to discuss personnel or >> yes yes >> okay >> and Um, our next meeting, when's the reorg?
>> July. Uh, January 12th. >> July. >> OH MY. >> YOU'VE BEEN you've been retirement to >> You have nothing on the schedule till July. >> I like it when you're coming back from retirement for a little bit. >> No, it's July 12th, she said. >> No, January 12th.
>> No, I It is January 12th. >> I haven't yet. >> Okay. Uh before we go to executive professionals, thank you so much. Um >> we want to miss you guys a very merry qu Christmas.
>> See, I got I got past John's last name. Now I can't even SAY CHRISTMAS. So this is this is but I'm getting a little better. So anyway, and happy new year >> and we do hope to see you guys everybody back next year. Okay.
>> So, I need a motion to go into executive. >> I'll make a motion to go in executive. Mr. Chair, >> I will second that. >> Mr. Hughes, Wisconsin. All in favor? >> IE. Wait a minute. >> I have to read the executive. >> Okay, that's right. >> And John wants to hear it.
>> You need a clerk to take notes. >> Yes. Whereas title 10, chapter 4, section 13 of the New Jersey Revised Statutes requires that the public shall not be excluded from any meetings of a public body unless a resolution authorizing such exclusion is adopted at
a public meeting. And whereas the zoning board of adjustment of the township of Howell has determined that such a closed meeting is required to discuss certain matters which are exempted from consideration with the public in attendance under New Jersey Revised
Statutes 10:4-12, namely personnel. Now therefore, be it resolved by the zoning board of adjustment of the township of Howell that the public shall be excluded from the next portion of this meeting and that the zoning board of adjustment will
not reconvene in public session thereafter. Be it further resolved that minutes will be kept of the meeting in close session and the time and circumstances under which the discussion conducted in close session can be disclosed to the public cannot be determined at this time. Now I'll take a
motion to adjurnn. Motion to motion. >> Second favor. >> I >> thank you. >> Get a little room.