Heat. Heat. Eileen. Opening statement. >> Township of Howell Zoning Board of Adjustment. Monday, October 20th, 2025. Regular meeting. I hereby declare this meeting of the Howell Township Zoting 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 Star Ledger. Second, on January 2nd, 2025, a copy of said notice was hand delivered to the
clerk of the township of Howell. Third, 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 for your safety, please be advised that this facility is designed with two emergency exits at the rear and front 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, Eileen. Can we have a roll call? >> Mr. Burrell is excused tonight. Mr. Caner >> present. >> Mr. Hughes >> here. >> Mr. O'Donnell >> here. >> Mr. Rosco >> here. >> Mr. Ryan
>> present. >> Miss Scottson >> here. >> Mr. Kabaracus >> here. >> And Chairman Merren >> here. >> You have a quorum. >> Thank you. Can we all rise for the pledge of allegiance? I pledge algiance 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 in the professionals? >> I do. >> I do. >> Your name for the record. >> Charles Kliff.
>> Jennifer Beam. The professionals are sworn. Mr. Chairman, >> thank you. First order of business tonight, approval of minutes from the regular meeting, June 9th, 2025. Eligible voters, Burillo, Caner, Hughes,
Odono, Rosco, Ryan, Wisconsin, and Merens. So, I have a motion. >> I'll make motion to approve. >> Ryan with the motion. I'll >> second it. >> Second by Mr. O'Donnell. Roll call. >> Mr. Caner. >> Yes. >> Mr. Hughes. >> Yes. >> Mr. Mr. O'Donnell,
>> yes. >> Mr. Rosco, >> yes. >> Mr. Ryan, >> yes. >> Miss Scottson, >> yes. >> And Chairman Mertens, >> yes. >> Minutes approved. >> Okay. Any correspondence? >> I have two things for correspondence
tonight. Case number BA24-02, Zerelli Enterprises LLC has withdrawn their application from the zoning board. There will be no further hearing dates on this matter. >> Okay. Okay. >> The second I have is case number
BA25-15, Gary Edinger will be rescheduled to December 8th, 2025 as the notice was deficient with an expiration date of December 31st, 2025. >> I'm sorry, what was the date he's rescheduled for?
>> December 8th, 2025. >> Okay. Okay. Uh, okay. Resolutions. Case number BA21-18X. Muhammad Quaan. Resolution granting extension of time. Eligible vote voters
Burillo Panter Hughes O'Donnell Arasco Ryan and Merrens. I have a motion. >> Motion to approve the extension. >> Mr. Second. >> Second by Mr. Hughes. Roll call. >> Mr. Cancer. Yes, >> Mr. Hughes. >> Yes, >> Mr. O'Donnell.
>> Yes, >> Mr. Rosco. >> Yes, >> Mr. Ryan. >> Yes. >> And Chairman Merren. >> Yes. >> Resolution approved. >> Okay. Next resolution. Case number BA24-05X. Jessica Basset. Resolution granting
extension of time eligible voters Burillo Caner Hughes O'Donnell Rasco Ryan and Merren. Can I have a motion? >> I'll make the motion. >> Mr. Mr. Hughes on the motion. >> I'll second it. >> Second by Mr. O'Donnell. Roll call. >> Mr. Cancer?
>> Yes. >> Mr. Hughes? >> Yes. >> Mr. O'Donnell? >> Yes. >> Mr. Rosco? >> Yes. >> Mr. Ryan? >> Yes. >> And Chairman Merren? >> Yes. >> Resolution approved. >> And the last one tonight is case number BA21-25A.
Carlos Ortiz Castanetta. Resolution granting use variance and preliminary final major site plan eligible voters Burillo Caner Hughes O'Donnell Arasco Ryan and Merrens have a motion.
>> I'll make a motion >> by Mr. Caner. >> I'll second it. >> Second by Mr. O'Donnell. Roll call. >> Mr. Caner. >> Yes. >> Mr. Hughes. >> Yes. >> Mr. O'Donnell. >> Yes. >> Mr. Roscoll. >> Yes. >> Mr. Ryan. >> Yes.
>> And Chairman Merren. Yes. >> Resolution approved. >> Okay. Well, then we will be going to our second case and our only case tonight. Case number BA24-18, CEV Holdings LLC.
Use variance bulk variance and preliminary final major site plan. Application of CEV Hold Holdings LLC is applicant and owner seeking use variance, bulk variants, and preliminary and final major site plan approval to
construct three additions to the existing auto body shop totaling 2,367 square ft. Other proposed improvements include concrete curve, ashvault parking areas containing 10 parking stalls, a
trash enclosure, lighting landscaping, and two driveways for the auto body used on premise known as block 41, lot 14.03, 286 Victory Road with an expiration
October 20th, 2025. Good evening, Mr. >> How you doing? >> Good evening, chair, members of board, South Aliy, Clearary, Giovi, Alfir, and Jacobs. On behalf of the applicant, um, this is a pre-existing use that we're seeking to make improvements to. Uh, we
have three witnesses tonight. We have a me representative of the applicant, we have our civil engineer, and then we have a professional planner because there is devariance relief associated with the application. And we're going to start with the applicant. >> Okay, >> proceeded to my right. We you can't hear
him when he's speaking. We'll bring him up chair. >> Okay. >> Do you swear the testimony you give will be the truth, the whole truth, nothing but the truth to help you God? >> Yes, I do. >> Please state your name for the record and spell your last. >> Edward Verasi. Last name is V is inv RR
as SI. >> Thank you. You can. So, Mr. Verasi, what's your affiliation with Atlantic Auto? >> I am the owner. >> And how long have have you been operating at this property? at this property it's been 23 years. >> All right. And um during that 23 year
period um have you expanded the business in any way physically? >> No, not at all. >> Um the uh the application before the board tonight um you're requesting various modifications to the site. Can you explain to the board generally why
you're seeking the the approval? What I'm seeking the approval for is to make a work environment a lot safer for my employees, not to expand my business. Also to beautify the neighborhood of the building and the atmosphere and the
environment around it. >> Now, um, how many employees do you currently have there? >> Currently, I have six. >> Do you intend to expand the number of employees? >> The most I'd add is one, maybe two. >> U, and then hours of operation. And what
are current hours of operation? >> Right now, I am open from 8 to 6:00. If I do have a car that has to get out, I do have an employee that will stay for an hour. >> And 8 to 6, how many days a week? >> That's five days a week, Monday through Friday. And I'm open 9 to 1 on Saturday.
>> And will those hours change as a result of this application if it's approved? >> Not at all. >> Um, there's a house on the property currently. Uh, is that house uh rented to a tenant? It's rented to the tenant for over 10 years now >> and that tenant is not affiliated with
the business. >> Not at all. >> U in the various reports that we've received, there were some comments in the particularly in the planner report about modifying the architectural features to more closely uh comply with the ordinance standards. If this were
approved, you would agree as a condition of approval to satisfy the the planner's comments? >> Absolutely. Um, the vehicles themselves, do you do any work outside? >> I do not do any work outside. I do
naturally body work and paint, frame pulling. I have to do it inside. >> And that won't change if this were approved. >> Not at all. >> Do you have a a spray? >> I do have a spray booth. >> And is that inspected every year? >> Yes, it is. >> And there no issues with that? >> Not at all. >> And is that being impacted in any way if
this were approved? >> Nope. Um, in terms of deliveries, uh, let's talk about material first, forgetting about the vehicles. >> Everything goes around back through a fence yard through the back door. >> And, um, and that would stay the same as well.
>> That would stay the same. >> Um, and then in terms of vehicles that are being um, stored or are actually are sitting on site waiting to be serviced by you, where are they stored currently? At the end of the day, we put everything around back unless there's one that
comes out that's getting delivered the following morning. >> Um, do you sell any parts or anything on >> So, when he says one one >> one vehicle, okay, >> I'm sorry. I'm sorry about that. >> No problem. >> Do I sell any parts? No, I don't.
>> Um, how about garbage collection? Where is How are >> the dumpsters are in the backyard and I do have a garbage company that comes picks up my garbage and picks up my cardboard. >> And is that going to change? >> No, it's not. >> Is that garbage refu area in an enclosure of any kind?
>> It's in the backyard. It's not physically in an enclosure, but it's in the backyard. I have two separate dumpsters. If the board were to approve this application and require that you put it in a enclosure, typically on masonry, you would agree to do >> I have no problem doing it.
>> Okay. Um so I guess before I ask there's a couple more specific questions, but um do you if this were approved, how will other than the safety and convenience of your employees, will there be additional traffic generated or more business generated?
>> Not at all. Um, there was a condition and it's in the TNM report. There was a condition in an approval from 1973 that says no more than two cars shall be parked outside the building at any one time. Do you know what the what that meant at the time?
>> I have no clue. >> But um, there are no cars that are parked out front. Correct. >> So, but there are cars and there'll be more than two currently and in the future in the back in the >> in the side in the back in in a fenced and closed area. >> Okay. Um, do you need a specific loading
zone to receive material for your business? >> No, I do not. >> So, how is that done? Through the back of the garage. >> Through the back door. >> Through the back garage. That's where everything goes. >> Okay. Um, and then the vehicles that are outside, are they all operational and they just need body work?
>> They are all operational. Yep. >> How long outside does a typical vehicle park before you service it and have it removed or driven off site? I'm I'm want the vehicles behind the fence. Let my estimator do her estimate, take the car
and put it back around back. >> All right. >> I don't need an isore for the neighborhood to see. >> There's also a comment about the the air conditioning unit that it might have to be relocated um slightly because of the current location. You have any issue with that?
>> The only thing is the office is air conditioned. So, I have no problem with that at all. >> Okay. I think those are all the operational issues that we needed to address, Mr. Chair and members of the board.
>> Okay. Uh, professionals Charlie. >> So, when we review the application and I think the your site engineer has made some changes to the site layout because we brought up the concern with, you know, if you go back to 2002, the limits of the gravel yard areas behind the
building were a certain size and they certainly seem to creep over time. And I think as a result of that, your engineers removing some of these areas and proposing a burm and a planting. So when you say that you're not you haven't grown over time, the building hasn't
grown over time, but you know, the use has expanded because you were obviously using the gravel to park vehicles. I mean, I'm looking at aerials and I can see vehicles parked bumper to bumper. So, um I don't know that I would necessarily agree with that characterization, but you know, when
they had their engineer come up, they are doing some improvements as far as areas that were not, you know, installed as part part of a prior site plan approval. They're they're making an effort to rectify that. So, I just want to bring that up. And when you're talking about the vehicles that are
going to be stored in the back, like I said, arrows, you can pretty much see that they're bumper to bumper. All right. So your estimator comes, he goes or goes out there, he looks at it, sees how much work needs to get done. How long is it between that happening to them getting the work to them going and sitting back out there before
whoever comes to get these vehicles, they leave the site? What's that turn? >> All depends how bad the the damage is on the car. If if it's a minor damage, I get it out within three days. If it's a major damage, like I have to order parts and everything, as long as parts are
available, two weeks is a turnaround. >> Okay. And you don't do any resale of vehicles after they're repaired or anything like that? >> No. >> Do you operate a towing service out of the site? >> Yes, I do. I'm actually on police call right this week.
>> Okay. How does that jive with the hours of operation that you cited before? >> All depends what accidents are at night. you know, I have to tow them into the to the yard. >> So, when you said that those are the normal business hours for the towing, what's the normal business hours and how
many employees and how frequent would you say that is? >> Every third week I'm on police call. Otherwise, the the truck is parked at 5:00 and that's it. >> And when you do the towing, you serve Howal Township? You serve neighboring municipalities? >> How township? That's it. >> Okay. All right.
>> I do what I can for the community. >> Yeah. I just going back to the towing. So, every 3 weeks you're on call on average. >> Mhm. >> What are we talking about? How many vehicles are being pulled in and how many tow truck drivers are you dealing with? >> I can tell you the truth, the last time
I was on tow duty, I I brought five cars in. That was it. >> And >> the most the most cars I've ever done on a week of towing is probably 20. and they turn around, usually other body shops would call to take them out the following day or if they want to stay on
my facility and get fixed. That's I I I have to deal with the insurance company from there. >> So, the concern that I have is not so much that aspect of it, but what time like the time of night. So, like there could be an accident in the middle of the night and you could be receiving
vehicles at like 2 a.m., right? >> Correct. >> Thank you. You want to you can go >> John? >> Yeah. So, uh I want to go back to the rental. Um the address on the rental is
288 Victory. When I bought the facility back 23 years ago, the post office came to me and they asked me I I bought 7:30 Lakewood Farmale Road. They asked me if I was going to live in the house. I said, "No, I'm going to rent the house."
They said, "Do you mind for the safety of the postman, we'll give you two physical addresses on Victory Road for the rental house 288 and the body shop 286?" And I said, "I have no problem with that." >> So that's not 730 Lakewood Farmingdale then.
>> It's no 7:30 liquid Farmdale Road is my physical >> address. So I see that uh you failed a rental inspection for that very same rental back in February. Is there Is there any reason why you haven't corrected the conditions? >> I corrected all the conditions.
Miscommunications with U Dawn. I missed court on Friday. I have court on this Friday. She can come there tomorrow. Um she asked me about a cork of the chimney back 23 years ago. My insurance company told me I cannot have a fireplace in the
rental. I cked it back then. I could have gave her everything. Now I did not know. All right. She called me three weeks after she came and inspected the house. She goes, "Did you fix all the repairs?" I did not know about any of
these repairs. She physically emailed me. I did all the repairs as far as power washing the house, fixing spindles. I didn't know the dishwasher handle was broke. I went out and bought the tenants a dishwasher. Um, evidently their shower leak that had a hole in the
ceiling. They were fixing it that weekend. All it's all minor stuff. All right. But I'm kind of glad she did walk in and tell me, you know, these things so I can go after the tenants to fix them. I had no problem with that at all. Everything is fixed. Everything is done.
I have all the certifications. You know, Friday when I go to court, whatever we got to do, she could come look at the house and and we're all done. >> Okay. So, I would suggest to have that all taken care of. That's why the at the
24th I'll be at court again for this reason. >> Okay. >> All right. >> So, and S just a couple more questions. So, um I think obviously right now the site configuration you kind of just have an open stone area from Victory Road
where it kind of just comes and goes. But as part of the site plan, we'll hear the testimony from the engineer. They're proposing two curbed entryways, two ways. So, um, is the applicant willing to make a commitment that will there will be no unloading or unloading of vehicles or like any kind of equipment,
uh, materials on Victory Road within the Township right away? >> Everything will be behind the behind the fence. >> Okay. Um, as far as the auto body use, so you're just doing body work. Do you do any like hydraulics or like oil changes like that?
>> Nothing at all. >> Okay. So when vehicles come in, it's just exterior fascia kind of repairs. We're not having like total cars where like hydraulics are leaking into the soils if they're stored outside. >> No. >> Okay. Uh >> what happens if
a car coming requires like mechanical work plus body work? Do you do the body work and then ship the car somewhere else or does the car get shipped out right away? >> As far as mechanical work, are you saying like suspension work? I do that. >> No, I mean like if transmission fluid is leaking all over the place? >> Absolutely not. So, but do you do the
body work and >> and then I ship it out? Yes. >> Okay. So, I'm so I'm just putting you on notice that the fact that these vehicles are being stored on gravel is going to be problematic when your engineer comes up >> because I don't want any of those fluids leaking pen, you know, leaking into the
into the ground because it's not on typically if you have vehicles that are stored on site outside of a of a structure, the board requires them to be stored on concrete, not on gravel. So just something to keep in mind that is in if the board is to move the
application in the affirmative. >> My sneaking suspicion is that that probably will be a condition. >> I have no problem. But the vehicles that I do store that you're saying are on asphalt. All right. Not >> right. I know. But these guys typically require concrete.
>> That's not a problem at all. No, I have no problem with that at all. And then as far as uh so you said the existing building has a paint booth in it. >> Yes. >> So you're just expanding it and moving the paint booth internal into the structure. >> The paint booth is staying exactly where
it's at. >> Okay. And then storage of like hazardous or flammable materials. Those are all in like proper storage are >> its own mixing room. >> And you got spill kits and everything like that. >> Yep. >> Okay. Um,
sorry I had one more and it's now losing losing my thought process. Uh, and then you said again so there so all right so with the parking improvements that are being proposed uh to Sal's question about the condition in
the 76 resolution it said no more than two cars are stored outside. So, the parking areas in front of the building, there's four or five that are proposed. That would just be for like employee or visitor parking, right? We're not going to have overnight vehicle parked in store there. >> No. >> So, anything would be like into the
interior of the site where it's going to be fenced and screened from public view. >> Correct. >> Okay. >> And then do you have floor drains in the existing building or any proposed with the building expansion? >> I don't have no floor drains in in the
existing building. Okay. All right. That's all I have right now, Mr. Chair. >> Okay. Thanks, Charlie. Anything else, Jen? >> No, not at this time. >> Board members, Mike,
Jose, >> waiting to see what the improvements are. >> There's something about question. >> Okay, we'll hold that up. Okay, we'll move on to the next. >> Okay, we're now going to call our engineer. Thanks, Thank you.
>> Good evening everybody. Okay, we got to get sworn in and then get your policy. >> You swear the test. You swear the testimony I give will be the truth, the whole truth, nothing but the truth. >> Yes, I do. >> State your name for the record. Spell your lot. >> Anthony Maltese. M A- A- L T E S E. And Anthony, we're seeking to have you
qualified only as a professional engineer. Not only, but as a professional engineer. Can you place your credentials on the record, please? >> Sure. Um, I'm currently a professional engineer in the state of New Jersey in five other states. I'm also a professional land surveyor. Um, I'm
currently the Burrow of Free Olds, um, Township Engineer, and, uh, I've been in front of this board several times and many other boards throughout. >> Okay. We accept your credentials. Thank you. >> Thank you. And um do we have an exhibit that we want to
put up on the screen? >> Sure. We can start off with uh the ex page two of 11, the existing conditions, please. >> As you heard, the property is located at 286 Victory Boulevard. Um it is in the AR6
zone. The current use is is not um a use in in the ordinance for this zone. The property operates as a single family residential as well as a auto body uh repair shop. Um coming off Victory Road,
they currently have a paved area where they come in and out and majority of the property is uh there's a gravel area to the west. >> Just wait till we get sorry >> because >> I didn't look back. I think it'd be helpful for the board to see it. Yes, makes sense.
>> We have conf >> um it's page two of 11 existing. >> Yes, >> the site. Is this the correct one? >> That's correct.
>> Thank you. >> So, currently you can see the hatched area uh along Victory Road. Uh that's all that's all paved area where you have striping within the rightway. um to the left, which is to the to the
uh to the to the south or to the east south east westerly side actually there's all gravel parking. Um it may be difficult to see but if you follow that fence line if you can pan down uh the other way.
Yeah, if you follow that fence line going around to the left where it says existing gravel parking area. Correct. All the way to the left side of the property that's all gravel area right now.
U a majority of that you'll see on the site plan we are removing we're reconfiguring the parking lot. Um we will uh we will address any circulation. will provide a truck circulation plan as part of the comments. Mr. Conliff's com comments
um we can go to the site plan page three. Here you'll see the uh there's an entry and exit off Victory Boulevard, two of them. um the one to the east which is closer to the corner of Lakewood Farming Dell Road. That area contains a handicap
spot and three other parking stalls for uh customers only. And to answer your question, we could probably designate those with signage showing that this is for customer only parking lot. The other entry is to bring the vehicles
uh in and out for their operation. The parking lot at the proposed parking lot is completely fenced in. Uh if you go down to the next sheet, please. Sheet number four. >> Could you qualify the parking spaces in the rear? >> I'm sorry. >> Could you qualify the amount of parking
spaces in the rear? >> Sure. There are 14 spaces to the rear. >> If you want to go back to that sheet, please. Three of 11. And zoom in. There's approximately four spots directly in front of the one-story frame
existing garage to the left there of the existing and proposed addition >> and the remaining 10 spots are to the to the west. >> There's a there's a question because that area is fenced in correct or proposed to be fenced. Yes, it is. >> There's a questioning reports about uh
fence details. Do you >> Yes. >> Provide details on how the fence what the fence will be height and material. >> Yes, we will. >> Okay. >> And the existing garage that's in the back in the lower left corner. >> Yes, there's a uh existing garage.
>> Anthony, can we go back to the fence? >> Sure. >> So, we don't allow chain link. >> Okay. Um, and chain link with slats is, you know, when we're talking about aesthetic improvement to the area, chain link with slats is not cutting it. So, should the board act in the affirmative
and I have no idea what they're going to do at the end of the day, but I'm going to be looking for something other than chain link because that is not something that we typically accept here. >> Okay. I don't think the applicant has a problem with that. >> That's fine. >> Thank you. So, we I think we would still consider
the 8 foot asking for a waiver on an 8 foot high vinyl stockade fence. Um, just for to cover some of the visibility to the back of that yard a little better than a six foot. >> Um, >> the question was the structures at the bottom left
garage. Yes. Comment on. >> I am I'm not sure what the uses are of those structures. There's a one-story frame garage to the left and also an aluminum shelter. um directly connected to that. So maybe we can >> we could bring the applicant up. He could tell you what
>> Yeah, because garage implies parking. >> You want while he's here, Mr. Rossi, those two structures that Mr. Maltese just described. What are they currently used for? And >> the back garage is basically all the guy is doing is RNIing. So basically when a
car comes in damage, he takes the fender off and everything. So this way when I'm dealing with an insurance company supplement, in other words, insurance company only writes for what they can see. They write a blind. Once you take the car apart, there's more damage behind the bumper, behind anything like
that. That's it's only used for RNI and there's no painting, no bodywork at all. >> What What does RNI mean? >> RNI means remove and install. >> All right, that's that's what that means. In other words, he'll take a bumper off a car. Bumper will get painted in the body shop. He'll get the bumper. He'll put it together and put it
on the car. A car that my appraiser would look at or the insurance company would look at, there's always more damage. The insurance company's not going to write any. Nobody has Superman vision. You got to take the car apart, show the insurance company what's wrong, what's damaged, and they're going to pay
for the car. All right. Uh, the other thing we call it a hive. You know what I do? I when parts come in, we stick parts in there. That's what we do. >> It's like storage. >> It's like storage. That's all. I mean, I do have a lift in there that was never
even hooked up. It's just sitting there. I'll take it and throw it out in the garbage. Whatever you want me to do with it. >> So, the four parking spaces that are in front of the RNI garage. >> Okay. >> How do vehicles get in and out of there? Then
>> he'll put them in the garage the it's one single garage door. >> He'll he'll swing one in to work on it, take it out. There is 25 ft between the uh parking stalls and the the main building. >> So which way does the garage door face
on that garage? Does it face >> faces the main building? >> Okay. So you have four parking spaces in front of that. So how does a vehicle get into that garage door if there's cars parked in those spaces? >> I guess they would have to to move those cars that are there. Those cars are I
guess vehicles that they have access to that they can move move around. Yeah, I think that's problematic because that's what you're showing. >> Oh, that's just gra those are not parking spaces. That's just cars that >> he has it just respectfully. He has it shown on his plan as striped as four parking spaces plus one of which is a
handicap space and then the the strip. >> No handicap space in here. >> No handicap space. That's in the front. >> That's in the front. >> Yeah. Talk about the one in the back. The building in the back. >> Good job. Can you pull back >> with that metal building with the rounded roof? >> That's we call that the hive. All they do is we put um parts in there.
Basically, there's bumpers in cardboard that are getting ready to get painted. That's all we use it for. I don't think >> we'd have to bring the plan back up. They're not in front of the door, right? >> No, >> there would be if this page three of 11
is true. >> What's that? >> Those four doors here, right? >> That's correct. But all the vehicles that are being parked, they have the keys and their access to all these vehicles. So, they can maneuver them in and out >> and they're the only ones using it's all
public access to that garage. They're the only ones using that garage for themselves. for the cars that are being fixed. >> Right. >> Okay. >> Where's the door for that garage? >> It's right in front. Facing the building. >> You don't think you could use one stall for like a designated drive into the
garage door? I mean, do you need four? >> We could strike. >> Oh, we do. We do need four because we have to meet 18 spaces. So, we do need the four. >> It will be paved to the garage. So, you'll be able to drive through if there is no vehicle. But, if there's a vehicle, they can absolutely move the
vehicle because they have the keys to them. Yeah. I mean, I guess one of the questions and the concern is right like those spaces conflict with your door to the garage. For our calculation, you required to have 18 parking spaces, not including
any requirement for a paint booth because that's not something that comes up in the code. You're providing 18 spaces, but we're looking at an area that certainly looks more than 18 vehicles. So, like how is this how is this going to operate, >> right? Once the uh once the enclosure is fenced in, I mean, they don't have a
choice but to to park in those those spaces. >> Well, if you pave and stripe it, but >> this is like a free-for-all on gravel, >> right? >> Which, you know, is you're like you're here asking this board to grant relief
to expand the development, intensify the development on this site that's zone 6acre residential. And that photograph is problematic because that's what's happening out there. So it all looks pretty pretty on the plan that you have all the stuff
delineated and striped out. Even if you have it striped on pavement, you could still do that behind the fence. What's to say that that's not going to happen? >> Well, where's the fence going to be, Anthony, if this is approved in relation to >> relation to those cars that are stored?
Well, that's going to be the entryway right there where those cars are to the left. Those cars those that striping will not will not be there anymore. And that will be the entryway to go to the rear of the property. You continue straight past that building. And then you would come in and all the parking
would be to the straight ahead and to the right. A majority 10 10 spaces uh the other way. All that area is going to be remove would is proposed to be removed except for the four um spots and the entryway. Um,
I I agree with what you're saying. I obviously you know how these things go. But if you took all the cars and put them I mean just it's going to be a lot better than what it is now. That's for sure. But I know I get it. But with the burm and the and the and the chain link
fence I mean they have to >> You mean the vinyl fence? >> Yeah. with the burm and the fence and and the reduction in the front of the property, it's going to be a a much safer site. Um, how are they going to park off
striping and not on striping? I'm not I'm not sure how that will work, but I guess we can use our imagination, but at the same time, it's going to look a 100 times better than how it looks now. >> Yeah. Uh there'll there'll be a 50 foot wide buffer uh that spir to go back to
that I think the issue is right like I get it we're showing picture with like clean striped spaces but like you're showing your tra refuge enclosure there and you're like all right we'll provide a circulation that so a garbage truck can go in there >> but like this is all going to be fenced in. If that's jam-packed, how you
getting garbage out of there? Or how's a fire truck or, you know, emergency vehicle get back there if they need to if it's just parked all over the place like we saw in that picture? >> Well, I I I would think that they're going to find a way to remove the trash and it's not going to just keep overflowing because
>> you do realize you're here for use, right? >> Yes. >> Okay. Just checking >> because these are all issues that we're bringing up that your planner is writing down because she knows that she's going to have to get up here and and justify the negative criteria and to say, "Well, we'll figure it out." is not going to
cut it. Like these guys need to understand what they're approving and >> you know, >> it's been kind of uncontrolled over the past couple decades. And so, you know, and we've seen sites like this elsewhere in town where you have creep that comes
and you have things that are haphazardly parked. So, I I don't know what the solution is, S, but there's got to be some mechanism to safeguard against that because, god forbid, you know, a number of cars come in and you only have 18 parking spaces, then what are you going
to turn cars away? Like, what's going to happen? >> Yeah, >> I can answer that. I will actually take I'll make an appointment and spread them out versus taking them in. If customers can drive their cars, I will schedule
them out and I'll tell my estimators to schedule them out. >> All right, drive your cars and when I can get to you in, bring them in. >> Right. A lot of customers are throwing keys and all right, I'm going on vacation. All right. You I sorry I don't turn away work, but I do push people
away and say I can't take you in this week, but I will take you in the following Monday. The the answer I guess further is that today you saw the picture of how it operates. That that buffer is not there. The BM's not going to be there. The fencing's not going to be there. Isn't
there today we're trying to improve that. He's going to have to agree as conditional approval to use those stalls. Then it operates. If he doesn't, it's an enforcement issue like any other project. You you confirm. >> So, I have a couple questions.
>> When your client goes out um during his routine towing and it's in his territory, he gets called, they have a two or three car accident. Does he bring them all in? Those are his responsibility or do other areas come out and take cars, too?
>> There's other tow trucks that do come out. So, you kind of share it. >> I Yes. >> Okay. Now, does your auto body shop fix electric cars? >> Do I fix electric cars? >> The crashed ones. >> Um, I'm not certified to fix electric
cars. So, I >> Okay. So, what do you do with them when you pick them up? >> I push them either to another body shop or um I wait for somebody to call and and take them out of my yard. Nine times out of 10, they're out of my yard within 24 hours. If you picked up an electric vehicle and you brought it to your
place, you could actually park it on the blue stone, whatever you got left, because it has no fluid in it. >> Correct. >> And you could leave it there temporarily till somebody else takes it >> and you would just utilize your concrete and your asphalt for all your regular
business. >> Yes. >> Okay. Thank you. So, can could we talk about the the area to the far left of that plan, Anthony? What is that for? I guess you go to the next page. >> Yes, please.
>> Page 4 of 111, please. >> Other way. the left side of of the plan, please. >> So, that area that shows the um the elevations. >> So, you'll see the contours there, that's a that's a 50 foot wide, 6 foot high uh burm running along the left side
of the property um on the southern side of the property all the way to the rear of the property. It extends all the way to the um front property line. So, that's a complete buffer, completely landscaped. Um,
we had minimal comments from Miss Miss Biro. Uh, we just had to adjust a couple of the trees. >> And you've met with her since this submission was made. >> Yes, we have. We've been on site. >> So, I just want to clarify one thing for the record. While the buffer on that property line is 50 ft with the burm and
the landscaping, they don't have the buffer on any other property line, which they're required to have. So, I don't think it's complete. I think that section is buffered where none exists today, but they do not provide the buffer along Victory Road, nor do they provide the buffer along uh Lakewood
Farming Dale Road. >> And and currently to the uh the south side of our property along Lakewood Farming Dale Road, there's a um there's a a septic system that was not that was installed pretty recently. But that that area that you're showing
the the 50 foot buffer, is that an area that photographs show cars being parked in it? >> Yes. Yes. >> So that all happen >> and and that that whole area is mostly gravel up to a certain point. >> And in terms of the buffer on Victory and the other road, that condition is
what it is. And this if the board approves it, you're going to we'll have clean up what we've just talked about. If they don't, then it's going to stay the way it is. So we think this is an improvement. Uh if we we if we were coming here today and this were a vacant lot, we wouldn't have a story to tell. We wouldn't be able we wouldn't come
here to try and build this, but we're trying to improve the conditions. >> Um are there any tree removal areas proposed? >> Uh there there are not. There was a question that came up um regarding
wetlands and u to get an LOI. Just want to pass out an exhibit, please. Can I ask a question? In all the area photos, aerial photos, I'm seeing like 50 cars here. >> Is that the normal business operation to
have 50 cars? >> No. >> What are they? >> That probably that's probably I don't How long ago were those photos taken? That's what I don't know. >> So, you're saying that's cleaned up by now? >> Yeah. I used to do enterprise work and I don't do enterprise work no more. >> Okay.
>> The uh the exhibit >> Oh, it's not on this one. Yeah. >> Right. This is a more recent exhibit from the state from um >> this is the wetland shown on the the D's website. >> Did you want to number this exhibit?
>> This was taken today. >> This picture was taken. It says 1020. >> Oh, we No, we we printed it out today. >> Okay. >> This will be A13. >> They're not that good. >> Yeah. So what is A13 to pick? >> Do I have to Eileen? Do I have to
initial this? >> Does he have to initial it since it's >> secretary? >> Okay. Yeah. >> This depicts a state uh wetlands mapping from uh 2020. >> It shows that uh in the blue areas
that's that signifies uh potential wetlands. >> Um our property does not show any wetlands on the property. potential wetlands. >> So, and >> so where all these vehicles are parked in here on this back red line, they
would now have to move up to be adjacent to the garage. Is that what we're looking at? they wouldn't have that space to park at with the proposed recommendations. >> Where you're pointing at um is actually going to be that 50 foot wide burm. Yeah. >> So, they will be moved up and
consolidated to a parking >> to a parking lot >> within the fenced area. >> So, it's going to be less room for them to park cars. >> They can't have as many cars. >> Yeah, it's going to be tight. The um how is how is the lighting
proposed >> within the parking lot and also in the access points and I only had five cars in my car in my garage now. All right. So, >> we basically our lighting consists of uh the main area, the back parking lot, we
have about 1.2 to a half a foot candle. Um everywhere else uh along the burm is at zero zero lighting. Um the single family house has also zero lighting coming from the site. Uh we have some spillage along the rightway 0.1 uh foot
handle which is very minimal. >> I only have room for >> and the roadway is zero for the most for most of the way along the site. 12. Okay, we should ask. Um, and then another follow-up question. Um, bear with me one second. I have the
page. Oh, the fire officials review letter which was um, >> yeah, it's dated January 15th, uh, 2025. We, um, we have not received an updated letter from our revised plans. So
>> let's pledge in terms you agree as condition of approval to address any of the fire officials. That's the old >> Yes. >> Okay. And um we had one other Mr. Rossi just pointed out. Can you explain to the board about the the vehicles because you now have so many vehicles shown on that
one diagram? >> He's showing so many vehicles outside. Like I said, I I want to do a safe environment for my employees. Right now, my garage only fits five cars in it. I'm proposing to put more cars inside to
work on. All right. So, anywhere judging by what they're doing and how I set it up, I can probably put five more cars in there versus them being outside. Fix them inside, get them painted, get them delivered off the property.
>> The 18 parking parking sp uh parking stalls that we propose uh we did not account for any parking within the the structures. The um there are also several technical comments contained within the reports issued by um both engineer and planner
for the board. Um would you agree if the board would approve this application to address those conditions to the satisfactory? >> Yes, there's no issue there. >> Um in terms of EV parking, we're not we don't believe we're required to provide EV parking because of the number of stalls. So we we are not proposing any.
Is that correct? >> We are not proposing any. Um, I'd say anything else you have to offer? >> No, I think I think we're good. >> Any more questions from the professionals with this witness?
>> Sidewalk. >> The area does not have sidewalk, but the applicant is prepared to um make contribution. >> So, I think it's up to you to decide whether or not you want to wave sidewalk or you want the applicant to provide the sidewalk. I will tell you that we have
been pushing for sidewalk throughout the community as um a lot of the population has become more walkable. Uh so it's going to be up to them to decide whether or not sidewalk needs to be installed or you can pay the contribution.
>> What if they were put on Lakewood Farmingale? I think that is definite >> a no-brainer. >> But Victory Road is more I don't know. Yeah, it's it Victory Road is definitely more rural in nature and doesn't really
have sidewalk. However, you know, how that area ultimately develops over time, we won't know. Um, but I do agree along um the other front. >> Yeah, I should concur with you on that. I personally, I don't know how the board feels, but I'd rather see the money
going to someplace that needs them. >> Yeah, heck, >> that's fine. Whatever the board decides, we're okay with. We'll come back to that, but for now, that's I think how we're looking. >> Just a slight technical question. In the
verbiage in the the uh verbiage of the the agenda, it says there's three additions to the existing auto body shop, and I only see two. What's what's the third one? I'm probably just missing something. Got two as well.
>> I only see two in the past. >> I was I was scratching my head on that one, too. >> Maybe it's in the BM, Glenn, >> or it's in mixed in with some of those cars. >> There's also a shipping container and a shed to be removed as part of the uh the
project. >> Yeah, it s is. Is there any signage, additional signage that you're proposing as part of the application >> on development? just >> just on the building. >> Yes. >> Existing or you're proposing?
>> I had one and I've been waiting for the new building to put one on. >> All right. >> So, I would just, you know, we don't permit signage in the AR6 zone, which is where you are. So, if you are looking to put up a sign, I would advocate asking the board for relief here as opposed to
going through this whole process and then trying to pull a permit later. >> Yeah. A lot more complicated. I I had I went through that with the permit with the sign. >> All right. I I have the one on the front lawn. >> I had one on the building which was only like a 4 by six one and then I had uh
Marco Marcoite signs. They were going to put Atlantic auto body of how AC across not across the whole front but it was double the size. And then I was told, "Uhuh, no. You could put a 4 by8 up there, what you had, but you can't go
bigger with it." I says, "Okay." >> So, um, if the board were to grant this approval tonight and they were to grant you relief from the building mounted sign, would you live with the 4x8 sides? >> I would live by with the 4x8 sign. >> Okay. >> Yep. >> So, I don't know where you're getting
4x8. I'm getting four feet. So, I think that, Mr. Mr. Chair, so as not to hold this up and allow the balance of the testimony and the public to speak this evening that if the board is to act in the affirmative that you submit a sign package to us for review and based upon
what the requirements are in general, I mean we don't allow signs in the zone to begin with. So the fact that they're proposing signage the relief um you know if you guys act in the in the affirmative the relief should include the signage. >> Okay. There's the one there is entitled
to still stay there, right? Regardless, >> correct? >> But any additional signage? >> Any additional sign? Yes. Okay. >> Yeah, there's the sign, the existing >> freestanding sign. >> Are we okay with maybe keeping it that sign? >> I have no problem with that.
>> Okay. >> Nope. No problem at all. >> I I think he's still asking for the sign on the building. >> On the building we need to leave. >> Yes. and we'll submit. >> There's there's one in the building now. If you you don't mind going down the road there. Let's see if we can zoom in. >> It's on the window.
>> So, technically that's two signs. So, you would need to pay for two signs. Um because you're entitled to one wall sign on that facade. Uh any additional signage probably would need relief. So, I'm just putting that out in the universe that Miss Capone include that
in her testimony as she comes up here next. Um, and that, you know, if the board acts in the affirmative, we'll work with the applicant on the size of them. If we can't come up with a compliant size, they'll have to come back.
>> Okay, that's agreeable to everybody. >> That's fine. I have no problem with that. >> Mr. Chair, I just have a couple more questions. Easy. So, the lights, right? Everything's 3,000 Kelvin downward facing. Um, as far as the timing, does the applicant have any issue with like
cut off, hard shut off one hour after operating hours? So, >> I have no problem with that at all. >> Okay. I hate to go backwards. Uh, there is a sign showing on on the uh the project shown on the architectural pan plans 9 of 12 on the front of the
building a sign by 12t. Is that not what we're doing? Whatever the whatever the committee wants, I will abide by it. >> So, right now, you're saying this lights are going off in about an hour after >> correct. >> Okay.
>> Well, what happens when a tow truck comes in in the middle of night? >> That that's that was going to be my next question. >> Tow truck comes in in the middle of the night, either I'd have a sensors on or I would just do what I'm doing with them now. Use the headlights and use the spotlights on the truck once you're in
the yard. >> Okay. And let me just a couple more, Mr. Maltese. So, uh I don't take issue with the wetlands exhibit he showed. Um there are wetlands that are shown in the public rightway, but uh that's an approved rightway that's been approved
right away for a long period of time. And traditionally if D wetlands don't traverse across rightaways as far as buffer requirements and things like that. So we didn't take any issue with that. I know the environmental commission might have had a note in their memo about that. Um can you talk
about the map and the plan shows an area of rightaway easement at the corner of Victory Road and Lakewood Farmingdale Road. What what that's for and is that an easement or is a rightaway that's already been dedicated? And the reason I ask is because your your landscaping plan shows some
plantings within that easement. So >> took that >> what's contemplated with that. >> I'm not certain. It's a 10-ft buffer of some kind. I would have to >> No, no, I'm not talking about the buffer. You have a You know, it's not perfectly triangular.
>> I can tell you what that is. You sold a piece of your property to the prospective developer down the street for a slip ramp. I sell him because he I walked up on Howell Township in Mama Talton. All right. >> So, he's taken 10-foot easement down
Victory and on Lakewood Farm. He proposed to me five foot of the front to move the telephone pole and the stop sign. That's all I sold him. He's already taken the 10-ft easement. >> So, I could just say this was an application that was heard before the
planning board. There were some concerns about the swing of the tractor trailers coming down Victory swinging into opposing lanes of traffic on Lakewood um Farmdale Road. And so as a mitigation measure, a portion of this corner was either purchased outright or through an
easement. I'm not 100% sure, but they showed it on their plans to have a slip ramp so that any tractor trailers now that, as you know, approval is in litigation, so we don't really know how that's going to turn out, but that slip ramp was intended to allow trucks to
move in a southern in a southern direction on Lakewood Farming Road without having to go into opposing lanes of traffic. Also, would it be in benefit to buses making that same movement where they can keep the movement all the way in their travel lane instead of extending into the OP, you know, the
opposing lane of traffic. >> Yes. So, and I just want to clarify because you said you you agreed to give them 10 feet along Victory Road. >> No, I didn't agree. No, they they're taking 10 feet. They're taking How Howell Township 10-ft easement. They're taking it on both sides. All right. And
then on the other side, he did not want to sell the corner to him. They said they're taking nine foot up there and they're going to move the telephone pole on there. So there's a Y at Victory Road onto Lakewood. >> So I just want to make sure we're on the same page with that. So the property lines that Mr. Maltese's plan show in
dark that's after the township has taken a 10 foot wide ement or rightway along your frontage. And the reason why I asked that is because you're showing a 10- foot wide buffer planting strip. And I just want to make sure that that is something that if the board acts favorably can actually be installed and that there's no other incumbrance on
that area. Uh because especially since you need relief along that frontage. So I just want to make sure we're all on the same page in that regard. >> Absolutely. Everything's all all on after the 10 foot. >> Okay. >> All right. >> They took the 10 foot along Victory Boulevard already. >> They >> Is that what you're saying?
>> That's what they're going to take. They're going to take >> They're going to or they took it? >> No, not yet. They didn't take it yet, but that's what they're proposing. She says it's in leg a long victory or >> maybe maybe it's a good time to take a 5minute break and let them get their ducks in a row. >> Yeah,
>> that'll be helpful. >> Okay, Eileen will take a 10-minute break. >> The board will now take a 10-minute break and reconvene at 8:10 p.m. Thank you. Okay, we're back in >> the meeting will now reconvene.
>> Mr. Chair, we got Mr. Verasi, they were talking apples and oranges, so we've clarified it. And can you put on the record? >> Yes. So, what we show is the area of rightway of an easement that was um that was established uh as Miss Beam said
regarding the turning Um that 10-foot buffer was actually provided proposed to because we could not provide a 50-ft buffer. So we propo proposed a 10-ft wide uh landscape buffer. >> So the the the the property line on
victory is not changing and then you have 10 ft inside that that's a e buffer ement that we're providing to this town for planting. Right. >> Yes. >> Not for road widening or dedication to the town or anywhere else. >> Yes, that's correct. And I believe we
might have to trim that back to the area of the the current easement that's shown there. >> Yeah. Yeah. So that you had a a tree maybe that's in the easement down at the corner at Lakewood Farmdale and Victory, but the property line you show along Victory that is after any rightway and
that meets the master plan. Correct. Okay. >> That's correct. >> That's good. >> Uh and then I think the last two comments that I have is uh we just want to see the plan revised because there's different hatchings. Some say to be removed as far as some of the gravel areas. Some say nothing hatching's
missing. That just needs to be consistent so that way we know what's approved if the board acts favorably and we know what's supposed to get taken. >> 30 in your report. >> Yeah. >> And and then the last comment that I have is there's two septic systems on the site. Obviously the the uh
commercial structure is expanding. So any expansion of the septic system or certification of the septic system that's subject to board of health. uh you know you're going to get need them to certify that the use can can handle um existing septic systems can handle that. >> No problem.
>> That's all I have Mr. Chair. >> Okay. >> Yeah. >> Any board members any more uh questions for the engineer? >> We may have some later but for now >> that's right. So thank you. Our last witness is our planner.
Um, >> stand. >> What you say? Christine, >> do you testimony give will be the truth, tell truth, nothing but the truth. >> Yes. >> State your name for the record. Spell your last. >> Christine Kafone. C O F O N E. Business address is 52 reckless, Red Bank, New
Jersey 07701. Testifying this evening is a licensed professional planner. I've qualified here many, many times. Um, my licenses are current and valid. I've testified over hundreds of boards. >> Okay. Thank you. You accept your qualifications. >> Thank you. Thank you. So, the reason
we're here tonight, despite the fact that this is an existing developed commercial auto body in the AR6 zone is the AR6 zone does not allow this use. And because the use was established by variance, it's not an expansion of a
non-confirmed use. We need to seek another D1 variance. So now we we need to demonstrate to you that the site is particularly suitable for this proposed use. Um it's a corner lot. There's an existing auto body on it and it is quite undersized for other uses in the AR
zone. So I think it certainly is appropriately sized to the use that we are proposing. Um I I look at this case I know we we need a technical D1, but when you're dealing with an expansion of a non-conforming
use, the concept is the same, right? The prevailing case there is Burbridge. And when you're dealing with Burbridge, Burbridge tells you to look at the betterments, right? And it can't just be aesthetics alone. It has to be something that improves the functionality of the site in addition to aesthetics. And here
you've heard a lot of testimony from our site civil engineer of what we're doing wrong on the site, right? And that's a lot. There's a lot that we're not we're not really hitting our strides with respect to conformance with the ordinance. That is in some ways good when you have an application like this that comes before you because it creates
a lot of opportunity for betterments. I heard a lot of things in looking at the plans and having been before this board as many times as I have, I know that there are a laundry list of things that should the board move affirmatively on this application that you could build
into the resolution of approval um to allow us to meet our burden of proof with respect to the negative criteria. So, as like I testified to particular suitability, as far as the special reasons and the positive criteria, I think the board could look at criteria
G, sufficient space and appropriate locations for a variety of uses. Criteria M, which talks about an efficient use of the land because we're already here. And then criteria I, which talks about a desirable visual environment, um, and creative
development design techniques. So that's three, G, M, and I. Statutoily, in order to be entitled to grant this grant to this variance, we only have to satisfy one. So if you didn't agree with all of them, we could still meet our burden of proof if you agreed with one of them. Um, and that leaves us with the negative
criteria, which to me is really the crux of this case, right? The crux of this case is the impact on the public good and the zone plan because the site is here today. So what we as an applicant and I think you know the board could be focusing on here is what can we be doing
better and what conditions can we approve to allow this business to exist here and to I know we call it an expansion but you heard the testimony from from the applicant from the operator that they don't intend to increase um substantially the operations
of the business. They're really doing this to allow the existing business to function in a more safe and efficient manner. And some of the things that I heard was that the board, the applicant would accept a condition that there be no unloading or loading on Victory Road, that we would provide a masonry
enclosure for the trash, that we would restrict any outside work. It would all be done inside. The parking in the front would be limited. The front along Victory would be limited to employees or customers who are coming in, not customer cars. We would improve the
buffer. We improve circulation. no change in the hours of operation which were um 8 to 6 Monday through Friday and 9:1 on Saturday and that we would do what the board wanted with respect to sidewalks. I know this board has been um
very consistent with asking applicants to put sidewalks in and certainly we would defer to you and your planners. So those are really the functional things that we can do on site. In addition to that, there's things that we can do to make the site look better, right? We have we're adding a significant amount
of landscaping to the site in a more formal landscaping plan whereas the only thing we have out there now really are a couple of sort of skinny arborites and most of them aren't even in great shape. A lot of them are really dead. So we'll we'll have a more formal landscaping
plan. We can put the vinyl fence in. We heard your planner loud and clear. So, we will abandon our ask for any relief for the chain link fence and we will just agree to put a vinyl fence in and we will work with your planner also on the architecture as well as a sign plan.
And your ordinance does make an allowance for corner lots. It does allow additional signs. I think you're allowed two of any of the signs and they're both allowed to say face the same road. So, your ordinance does make an allowance for an additional sign. um there and we
already have though the one ground sign and the the proposed one on the building. So to the extent that you consider that more than two signs, we would need to seek that relief. But we could certainly work with your planner um and engineer to come up with an appropriately scaled sign plan to this
to this building. So when I think of the negative criteria, right, and and this board knows it's the detriment is not hold this applicant or any other applicant to a standard. there be no detriment is just as the grant of the benefit of the variance outweigh any
detriment and here yes we are seeking a D1 variance and as your planner outlines we need meet a host of other bulk requirements as well right the lot area is unders sized the minimum lot width is 300 where 226 is required the minimum
lot depth is 400 versus 172 none of those conditions are changing right they're existing conditions it's existing undersized lots and then we're asking for building coverage and maximum lot coverage. Those numbers respectively are 3% and 5%. And there is a reason why
when you see the D1 variance that those bulks like lot coverage and building coverage are subsumed because they seem unfairly prejuditial, right? A 5% building coverage and a lot percent coverage of 5% is not what your ordinance was designed to for this type
of use. And that's why when you go for a Dvariance, the bulks are subsumed because it's unfairly prejuditial. It makes it look like a bad application because you're designing against standards that your use wasn't contemplated for. So I believe that the board can grant all the relief. I
believe the site is particularly suitable. And I think that um if the board moves favorably on this application, while we do need some variance relief, I think as far as the negative criteria, I think we are not going to rise to the level of a
substantial detriment on the zone plan and the public good. And I think that with all of the betterments that are being proposed in conjunction with this application and the conditions of approval that the applicant has been willing to accept, I think that we certainly will meet our statutory burden
of proof with respect to the negative criteria. >> Thank you. >> You're welcome. >> Thank you, Jennifer. >> So, there's a couple things. I mean, I don't know if I agree that the the lots unders sized for permitted uses in the
zone, which are single family detached residential structures, and putting a single family house on an acre and a half is certainly fits within the character. Um, I recognize that the uses here, but this
area was recently reszoned from SED. I think this site has always been a 6, but the area along Victory was reszoned last year, the year before, right from SED to AR6, which kind of tells you the
direction that the governing body is looking to move in this area. Um, so, you know, I just want the board to keep that into consideration. That was a recent change that was just that just took place. Um I you know I don't deny
that that this is going to clean things up. It is definitely going to clean things up. What I I think that I think the particular suitability of the site is more an issue than um not because of the change in the land use philosophy
that the governing body has put forth in this area. Um but I do think what they're proposing by providing you know a buffer at least along portion of the property full width full burm full landscaped um the provision of the solid
fence which will enclose the yard and and screen the vehicles. I do have concerns operationally that, you know, when you look at aerial photography, historic aerial photography for these types of uses, you know, you could put you could stripe as many spaces as you
can fit, but the cars are going to be where they're going to be. So, that's a concern as well. And at the end of the day, you know, all of this efficient operation for 18 parking spaces, I guess one has to ask like is that going to
make sense in in the big picture? Um, there is no traffic testimony. I'm assuming that this is really based upon the testimony operationally versus an increase in the business. I think they said like one or two additional employees. You know, I do think that
this use in the AR6 zone that has that tow capacity as part of the operation that is not really like controlled as well as we could if it was just the operation on site. You know, cars could
be coming in all hours of the night, spotlights, headlights, what have you. So, you know, there are some concerns with this use. I mean obviously if the board you know it's important to note not just for the board members but for the public as well if if the board does
not act in the affirmative the use does not go away. It continues to operate and run on the property as is. So I think I think Miss Capone is correct in that when you're really evaluating whether or not it's appropriate, you have to determine whether the benefits that are being put forth by the application
outweigh the detriments of, you know, whatever is going to happen here in the future. Um, it's a tough call. It really is because normally I would say, you know, to expand a non-residential use in our most restrictive residential zone is
something that we don't typically look favorably on just because it is such a deviation from what the zoning requires. But in this particular instance, the use has been here for quite a while. The applicant has agreed to pretty much every single thing Charlie or I have
asked of them as part of the application. So, you're going to just have to weigh whether you think what they're proposing and how they're cleaning up the site is enough to get over, you know, an expansion of a non residential use in the AR6 zone. You
know, also keep in mind that there was a warehouse that was denied down the road, but that is in litigation. The trial just happened, I don't know, two or three weeks ago. No decision has happened. And if you remember, for those of you who were here during the LNO litigation, how long it took for us to
get a decision on that matter. So I have no idea when that decision is going to come about. If it comes about favorably and the town decides to accept it, then the character of this area is going to change as well to become a little bit more industrial. So it's also keeping
that keep in mind. If I could just follow that up with one thing, Chairman Martins, that I should have read into the record because I wanted to point this out was the stated purpose of the AR6 in the zoning ordinance in Howell is minimize the impacts of development in areas located
outside of the centers identified in the township's master plan. The goals include preservation of rural and agricultural uses and preservation of rural character. Many areas include significant environmental constraints including wetlands, flood plan, flood planes, rare and endangered species
habitats, aquifer recharge areas, and highquality warheds. All of those things that you're concerned about in the AR6 zone are absent on the property that's before you tonight. So I think and I should have said that in my direct on the negative criteria and I meant to because I had it highlighted here and I
left it out but I think it's important because when you look at what you are envisioning to protect in your six zone it's all of those characteristics of properties which are noticeably ab absent from the subject property. >> Any board members with any questions for
the planner? Seeing none, um I guess uh Mr. Alfill if you're >> Thank you. >> That concludes our presentation. We're prepared to hear from the public if it's okay with >> Okay, everybody. >> A motion to open the public, Mr. Chairman. >> Second.
>> All in favor? >> I opening statement for public comment. >> The board will now be open to the public. If you have questions or comments, please come up and state your name and home address. Thank you. Betty Vez Gimble, 97 Victory Road.
>> M Gimble, do do you swear or affirm the testimony you give will be the truth, told truth, nothing but the truth? >> Good evening. >> Good evening. Good evening. I was happy to see those aerial views. I requested prior resolutions for this
property months ago and I was given two use variances from 1970s. I see they are included in the application. So, I'm assuming that they are the only ones. Are there any other resolutions of approval from this board for this property?
>> None that we're aware of. >> Okay. You have an applicant with a significantly undersized lot 1.54, essentially a quarter of the minimum lot size in a residential zone for 6 acres.
The applicant is asking to expand a non-conforming use in which he cannot comply or he has not attempted to comply with the lot size, the setbacks, the coverage, and there are multiple
principal uses on this lot. and he's asking to double the size of his operation. I have the engineering uh the engineers review from the township. So the waiverss and whatnot for the um
discussion is the minimum lot area required is 6 acres. 1.54 acres exist as I stated the minimum lot width the minimum is 300 feet whereas 225 226 exists the lot depth the minimum lot
depth required is 400 whereas 172 ft exists the front yard setback the minimum front yard setback required is 100 ft whereas 12.61 61 ft exists.
100 ft. We have 12.6. The minimum front yard setback required is 100 ft whereas plus or minus 7 ft exists. 7 ft. The maximum lot coverage permitted is 5%.
Whereas 55.28 exists. The maximum building coverage permitted is 3% whereas 9.74 exists. The auto body shops are not a permitted
use in AR6 zone which has been discussed. There's a single family dwelling along with the auto body. The then there is the existing detached garage and the third principal structure which I believe they refer to as the hive. I
could be wrong. The maximum lot coverage is 5% and it's 41.33 is proposed. Plans have been revised to depict a 30-foot buffer along the southerntherly part property line, 50-ft buffer along the
westerly property line, a 10-ft buffer along Victory Road, and no buffer along Lakewood Farmingdale Road. I can go on but I believe that we have this. I will remind this board that earlier last year as mentioned that this
property owner sold the township did not take it. Sold an easement to a warehouse developer on Victory Road so that tractor trailers coming and going from the proposed warehouse can turn southbound on 547 and westbound onto Victory Road. The sale price was
$30,000. At that time, this obligation was pending before the planning board. We argued that this easement required a variance. Therefore, it needed to come before this board. The sole purpose of this easement was to facilitate the
movement of industrial vehicles for this industrial development. I would like to enter the easement deed into the record. Is this property going to now operate with three principal uses? If these
improvements for this easement are perfected, if he paves over the easement, does this increase the impervious coverage? Does this easement now constitute an industrial use? Will this board compel this applicant to
abandon two of the uses on this property and operate as one principal use? Are current conditions in compliance with prior approvals? The resolution stated two cars parked outside which has been discussed. I live
on Victory Road and drive past twice a day. And on every any given day, based on my observations, there are 15 to 20 cars parked outside, not including the cars in the back.
The erected structures not in compliance with prior variance approval. When was this installed? Based on an Oprah request from 1970 to present, I pulled permits for this property and there were no permits in connection to
the metal hoop structure that they describe as the hive. With this structure has this property owner already expanded his use without proper zoning approvals. Then there's the addition of the paint
booth which requ which requires an electrical upgrade. There is no permit for this upgrade. Perhaps getting inspections yearly. I I haven't seen any of that. So, um there is no permit for the newly installed
fencing, I believe, within the last couple of years. No. Um again, I'm going off of the resolution. No other condition will be permitted to exist that will adversely affect adjacent property owners, such as the carrying of noise or odor from the
subject premises onto any properties adjacent. With the addition of the paint booth, fumes carry onto adjacent properties. The noise of unloading and working at all hours of the night on weekdays and weekends.
The resolution also called for screening around the parking where the disabled auto uh disabled autos are parked. Disabled vehicles and car parts can be seen both Victory on Victory Road and 547. I was told and I I did not have an
opportunity to to go into the archives that this was before the board before and it was denied and I would like to know why. This expansion will have a negative adverse impact on the residents of Victory Road as has been the case up to
this point. You have an applicant that has not been operating within compliance with his prior approvals. Therefore, we cannot trust this applicant will operate in compliance with any future approvals.
I believe the applicant has outgrown the site and as stated by Miss Beam, I agree this is a rural area and the governing body is moving in that direction and we are forever grateful. I
do have a survey as well that shows that the hive was not on the property. So I will enter that into the record. You >> submit that. I see. that was received from the township. I have to get the date.
>> What's What's the date on that survey? >> What's the date on that? >> Um I have I I You know what? I'll submit my whole pile of papers. I'm sure the date is in there. How's that? >> Okay. Should I get that now or do you want me to >> Yeah. Yeah, we're going to need it now because
before before they're marked. Can you show those to S Mr. Alfuri before we mark him >> so we so see if he has any objections trying to figure out this Well, I I have no objection to any of
the permits. The survey I only because I don't know when it was done, whether it was done 50 years ago or 5 years ago. It's hard for me to comment on it. >> Okay. So my OPER request for from 1970 to present
and these are the documents I received for permits and code violations and any changes. >> It's from 1970. >> Well, we don't know if it's from 197. >> Well, yeah, we don't Yeah, this is this
the hive structure was structure is fairly new. I mean, >> they didn't have those in 1970. You're saying there was no permits submitted? >> No permits submitted for that hive structure. No electrical permits are here. The only permits that are here are
for roofing. >> John, could you chime in here because I'd be >> I don't see anything in our system as I'm going through it. >> On what? >> On the hive structure, right? >> And electrical for for the upgrade for
the paint booth. Uh >> I I just >> let the applicant give us >> there was always a paint >> might have some of the answers. >> The testimony was that there was always a paint booth there. So I don't know
what the upgrade is that she's referring to. >> Um >> but that gets inspected by the fire official every year. So I don't you don't you don't need a permit to get inspected. I'll just state for looking at the historical arerials. It appears that
that structure materialized on the site between 2016 and 2017. >> That's the >> Yeah. >> Yes. >> Okay. >> I can take it down. >> Let's just do one thing at a time. >> No anchor. So we could mark if you want
to hand your exhibits to the to Eileen and then we'll mark those like and these were all in response to an Oprah request on the property. >> Okay. From the township of >> she that leads to the obvious question.
Would there have had to been a permit to build that structure? >> Yeah. For the hive >> prior to >> Okay. And and not seeing one. We we probably need an answer to that. Yeah. Well, I I've got a couple of questions on that. So, >> well, why don't we before we go? Let I I
don't know if the if if this witness is done and we have the time limit as well, Mr. >> We haven't been keeping to at least right now. >> But hey, you're good. >> Oh, okay. Betty, before you proceed, um, in the
public, I'd like to get a show of hands. Who else is planning on coming up? >> One, two. Okay, Betty. Um, just, you know, I think we're going to look at what you submitted. We'll And
but I do want to try to wrap things up. We have we have some questions as well based on >> some of what you testified. >> Um just one last comment. Um just the the fact that came you know came to me when I was listening is how can you not
expand your operation um and then pay for all of these uh upgrades and all of this construction? Uh it's very expensive nowadays. So going to have to make the money somewhere and if Thank you so much
for your time. >> Thank you, >> Mr. Chair. If I I just want to clarify something. So um the applicant did resubmit plans and we issued an updated letter on October 10th and there was I think Miss Vez brought up uh the lot coverage as being 41%
and change. Uh the applicant did make revisions to the buffer that was shown along the south and the west property line. So that in previous coverage with taking out some of the areas uh in our most recent letter was 37.42%. And then as far as the buffer not being
50 ft versus 30 ft um our most updated letter they have a 50ft buffer along the south and the west side of the property and it is burned and and landscaped. So um I think she might have just been quoting from probably the review letter prior which reflected the plans at the time but that's subsequently been uh
revised. Okay. uh in accordance with what you've seen tonight. So, >> okay. Anybody else? >> Please come on up. >> Good evening. >> Good evening. My name is Michelle Cy. S
is in Sam Eip. Peter. Uh my address, >> you swear affirm the testimony you'll give will be the truth, the whole truth, and nothing but the truth. >> I do. My address is 185 Victory Road. >> Okay. >> I lived there for 34 years on Victory
Road. I've watched Betty do a lot of work with the warehouse and appreciate it greatly. um because it was a lot of work. But my understanding, I don't know if anybody here went to court that day
that at Mammoth uh mom courthouse um when one person walked out, she was in tears about how it was represented by our lawyer from the township compared to the lawyer of
Stabola or whomever. that warehouse is gonna come. If I I walked out of thinking that warehouse is gonna come. Here's a man that has a successful business. We're gonna have 72 tractor trailers on our road and all he wants to do is leave this to his son. I
on that road. I go up and down that road a million times a day. I don't work. I go there. I stop. I say hi. I get he's done good work for me, good work for my husband. This is a man that wants to leave something to his son. It's look at it more that way. I think a lot of
people on Victory Road are upset because yes, he made money from selling that whatever amount of property, but that's his right to do that. If I had if I was in the situation, I don't know what I would have done. But obviously, he's not turning his back on
the neighbors. He was doing something for his son and he may actually, like you said, make it look better than what it does now. That's all I want to say. Okay. >> Thank you. >> Thank you. I have one thing to add as well
regarding the lock cover. >> Yeah, we're doing No, wait. Can you just wait? >> We're not We're not in that part of the meeting >> as we speak. Why? >> It's like the wild. >> All right. Nicole Woolly, 223 Victory
Road. Miss Willie, do you uh swear affirm the testimony you give will be the truth, the whole truth, and nothing but the truth. >> I do. >> Good evening. >> Hi. Um I hope you're a little patient with me. I was hoping not to speak tonight, but unfortunately several of the neighbors either fell ill or injury,
various reasons. Even though they wanted to be here, they couldn't speak, so kind of left up to me. And Mrs. Wletz. Um I was born and raised on Victory Road. I have a pretty good background of the area. Um,
H&H Auto Body originally had um the variance. It was supposed to be a twocar garage, promised it would never be more than two cars. The neighbors agreed to it because they wanted to be neighborly and this guy had to support his several
children. Um, I still partially feel that way. Yes. you know, we we want you to be able to make a living and all that, but it's gotten too much for our area. Um there's I mean, on the way
here, it was quarter to 7 at night and it was lit up like a city. I actually stopped and took pictures of it. Both garage doors were open. All the lights were there. I saw three different people workers there, not one. There was two
actually it would have been more than that because two were moving cars and there were workers inside people inside. I shouldn't say workers people. Um there was approximately a dozen cars outside and that was minutes before 7:00 tonight. Um it happens all the time.
There's as you mentioned tow trucks all hours of the night. Uh lights shining in to houses. um you know the house across the street, you know, you can go there and smell the the paint fumes or listen
to the different machinery, you know, all day long. The peaceful area of the neighborhood where you're hanging out in your backyard, a beautiful 12 acre piece of property is now, you know, you're breathing in the pain rooms, you can't sleep with the
windows open. there's uh bright lights shining across the street and that's how it is now. Um also the down victory where it's supposed to be grass gravel was put in there. Um and
then it's my understanding it was told like no that's not allowed. You can't park there. But the gravel was never removed. So it's still dirt and gravel there. Then you have the gravel driveway. Then you have the the pavement that was has been increased over years.
So there have been additions for lack of a better word over the years. Um and now they want you want to do concrete behind the building and more parking spaces. And I understand you saying there are new plans with BMS, but I
still worry about runoff. It is a um area 6 rural road. People bought in that area for the the quality of life. Um my brother across the street fears for his um I mean not just all the things that I
mentioned quality of life but his property value. Um and I know um he said >> we should only focus on your money, not your brothers. >> Yeah. >> Okay. Yeah. Well, no problem. generally like property values are not a a factor
in a land use board's determination. Understand >> the personal concern, but that's not a >> Okay. >> Um yes. Uh driving down the road, cars parked in the road because there's no shoulders.
Happens all the time where you have to go around them. And 547 is a busy road. Sonum is a busy road. the cars come around and you're going around a car, it it's not safe. People park on the other side of the street, which is private
property, but there's been flatbed tractor trailers that just pull up and and park there. So, again, they're in the road. You have to go around it because um there's no shoulder. Um >> the question I have is um according to
their website now I don't remember because it was be before I was born and when I was little what the hours were of the original variance so I don't know that but on the website the current website the hours say 9 to5 but um we're saying that they're longer
than that and again I've witnessed much much uh later than that and no No one wants to take this guy's livelihood away, but kind of, you know, we have to care about ourselves, too. And enough is enough. You're making a good livelihood. It's not, we're not stealing it from his
son. Um, if anything, it's taking away from us. Um, oh, and as far as the um one comment that was made about the the um the property does not have the AR6 qualities, well, no, it doesn't. And
that's kind of our concern. It doesn't now. he wants to expand upon it even more. Two more employees sounds like nothing, but that's 30% increase in business. But if he had six employees, two is a lot. Um, but across the street,
you have you have Squankham brook, you have farms, you have all those things that you know, different wildlife, you have all the things that was mentioned. I'm I'm sorry I forgot her name. But um no, it's not directly on the property, but that property is affecting all the
neighbors and and the area that does have that. Um sorry, I just jotted a few things. I think that pretty much covers most of the highlights. >> I would like to know where is your property? Um on
>> I was just 223 Victory Road. So if it's on the opposite side of the street, three properties down. >> Okay. >> So there's directly across the street, then there's a farm farmhouse um uh horse farm and then 223. So right before
the curve. >> You're before the railroad tracks. >> I'm on this side of the curve. Um um yeah. So it's right on the curve. So >> Okay. Yep. I mean within 200 middleacre farm farm.
Sorry. >> You see where it says little? The cursor was just there. You >> the curve. Okay. >> And then >> and then part of the farm is directly across the street as well. >> Okay.
>> Okay. >> Okay. Thank you. >> Thank you. >> Appreciate. >> Anybody else? Seeing none, can I have a motion to close? >> Motion to close. Second. >> All in favor? >> Yes. >> The board is now closed to the public.
>> Salah, your um engineer was going to come up. Um I'll let him chime in when he wanted to let us know because I I want to make sure we got everything covered before we proceed any further. >> Thank you, sir. I just want to make it
clear that um the existing lot coverage on the property prior to any proposal is 55.28%. The proposal is 37.42. So we're significantly making it uh less impactful with impervious coverage. Um
and it seems that these neighbors are not too close from the property. But what's happening is I don't know if they realize but with 8ft fences and 6ft BMS I'm not sure if they're understanding what this plan looks like but there's only four parking spaces in the front.
They won't be able to see 20 spaces. I think a lot of their complaints are coming from the existing operation and I don't think they realize what the proposed operation looks like >> so that that's the only comments I want to make. >> Okay. >> So M I'll just go ahead add some clarity
to that. So I don't dispute that it's going from 55 down to 37, but I think it's in the context is uh it's being decreased because we're making them decrease it because we questioned areas that had creeped over time, right? So they're bringing it back to like early
2000s levels of what have seen on the arrow. So yes, the numbers are correct, but uh it's not like we're just giving it back. It probably shouldn't have been there in the first place. So >> okay, >> B, just question to John.
John, what level of integrity to the enforcement do we have to the provisions that they they swore to tonight as far as the hours of working the parking on on Victory Road, all that?
So, I mean, uh, in the context of, uh, of the board, if you make it a condition of your approval, there's something there that if we do receive a complaint that we'd be able to enforce it and we have something in writing, in essence, that we can point to and say, "Hey,
listen, you're not supposed to be open past 5 or you're not supposed to be parking." Uh so uh it's definitely enforceable, but once again, I've said it before in other cases, it's it's stipulations like that that have to be in the approval so that we can enforce
it. So if you leave something wide open, be as specific as as possible so that we can say, you know, there there is no gray area. You're supposed to close at 6, then a minute past 600. Obviously, you know, a minute is a bit of extreme, but you know, 6:00 means 6:00. If you
have people there at 8:00 bringing stuff in and out, um, then it's a violation and we could we could issue that. Uh, or for anything any kind of parameter that you you place. >> Have we covered all of that that we need to tonight? Are we missing anything? >> Um, you know, the the towing a aspect. I
mean, if you're saying you're open till 6:00, yet you have a towing operation that operates 24 hours a day in essence because you're on call, then you're 6:00. You know, the reality is six o'clock isn't really six o'clock. You have a
business that's operating 24 hours a day. >> So, unless he towes those cars to another lot that's not there, um, you know, now you get into a matter of semantics. Is is the car coming from an accident? It's a car coming from, you know, another shop that they just
happened to move in the middle of the night. Um, so it's a lot. >> Thank you. I want to clarify presently the way it is right now in the resolution that they have what they're going by and there's people obviously
concerned about the hours. I came over here it was after 6. So I I do not deny that what the residents say is is a fact. But is what do we have any of this resolution from the um previous variance
that was granted? So you when the they see this they can call and it can be cuz I don't under did your office get any complaints. >> I I don't have any any active complaints. I know code enforcement's been on the property. Uh um you know the
the timeline in which the the steel building appeared was right around the time uh myself and uh Mr. Howard uh were hired. So, you know, um these resolutions aren't handily ready for us to to look at like the code is where I
could just go online and look up any ordinance that I have. >> Okay. So, it's a little with this this operation right now, it's a little gray because you you are you make a good point. The taxi the towing operation totally abolishes that operating hours.
Is there a way to distinct between is there a distinction between those two things? Like a body shop closing at 6 and then going >> I mean if if if that's a stipulation that you put in the resolution, sure you could stipulate that, but you would have to >> um
>> you know come up with uh verbiage to to distinguish the two and what activities are actually going to be allowed. you know, somebody, you know, knocking out a fender at, you know, 601 is not allowed,
but a truck coming in to uh park a car in the back. All right. And that's all you're doing is there's no work being done outside. The the main shop has to be closed. If there's a designated area where these cars are being stored, that's the only area we should see uh a
tow truck and and a car being moved in or out of the uh the property. >> I have the only >> I have a quick question, Mr. Verasi. um for for the um so I'm assuming the township or maybe the t maybe John you can answer this does the township have a
set schedule so for example let's just say certified has a week that they're doing towing >> every third week I'm on >> so you have so there is an existing calendar with how police >> correct >> with that okay yes >> so if if that's in existence then we
perhaps could put a stipulation in stating this is the week they're doing the towing these are the hours in which it happens. We need to make sure that that's all that's happening. That's it. >> I mean, so because it's already memorialized with with the police
department, >> correct? >> Okay. >> Well, let let me add one thing to that, Mr. Feresy. So, let's say you have a customer of yours that gets into an accident at 10:00 at night and they get picked up by a different towing company and they request that their vehicle get
dropped off at your yard. Now, >> that happens all the time, I would imagine. Right now, right? >> Only if they have AAA, it will get dropped off at my yard. Otherwise, I'd have to go like tomorrow, I have to go to Price, right? Pick up uh a friend of mine's car. They take it to their yard.
I got to go pay them the charges, storage, and then I pick it up. >> I just went through that with my daughter. So, I can answer that question. >> Yes. >> Also, everybody's bringing up 1970. If they look up on Henry Herbert's when I
bought the property, his I have the only zoned impound yard in Howell. Henry Herbert had this done when he got the body shop. So, if you look back on those records, there's a square area that's
only zoned in Poundard that's in How. >> I don't know if I would use the word zone. >> I I I I don't know how to how you >> need approved because the zoning is 6. I I I understand. I'm sorry. >> Can I just can we clarify? So besides
the week they're that you're towing for the township. So let's say that's like the third week every third week you said. >> Yes. >> So let's say it's week one. Does the does a tower from who's on that week tow
vehicles to your yard? >> No. Certified. No certified towers to their yard. Bradley toast to their yard there. They have a north and south side. All right. And then Atlantic's on. So that's how that that would work. All right. >> So then so if if a customer wants the
vehicle to go to your yard, then you get it you'll pick it up during during business hours. >> During business hours. >> So that you don't get vehicles from other towers. >> No. >> After 6 pm? >> No. >> Okay.
So, Mr. Chair, just add because I know the hours operation came up again. So, >> uh, looking through the two prior resolutions from 1973, it doesn't make any mention from what I can see about restrictions to the hours of operation. So, >> you know, if this board does act
favorably, it actually memorializes what those conditions are and it gives something force. >> Yeah. So, I mean, that's just for perspective. you know, as things go back in time, the resolutions were less detailed and a lot of them are a single page going back to that point in time. I
imagine, you know, if the board acts favorably, any resolution approval is going to be very detailed as far as conditions and what is allowed to operate on the site and what is not allowed to operate. So, >> Charlie, I have a question for you. Not that it pertains to here, but in general, all body shops, do they all
have fixed hours in Hal Township or they all have different hours? Uh, I don't know that I've personally had a auto body shot before the board here, so I wouldn't be able to tell you definitively what that is. >> Well, what about a situation where it's winter time and there's accidents left
and right, right and left, and he gets overloaded, there's no a lotment for overtime to fix the cars or get rid of them. >> Yeah. I mean >> I mean, if it's going to apply to him just as well as all the other places. >> Yeah. So, I I I get that. I guess um if
the board were to act favorably, it's going to have specific language in the resolution on Monday to Friday 8 to 6:00 p.m. I think was what was agreed to s and then Saturdays from 9 to 1:00 p.m. >> And if they operate outside of that, then it comes as a code enforcement
matter. The way it operates now, as far as what I can see from the resolution, I don't know that there's any restriction on hours of operation. So, could they operate 24/7 if they wanted to? you know, I would imagine >> I'm not looking at that. But what I don't want to do is single him out when
others have it a different way. You know, it should be uniform. >> So, we don't have a standard hours of operation for this type of use. Mhm. >> And we haven't seen >> um I will tell you that the application that we just heard I don't know a month
or so ago on Oakland Road which turned into a the structures there and turned into a daycare center that was approved as um a towyard as well. I don't remember but I do think that there were hours of operations associated with that approval. I think the other towy yards
are older and we haven't seen them come back here. So there aren't specific parameters. Um the other thing to keep in mind like certified is on route 9 >> in an HD1S zone versus an AR6 zone. So >> yes, we don't want to single anybody
out. However, these towyards are not traditionally located in AR6 zone. So, I think a reasonable condition of putting a use like this or allowing for an expansion of a use like this in this rural zoning district could potentially be the restriction on the hours.
>> And I agree with you and I don't have any problem with that. One concern I would have is if there's a whole lot of accidents and he's piled up and it's on a Saturday and he decides he's going to put some of those cars in those buildings as that he has and work beyond the closing time and someone calls code
enforcement because the lights are on. He's got to know that he isn't supposed to do it. He's gonna get a ticket. >> Yep. >> I'm just making it clear for you. >> So, you're you're saying that overtime is not allowed at my body saying it. >> Uh
>> no, but you've committed on the record to the hours. Like, we asked the hours. We didn't stipulate the hours. You told us the hours and that's going to go on the resolution. So, you're going to be bound by the hours. For the body shop, the toe is a little bit more difficult to manage because we don't know every
third week. But the body shop is going to be Monday through Friday, 8 to 6, Tuesday 9 to 1. Those are the hours that you gave to us. >> Saturday, >> Saturday, sorry. >> You'll have two sets of hours. One set by the township for your towing and one set by us. And you know, you'll have to
be good with it, >> which is what your neighbors want. >> Oh, yeah. And to your neighbor's point, your website does say 9 to5. Yeah, but that's not really enforceable. I know I know what you're saying. >> Well, no, but >> yeah, >> all the all the the enforcement here in
in how is complaint driven. We don't have the the manpower to be out there affirmatively inspecting all these properties. But if we have, as Charlie said and John as well, if we have specific pro provisions in the resolution and a resident calls and
complains, it gives code enforcement, you know, specifics that they were supposed to adhere to. And I'm not suggesting that they won't adhere, but in the event that they don't, it's more it's more um specific, which will give the township staff more of an
opportunity to regulate it. >> So, John, basically, if a resident We heard from one resident tonight quarter to 7 was passed supposedly at six o'clock, but that's only proposed in this application six.
>> Yes, >> that's right. >> But basically, if we leave this alone, they could have people there till 8:00 and there's what can you do anything about it? >> There's no time uh there's no hours of operation in our ordinance. So there is
a noise ordinance in in place where you know a business that stays open past 10 o'clock then that would be some form of a violation but if as far as uh hours of operation there is nothing that limits any business in town from being open past a certain hour.
>> Okay. And uh just another word on the towing, not to beat it to death, but um you have to be careful in in the wording if you do a restriction because and you can correct me if I'm wrong, the the contract that he has with the township is something that gets put out to bid.
So if the parameter changes uh from the township's perspective as to what they they need and it's no longer every 3 weeks, maybe now they require something every two weeks. you've now locked them into into an hour of operation that
doesn't jive with what the township may need at that time. So, you're you're essentially taking that away. So, maybe wording something in, you know, in conjunction with whatever approval with the contract that the township provides. >> Just something to think about. >> Exactly. >> Well, John, that I mean that is
essentially 24 hours, right? When he's on, >> right? But if I >> believe it can't be any more expansive than No, but I mean like >> saying if it if it's more frequently than the one, let's say they need to go once every other week
>> accordance with the township contract >> or if there's a major accident and the one towing company can't handle the volume, they may call in additional people. >> Yeah. >> But but it could stipulate that the towing has to go inside the gate, close the gate, and then do whatever you need
to do to offload the car. It doesn't towing doesn't get done on the street. >> So, and I'll just bring it up because Mr. O'Donnell asked it. The closest thing that I can think of of auto repair service kind of use was uh we had Gabriela realy on uh Route 9 just north
of the bus depot. They were fixing uh dump trucks like uh fleet vehicles, things like that. They were approved with hours. Granted, it's on Route 9 in a commercial district from 7:30 a.m. to 10 p.m. at night Monday through Friday. and then um 7:30 a.m. to 5:00 p.m. on
Saturday. So, you know, the hours they're agreeing to are certainly more restrictive than what would be typical for a commercial, you know, so more appropriate for, you know, in the middle of a residential or agricultural area. So, um you know, just to give you
context, they're not operating like most other commercial enterprises would be able to or have agreed to in in like circumstances. So >> I mean also like you know some places do they have summer hours other words you know it doesn't get dark till 9. >> I think that we're negotiating against
ourselves as them they said 8 to 6 9 to1 so the towing is in accordance with the town >> but I want it on record so when we get sued >> it will be on record and he was told and he knows however it goes. >> Exactly.
>> So Mr. Uh very um your applicant is agreeable to these hours that we have discussed. >> Yes. >> Okay. >> And before you act, can I just do a quick summary? >> Yeah. No. Yeah. We're not We're not No, you
>> I actually had another question. >> Oh, we haven't closed the public. >> Yes, we did. Yeah, we did. Yeah. Sorry. >> I actually have another question. >> Yeah. No, we >> So, um Mr. Barasi. Um, so the farm, so the farm farmers advisory committee. I'm
looking at the the plat review number one. Um, they had made some concern about the paint fumes um and the expansion about impacting the surrounding farms. So it was mentioned by Mrs. Gimble earlier that um, you
know, there's concerns about the smell and everything. I'm obviously not a car person. I don't understand all the rules. And I have read through the state rules un with how this has to happen. So So can you explain to us how that those
fumes are mitigated? Because I'm going to be honest, I drove by today and I saw the garage open and somebody was spray painting while I like had something spray painting while I drove by earlier today. So I just wanted to know, does that have to be closed all the time? And when it is, how are those um how's the
mitigation system? What what is that mitigation system? How is it supposed to get rid of that smell? >> Well, it's through the u the plenum of the spray booth. >> What you probably seen was was a guy either putting a guy coat on his body work Yeah. All right. And that's what he
was doing. So he could check the body, you know, the body work, the body lines, everything gets sprayed inside the booth. >> All right. So I have which the fire company comes out and inspects it. And I have filters up there. I have everything
that goes up through the plenum and it's in the air. >> All right. So, it is filtered before it goes outside. >> Is there a percentage of how much of the odor is supposed to be? Is there a regulation on how like a percentage? Like for example, it should mitigate so
it's less than 5% of this total odor. >> Everything I do is like um the state of New Jersey I I they they come out and inspect everything. Everything is is inspected. The filters I buy is through my paint manufactured. Everything is in
that booth. I do change my filters every week in the booth. All right. So, I don't want the fumes in the air. I don't want to pollute the air. >> Okay. >> All right. Um I mean, that's the business I'm in. I do paint cars. I'm I'm sorry. Yeah. All
right. But that's what I do do. >> I did actually fix Miss Gimbal's cars, two of hers. All right. But I mean, we have an issue now. She's coming at me. It is what it is. >> Thank you. >> Thank you.
>> Okay. Anything further from the professionals before we let uh Sal make his summation. >> Okay. Sal, >> thank you again for your time. Um, as you heard the applicant, uh, the business has been going on for more than 20 years. It's not going away. The
question is, are you comfortable that the improvements that we're proposing justify the relief we're seeking? As testified to by Miss Capone, um the parking, as you saw now, is halfhazard. It's part they're parking in the area that we're proposing to put the 50 foot
buffer with the BM. So, that parking is to be pulled in. Everything's going to be within the fenced area except for the limited customer parking area up front. We're going to have a vinyl fence. We're going to have that 50 foot buffer. We're going to have the 10-ft buffer along Victory. Um the the public's not going
to see the vehicles because there'll be a solid fence as Miss Beam has requested. Um all work is going to be done in the building. It's being done in the building now, but you know, obviously that would be condition of approval. The lighting, we've agre agreed to address the comments that were made by the board professionals. The
architecture is going to be an improvement over what we have today. Uh we've agreed to address all the technical comments. The lot coverage is going down to 37.42% for 2% from whatever 55% whether it's the legitimate number or or the illegitimate number.
Today it's 55%. Um we could agree as a condition of approval to record the resolution of approval so that any conditions you oppose will run with the land and I I don't know if you typically do that. I know we used to do that how so that would >> Yes, we do sir.
>> Okay. Um the towing uh we I asked Mr. Rosie he said it's every three weeks is the most it ever is. So we agreed that we would limit it to that. The towing activity it occur whether you approve this or not is going to happen. So the issue is with the approvals we would
agree that the towing would be just to take the vehicle there and drop it off. The shop is not open. There's no activity that occurs on site other than to drop the vehicle off. >> The garage doors are off of Victory Road too. >> And the garage doors are off of Victory in the current. >> Yeah. Going around back.
>> And then in terms of hours of operation, Mr. Gasi testified at the beginning of the hearing what they would be. That would be a condition that you don't have today that would exist in the future. So, we think that overall knowing that this site's there and is not going anywhere, all the improvements and then
all the conditions that we've heard tonight would be imposed on the applicant and it's a far better product overall for the community in that neighborhood and therefore we request that the variances be >> quick incitement be approved. You you just said something that occurred to me and I didn't realize it
in the pictures. >> Right now the garage is face Victory Road. >> You're putting up a wall a nice nice wall there and the garage door is going to be around back. >> It's going to be around back and one on the side. >> Yeah, that wasn't made clear enough to least. >> Yeah. So there's no garage door. There's
no activity in the front no more. So I have to come around the side off of Victory Road. So there's one garage door there and then the other garage doors are in the back. So I'm behind the vinyl fence and I'm going in the garage that way.
>> So there So there's no visibility. >> There's no visibility and that's why I'm doing it. It's >> okay. >> Thank you. >> Okay. >> Thank you. >> Any further comments from board? I do think we need to be abundantly clear on
the towing uh subject to whatever the town provisions are with the police department has to be. >> Yeah, we'll make that part of the resolution when you um >> when it comes time. >> Yeah. Yeah. >> No more comments. Okay. At this time,
I'd like to entertain a motion from the board. >> Mr. Chairman, I'd like to make a motion that we approve the use variance, bulk variance, and preliminary and major site plan as stated with all of the
conditions and stipulations. So, here stipulated. Let me know if I'm missing anything, but I know uh Mr. Bayer is going to put those in the resolution. He taken accurate notes. Um >> just to clarity, it's preliminary and final. You said preliminary. a
preliminary and final major site plan. >> Thank you. >> I'd like to second the motion, but first I'd like to say this is a very difficult case. I've been here where we've had hundreds of objectors
with 53,000 people in town. Tonight we have three objectors and they all live there. So I have to take that into consideration. This business has been there 23 years with your applicant plus it was there before he became there. So,
it's been there a long time and I I feel that he's bending over backwards to do every improvement that he can. I agree with your summation and Christine's and to leave that place the way it is
would be a sin because it's a mess and that's what it is. And to clean it up and do what he's going to do and make it right because if if you don't make it right, all the rights you get will be revoked. Okay? I mean, you'll be your
feet will be held to the fire. M >> so with all of that and more but I see this in inherently beneficial to the town and I second the motion to approve >> roll call
>> Mr. Caner >> yes >> Mr. Hughes. And >> just for clarity, for my for my own sake, I just want to re reiterate the hours 8 to 6 Monday through Friday, Saturday 9 to 11.
>> 9 to one. 9 to1. Sorry, my brain. Um, also want to um just bring up again from earlier uh dumpster. is they're going to put the enclosure around it >> and also add the concrete for the outdoor storage for the possible leaking
of stuff on onto the ground and the sidewalk along Lakewood and Farmingdale Road and also uh lighting. I think we talked about lighting shutting down an hour after close, no later than an hour after close to not bother the uh local
residents. And with all that, I I say yes, >> Mr. O'Donnell. Yes, >> Mr. Rosco. >> Yes, >> Mr. Ryan. >> I too think this is very difficult. Um, sitting here between asking questions
and listening to other questions and listening to the public. Two things come to mind. You have a very good business. You want to expand your building, but in doing so, something's got to give. And you're giving up part of your parking.
And with that, then the devil is in the details. By giving up that parking, you have to su successfully manage the congestion that a growing business hopeful sorry you didn't want to grow your business but your business is going to be bigger with less parking space to do
it in and you're going to have to successfully manage it or to like Mr. O'Donnell said you're going to get fined. So with what's going on you're taking that on you have to live with it. I approve it.
Miss Scottson. >> Yes. And Chairman Mertens. >> Uh I would say four years ago, uh my colleagues to the right and to my left, we sat up here and we denied an
application on Victory Road because it is a prime jewel of how and the last thing I want to do is disturb it. But if this board does not take action and we just let it go and it's it's not going
to get better. We have control on this. We're going to be very and I as you heard from your neighbors, they're going to be watching and as long as you abide by the uh stipulations on this um application
um I will also approve. Uh yes, >> application is approved. Thank you. >> Thank you. >> Okay. Um, >> anything else from the professionals? I just had a couple things to go over in house before we close.
>> Don't forget we have a meeting next Monday. >> Oh, yeah. >> Congratulations. >> Yes. Okay. Um, >> one of the things that we needed to go over is our next uh training session
among us with our professionals. So, I would like by next meeting if we can try to come up with some dates. Uh, Andy, you and >> you want you want to do that this you want to do a calendar year 25? >> I mean, that's that's what I want to get
a feel from everybody. How about like we give you some dates next meeting? >> Yeah, why don't you give us some dates next meeting and then we can >> Who's going to be the next teacher? >> Who's our next teacher? >> Charlie. >> Charlie or Andy? >> Yeah.
>> We'll be back. >> Yeah. >> We're going to get Eileen to teach us something. >> You know what? >> I just have to make sure that the funds are in okay with the township for this year. Next year it would be fine, but >> Okay. But I'll make sure before next meeting. >> That's probably
>> Yeah, we bring that out for us, too, cuz we don't >> we don't want to tell the Andy and Jen and Charlie, you're not getting paid. So, >> we'll take you to dinner. How's that? >> I mean, we could we could really get into the weeds on storm water management if you want your ears to be
>> Oh, I bet we could. >> We did storm water. >> We have to do We got to do an online video. >> Oh, that's true. >> You know what? You know what would be helpful to be honest? um a review of the how township ordinances particularly that cover zoning because we've heard
the the zoning statewide but then narrowing down to what specifically we have to do anything that's unique to how >> all the buffers. >> Okay, last thing is Mr. O'Donnell brought to my attention that the New
Jersey planning has an advanced class on the 28th of this next week. 28th. >> 29th, isn't it? >> 29th. >> Yes. >> Okay. >> Is it online or >> It's online. It's a Zoom course. >> It is an advanced course. Um, it's
recommended. Um, I took the advance. Jen was one of my teachers, so I can test it. You do learn a lot more. >> Yeah. >> So, for the newer members, John, >> the advanced class, Rich, is good because it's more situational than like the MLUL. So, it's a lot more
interaction between the people that go and the instructors like, "Oh, I had this happen in my town." So, it's more situational than just regurgitating. >> That's a good point. So, and it's on it's Zoom. So, you're going to be doing it at home. >> Where do we get the information? And
>> can somebody send Oh, it's in here. Okay. >> It's in here. >> Yeah. >> See that? I'll take a picture. >> Yeah. make it five tonight at night >> because the people that teach it have to work. >> Well, that's true. You're right. I'm sorry. That was a
>> I believe you do have to pay a fee for the class. Just so everyone knows. >> Oh, you do. >> Yes. Just so you're aware. >> Question. >> Yes. >> Came up during >> I'm sorry. >> Testimony in the last uh thing we heard that there was unpermitted buildings on the property. Is that going to be
addressed? >> Oh, good point. >> Yeah, we forgot that. that bond. >> He did say >> through the implementation of that. >> Okay. >> He did say that it's not anchored. I'll remove it. >> Yeah. >> Yeah. He did say >> that's on the record. >> It's on the record. >> Okay.
>> Good point, Mike. >> If it's not in the plan, if we just approve. >> What is >> Well, it was shown that it's there. >> Yeah. Yeah. >> And we're not touching. Jennifer, I'd like to ask you and John a
question. >> Occasionally, we come across where there's no documents from 1970 because they got caught in a flood in the old municipal building. So, you know, I was looking at his documents and they went all the way
back to 2002, you know, was 25 years and we run cases and then there's no documentation because the flood uh doesn't have them. How do we, you know, make that a notification to anybody that if they want to seek records, they're
not going to get them that far back? >> I mean, we just have to address them through OPAR. They have to file an Oprah request. account doesn't have the records for whatever reason. That's the that's how you address it over that there are no available records. >> All right. So,
in that particular case, who gets the benefit of doubt? >> That's what I thought. Okay. Just wanted to make it clear that's all. >> Make a motion to close. >> Yeah. >> Second by Jose. All in favor? >> I I
>> Thank you so much for coming tonight. I hope you've learned a little.