By Jennifer Ortiz
Staff Writer
HOWELL — The Howell Zoning Board of Adjustment has denied Mobile Tech Security’s application for a use variance to construct a 10,000-square-foot warehouse on Oak Glen Road.
The applicant sought final approval for the first 2,000 square feet of warehouse space and 800 square feet of office space to accommodate All The Way Towing, according to testimony at a March 28 meeting.
Professional engineer and planner Michael Geller, representing the applicant, said the lots were initially marketed for sale as a residential property, but in 2008 a recession hit and there was not a lot of interest from buyers. There is a lot encumbered by power lines, among other issues that do not allow for residential use and which led the applicant to seek a use variance, Geller said.
The proposed development called for the construction of a 10,000-square-foot building (80×125 feet), to be built in sections, with the first section proposed to be 2,000 square feet (80×25 feet) for All The Way Towing, Geller said.
Geller said the property fronts on a dead end portion of Oak Glen Road.
The towing company’s hours of operation were proposed to be Monday through Friday, 8 a.m. to 4:30 p.m., and Saturday, 8 a.m. to noon. Testimony indicated the company has been in business for 10 years.
Township Engineer Jack Mallon asked why the applicant was seeking permission to build the warehouse in phases instead of seeking final approval for the entire project.
Geller said the plan to construct the warehouse in phases was a response to board members who had expressed reservations at previous meetings about not knowing what other uses would be contained in the building. He said applicant wanted to be able to give the board members a chance to examine each proposed use independently.
Residents Mike Kowal and Lawrence August expressed concern that a commercial use such as yard where towed cars are stored could lead to the contamination of the area’s water supply.
The board’s planner, Jennifer Beahm, said the case overall was a tough call.
“The property has been available for residential development for many, many years to no avail. The surrounding uses that have come up are a little bit different in nature, between the utility easement, the dead end road, the curve of Oak Glen Road and the environmental constraints on the property,” Beahm said. “… Given the willingness of the applicant to modify the architecture (of the proposed building), which to me is a big sticking point, I take no exception to what the applicant has testified to.”
In the end, board member John Armata made a motion to deny the application for the use variance.
“The subject property is zoned as agricultural and residential (ARE). The zoning designation states that the purpose of the ARE zone is to minimize the impacts of development in areas located outside of the centers that are identified in the township’s master plan,” Armata said.
“The goals include the preservation of rural and agricultural uses, and the preservation of a rural character. Therefore, permitted uses (in the ARE zone) are restricted to agriculture, residential or environmental. The application before the board is for a multi-use building … These proposed uses are strictly prohibited by the ARE zoning designation,” he said.
Board member Nino Borrelli agreed with Armata and said that while he supports business, he believes there is likely a more appropriate location in Howell for the proposed towing business.
On the vote to deny the use variance, Armata, Borrelli, Vice Chairman Daniel Cardellichio, Evelyn O’Donnell and Richard Mertens voted yes. Chairman Wendell Nanson and Thomas Posch voted no. The motion to deny the variance carried in the 5-2 vote.
