HOWELL – An application filed by the L&L Paving Company, Yellowbrook Road, is listed for consideration on the Howell Planning Board’s Sept. 7 agenda, but it is not known if the application will be heard that evening.
L&L Paving is proposing to remove an existing concrete manufacturing facility and to develop a bituminous (asphalt) concrete manufacturing facility at its property in a Special Economic Development (SED) zone.
Meanwhile, representatives of Stavola Leasing LLC have asked the Howell Zoning Board of Adjustment to determine if the L&L Paving application should be heard by that board and not by the Planning Board.
The zoning board was expected to rule on Stavola Leasing’s request on Aug. 28, but an administrative issue prevented the board from doing so. The zoning board is now expected to rule on Stavola Leasing’s request on Sept. 11.
The L&L Paving application was the subject of discussion during the July 18 meeting of the Howell Township Council. Attorney Michael Butler, who represents L&L Paving, attended that meeting on behalf his client.
The issue Butler raised involved a flier his client and residents received from an entity called Preserve Howell.
Butler said the flier contained false statements regarding his client’s application, including a claim the council would act on the application at the July 18 meeting even though it did not have jurisdiction in the matter.
The attorney said his client is concerned about the community and wants to reach out to Preserve Howell.
“We wanted to find out what their issues were so we could talk to them. Unfortunately, there is no email address or telephone number on the flier. The flier leads you to a website, but the website has no mailing address or telephone number,” Butler said.
Butler said a return address on the flier is a property that is owned by a competitor of L&L Paving.
During that meeting, the council adopted an ordinance removing and prohibiting the manufacturing of concrete and asphalt as a permitted use in Howell’s SED zones.
During an Aug. 17 meeting of the Planning Board, Butler asked the panel to accept jurisdiction of the L&L Paving application.
According to the application, L&L Paving’s proposed facility will include the recycling of concrete, renovations to an existing storage building, the construction of a quality control building, the installation of an office trailer and other site improvements.
The recycling aspect of the L&L Paving application falls under the jurisdiction of Monmouth County, so the county’s Solid Waste Advisory Council will review the application to determine if the proposed facility should be included in the county’s solid waste management plan.
Attorney Ron Gasiorowski was in attendance at the Aug. 17 meeting representing Stavola Leasing. He is asking the zoning board to consider whether it is the correct venue for the application to be heard.
“If in fact the zoning board determines an asphalt plan is not a permitted use on this (Yellowbrook Road) property, then this (planning) board will not have jurisdiction,” Gasiorowski said.
He acknowledged the the L&L Paving application was filed before the council changed the SED ordinance.
Gasiorowski asked the Planning Board to postpone hearing testimony on the application until the zoning board rules on the matter of jurisdiction.
Butler asked to be permitted to proceed with the application. He said the Planning Board has a history of taking action on applications concerning concrete and asphalt manufacturing facilities. He said he believes the use is permitted in the zone.
“Quite frankly and quite truthfully, I honestly believe the (request) in front of the zoning board is disingenuous. Mr. Gasiorowski’s client has a pending application before this board … for their bituminous manufacturing facility across the street. If they truly thought the (L&L Paving) application should be in front of the zoning board then so should their application,” Butler said.
In the end, no testimony was taken on Aug. 17.
Gasiorowski’s client, Stavola Leasing, had an application before the Planning Board on Aug. 17 as an owner. The applicant Stavola Asphalt Company Inc. and the owner Stavola Leasing had an application seeking approval for the relocation of an existing driveway on Yellowbrook Road. The application was carried until Oct. 5.
Gasiorowski said he did not represent the Stavola Asphalt Company.
