HOWELL – No decision has been made as to which municipal board will hold public hearings on an application that has been filed by L&L Paving, Yellowbrook Road, Howell.
The company 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.
The question that remains unanswered is whether the company’s application will be heard by the Howell Planning Board or by the Howell Zoning Board of Adjustment.
The Planning Board hears applications that propose uses which conform to uses that are permitted in a specific zone (i.e., a commercial use or a business use proposed in a commercial zone or a business zone).
Attorney Michael Butler, who represents L&L Paving, is attempting to have the Planning Board accept jurisdiction of the application.
The zoning board hears applications that propose a use that does not conform to the permitted uses in a zone and require the granting of a variance (i.e., a commercial use proposed in a residential zone).
Attorney Ron Gasiorowski, who represents Stavola Leasing, is attempting to have the zoning board accept jurisdiction of the application.
Both attorneys attended the Sept. 7 meeting of the Planning Board.
“I do not want to belabor the arguments we made at the last hearing,” Butler told the board. “My point is simple. For the past 40 years, this board has been granting approvals for bituminous concrete and concrete manufacturing facilities in the SED zone. I am simply asking that you continue to do what you have been doing for the last 40 years and allow us to go forward with our application. I would ask that the board accept jurisdiction.”
The Planning Board did not make a decision regarding jurisdiction on Sept. 7, knowing that Stavola Leasing’s request for an interpretation was scheduled for a possible ruling by the zoning board on Sept. 11.
Instead, the L&L Paving application was carried to the Oct. 5 meeting of the Planning Board.
On Sept. 11, Stavola Leasing’s request for an interpretation was not discussed by the zoning board, which carried a potential ruling on the question of jurisdiction to its Oct. 2 meeting. The L&L Paving application is expected to be the first item on the board’s agenda that evening.
Butler has said he will oppose Gasiorowski’s attempt to have the L&L Paving application heard by the zoning board.
