A warehouse complex is proposed for property in Manalapan. The property is zoned for such use and is near an age-restricted senior citizens condominium community. The proposed use is to be a continuing 24/7 commercial operation for large heavy haul semi-trailer trucks.
The Planning Board cannot deny a permitted use. However, it has a duty to review special
problems, creating health or other hazards, which a permitted use presents to neighboring
properties; such as traffic congestion, safety, noise and the like.
The Township Committee has historically set regulatory goals designed to maintain the health, peace and comfort of residents in our community.
For that reason, the Planning Board’s enabling legislation, focused on that regulatory objective, permits the board to set compliance standards mitigating specific hazardous conditions arising from the nature, location and incidents of a particular permitted use.
To that end, the board could find that the level of noise, diesel smoke, traffic, congestion, 24/7 heavy truck use, etc. presents specific hazardous conditions affecting the peace and tranquility of senior citizens residing in a large community near the site for such permitted use.
Based on such finding, the board could conclude there was a high likelihood such intense and continuing highway noise, diesel smoke, traffic, congestion, 24/7 heavy truck use, etc. may jeopardize the health of senior citizens residing in that adjacent age-restricted community.
To mitigate such hazard and in accordance with its regulatory objective, as set by the Township Committee, the board could limit the hours and days of operation for that warehouse complex.
A similar finding could be made for the proposed heavy-haul semi-truck turn-around which
runs past another age-restricted senior citizens condominium community. In accordance with its regulatory mandate, the board could reach out to the state and county, crafting an accord to restrict any such turn-around to Route 9.
In the end, the Planning Board has the right to impose standards to safeguard adjacent residents arising from the nature, location and incidents of such warehouse use.
Bruce K Brickman