Officials Cracking Down On Rental Properties

By Stephanie Faughnan

By Alyssa Riccardi

is an extension of the Monmouth County SPCA and helps make veterinary care more accessible for all pet owners. The center offers parasite prevention, dentistry, microchipping, vaccines, diagnostics as well as spay/neuter services for the underserved population of animals that need veterinary care.

In 2021, the MCSPCA received a $1 million donation from Sheldon Vogel to kickstart the expansion. Sheldon and his late wife, Anne,

Twice Denied Warehouse Receives Unanimous Approval

By Stephanie Faughnan

HOWELL – Three times appears to be the charm for the owners of property located at 29 Howell Road, who secured approval for a warehouse project earlier this month.

Plans call for the construction of two, one-story warehouse buildings with office space.

The square footage of both buildings totals nearly 425,000 square feet. The larger of the two will have 55 loading bays with two drive-in bays; the smaller will also have two drive-in bays and a total of 28 loading bays.

A map listing the township’s potential affordable housing sites indicates the same site was once under consideration for 278 residential units, with 60 designated as affordable apartments.

Some residents have stated the property’s location between a swim club and a ball field made housing a better alternative. However, the landowner de- cided otherwise in submitting plans for approval.

The Planning Board considered the warehouse proposal at two separate meetings in September and October 2021. A 3-3 tie vote after the second hearing resulted in a denial of the application. The board’s

HOWELL

– A new ordinance introduced by the governing body suggests Howell means business when it comes to rental properties in the community.

Plans were already in progress to update existing regulations before a fi re broke out and destroyed a large house on Lanes Pond Road last month. The damage resulted in a determination that the building was an unsafe structure, and not safe for habitation.

Matthew Howard, the township’s land use director said the property owners have been issued six summonses for alleged ordinance violations.

The local municipal court will hear the complaints in the near future. Additionally, any alleged uniform construction code violations can be appealed to the Construction Board of Appeals.

When news of the fi re fi rst came to light, the Lakewood Scoop reported that the blaze as ripping through a Jewish community center. The 7,478 square feet single-family five bedroom home was purchased last April for $1.375 million by Avraham Lebovitz. Local authorities have not confi rmed the house was used for anything other than a residential dwelling.

After the fi re, Howard said township officials began receiving increased complaints about gatherings of groups of people in private homes.

“The gathering of people is not illegal,” stressed Howard. “It does not constitute changes of use on a property. It does not constitute issues that code enforcement or the police department or anyone else has the inherent right to go in and break up.”

Howard said the right to gather is inherent to the Constitution, and it didn’t matter if groups get together regularly for religious purposes. The township does not discriminate for any gatherings including Thanksgiving, Christmas or other assorted times

(Officials - See Page 2)

Officials:

Continued From Page 1 people get together.

On a separate issue, Howard acknowledged that the township thought it prudent to update its rental code and occupancy limits. Some residents have complained about single-family homes rented to multiple families.

The new ordinance specifically documents and codifies how Howell authorities calculate occupancy and what constitutes over-occupancy based on the state housing laws.

“We can arbitrarily set an occupancy of a maximum of five people per house or whatever we want to do,” said Howard. “The state housing code sets that so we put our ordinance in place.”

Rental certificates posted inside leased homes will be required to state the occupancy load of the dwelling. Those who do not comply with the rental code will be subject to court summonses and fines. Anyone leasing out unregistered residential property could be faced with a minimum of $2,000 in violation costs.

Prohibitions include the issuance of leases or subleases for rental units to a group of tenants in excess of the total number of sleeping accommodations specified in the ordinance. Bedrooms occupied by one occupant must contain at least 70 square feet of floor area. Those occupied by more than one person must contain at least 50 square feet for each occupant.

Legally existing mobile homes are exempt from these occupancy standards, but homes or trailers cannot be inhabited by more occupants than outlined by the home’s manufacturer.

Howard implored residents to continue to report non-compliance issues with the rental code. Officials plan to investigate claims and handle complaints as they come in.

“What we will not do is accept complaints that are targeted at a person or group of people,” Howard emphasized. “Race, ethnicity, religion, any affiliation or any protected class.” “If there are signs that it’s targeted, or in some vein trying to focus on a group of people,” continued Howard. “We won’t tolerate it.”

Councilman Fred Gasior echoed Howard’s sentiments and welcomed those new to Howell who had decided to buy and rent homes. He also implored landlords to take care of their rental properties.

“We welcome you as a taxpayer,” said Gasior. “We welcome you as someone who will be affording a service to people who many need a place to live.”

Multiple individuals shared their concerns regarding the influx of renters within the community. Among them, was Sandra Viera, who moved to Howell approximately seven years ago.

Viera said that her family chose to make Howell her hometown because of its neighborhood feel and her impression that people care about one another.

“My concern is also with the renters,” Viera said. “I did not move to Howell to be surrounded by that.”

Viera did not expand what she meant by “that,” saying she was sure officials understood what she meant. She then said her family has been approached several times about buying their home – to the point they felt harassed.

Township Manager Joe Clark instructed Viera to contact Howard regarding the unwanted solicitations for house sales. Howell has an ordinance that specifically addresses the actions.

Nelson Jusino, who moved from Jersey City to Howell in 1991 shared his concerns about what he saw as Howell’s changing landscape right on his own block.

“If I wanted to move into a city with boarding houses and apartments, I would have,” said Jusino. “A cancer is growing in Howell and in 3-5 years from now, you’d better hire cops and paid firefighters.”

Approval:

Continued From Page 1 resolution issued in December of that year acknowledged the warehouse was a permitted use. However, the denial for preliminary and final site approval was based on what was characterized as insufficient information on specific issues.

Remediation of contaminated soil, location of potential graves in an adjacent cemetery, traffic circulation issues, and parking spots surfaced as reasons the application was denied.

AAFFHW Property LLC., also referred to as the Forman Family subsequently went to court and asked for judicial intervention on the decision. Owners of the property are named as Clayton, Peter and John A. Forman.

“Prior to the Superior Court holding hearings and issuing a decision, the parties entered into settlement negotiations,” explained Planning Board Attorney Ronald Cucchiaro. “The Board approved a settlement agreement, which permitted the applicants to come back for what we call a “Whispering Woods hearing.”

Whispering Woods refers to a 1987 court case that says settlements between applicants and planning boards require an additional step. A public hearing on the agreed plan must be held, just as if it was a new application presented to the board.

Although the board initially approved the settlement, it denied the application after it was presented in a public hearing last September. The applicant proceeded with litigation. “Judge (Gregory) Acquaviva ruled against the board and held that the applicant had complied with its statutorily required burdens of proof, with the exception of the design waiver relief,” shared Cucchiaro. “Which wasn’t really addressed because the board had denied the application on other grounds.”

In a 28 page order remanding the matter back to the Planning Board, the court gave instructions limited to consideration of design waivers and the imposition of reasonable conditions upon preliminary site plan approval.

Apparently aware that traffic concerns remained an issue to at least some of the planning board members and the public listening in, Cucchiaro spoke on the subject.

“The court has simply rejected the traffic arguments,” reminded Cucchiaro. “The board has no choice; it has to listen to what the court said.”

Trucks coming in and out of the warehouse are projected to use Okerson Road because of weight restrictions on Howell Road.

The court also ruled that the environmental issues and matters related to the graveyard had been sufficiently addressed by the applicant.

The erection of a sound barrier wall, reorientation of buildings, and tractor trailer parking were the remaining items left for the planning board’s consideration.

Jeromie Lange, a professional engineer and planner spoke on behalf of the applicant, identifying changes to the plans since previous hearings.

A sound wall is planned for the easterly property lines or side yard area, with the exception of a piece that punctures into the Michael Curtin Lane front yard. A landscape buffer will also add to the sound wall with the warehouse property owners obligated to maintain it.

“The purpose is to provide an additional visual and sound attenuation buffer between us and the neighboring residential property,” explained Lange.

Christine Cafone, a professional planner also spoke on behalf of the applicant. She reiterated Lange’s statements, saying there were no requirements for the buffer. The plans were simply to provide better buffering for adjoining homeowners.

Lange mapped out the reconfiguration of the buildings which will impact truck circulation on the property as well. Entry points to the property are set for the north side and southwest portion of the project.

During the public commentary session of the hearing, Kathy Okerson of Okerson Road attempted to discuss her concerns about the stormwater management. Cucchiaro advised her that the court felt the applicant had satisfied ordinance requirements and it was therefore not open for discussion.

“What about the difference between the two lighting that they’re talking about?” asked Okerson. “Which light would benefit not lighting my house up like a Christmas tree?”

Lange explained the different types of lighting proposed for the site and assured Okerson that fully enclosed lighting fixtures would prevent what he referred to as “light trespass.”

Albert and Jacqueline Cestero, who have lived at 3 Howell Road for forty years, expressed their concerns about heavy pedestrian traffic in the area. They specifically wanted to know if the developer planned any improvements for Michael Curtin Lane as far as paving or sidewalks.

“No on the paving,” said someone on behalf of the applicant. “Yes, on the sidewalk.”

One of the other conditions of the approval included confirmation that there would be no light spillage on adjoining properties. At least one other resident said they attempted to speak during the public comments section of the hearing but were not afforded the opportunity to do so. The Planning Board unanimously voted to approve the Preliminary and Final Major Site Plan – heard as part of a second Whispering Woods Settlement and Remand Hearing.

Remote Meetings

The onset of COVID-19 meeting restrictions resulted in many public bodies turning to remote access. Howell’s governing body returned to in-person sessions some time ago. Residents also have the ability to watch council meetings from the privacy of their homes.

A number of people have questioned why Howell’s planning and zoning boards continue to meet remotely and not in-person. Of the 58 municipalities in Monmouth County, Howell is one of four that have not returned to face to face meetings.

Howell is the largest of the communities that has not either offered a combination of in-person meetings and remote access or done away with computerized access. Avon, Deal, and Roosevelt all have populations under 1,800 total residents. According to the 2020 census, Howell’s population was 53,537 and continues to grow.

Veterinary:

Continued

From Page 1 are long-time patrons of the Monmouth County SPCA and funded the Vogel Spay/ Neuter Clinic decades ago. The two were major supports of the expansion to the Vogel Veterinary Care Center in order to provide affordable vet care.

“Thanks to the support of the Vogels, our shelter has grown from a beloved grass roots organization to a leading resource for animal welfare in the state,” said Ross Licitra, Executive Director of the Monmouth County SPCA.

In January 2023, the organization announced the reopening of the Vogel Veterinary Care Center with renovations being fully complete.

“We are so extraordinarily grateful for the generosity of our long-time friend, Mr. Vogel, who has supported our organization for many years, and whose philanthropy allows us to bring these great services to the public,” the MCSPCA said in a statement.

The renovation included new walls and flooring with a coating that allows staff to easily sanitize surfaces in between patients. The center also received new counters, cabinets, and shelving to maximize storage in a compact space.

“For the animals, new patient wards that can accommodate larger dogs with sound resistant kennels and cat cubbies to minimize stress from any potential noise coming from another neighbor,” MCSPCA said.

The new surgical suites are now equipped with state-of-the-art scrub sinks and brandnew surgical tables that allow for accommodations for extra-large breed dogs. The expansion of the doctor’s office also allows the company to take on more doctors as the needs to provide veterinary care continues to grow.

To learn more about the Vogel Veterinary Care Center, visit vogelvet.org. For more information about the Monmouth County SPCA, visit monmouthcountyspca.org.