THIS MEETING WILL BE A REMOTE MEETING

PUBLIC ACCESS TO ZOOM MEETING: To access the virtual hearing, you must join the ZOOM meeting. To access the ZOOM meeting, you will need access to a computer with internet access and/or dial in through a mobile or land line phone to log into the meeting. To join the ZOOM meeting, click on the link below and type in the Meeting ID and Password. You will join the meeting and be able to listen and view the evidence shared on the screen at the meeting. You will also be able to access the agenda and files pertaining to the applications for the meeting on the Howell Township Website found on this page: http://www.twp.howell.nj.us/AgendaCenter/Planning-Board-7

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THE BOARD RESERVES THE RIGHT TO MODIFY AND

REARRANGE THE AGENDA AT THE TIME OF THE MEETING

1. Opening Statement:

2. Roll Call:

3. Pledge of Allegiance:

4. Approval of Minutes:

5. Vouchers:

6. Correspondence:

7. Resolutions:

a. Case No. SD-2928FA / Vanderveer Industrial Partners, LLC (f/k/a Cypress Holding, LLC)

Resolution granting Submission Waivers

Eligible Voters: Boisvert, Dorato, Huszar, Kudrick, Leggio, Nicastro, Richmond, Seaman and Tannenhaus

b. Proposed Ordinance O-21-2 / Amends Chapter 188, Article XXIV, Section 188-212 Stormwater Management Control

Resolution for the review of Proposed Ordinance No. O-21-2

Eligible Voters: Boisvert, Dorato, Huszar, Kudrick, Seaman, Casper, Cristiano, Tannenhaus

c. Proposed Ordinance O-21-5 / Amends Chapter 188, Article I, Section 188-4 Definitions

Resolution for the review of Proposed Ordinance No. O-21-5

Eligible Voters: Boisvert, Dorato, Huszar, Kudrick, Richmond, Seaman, Casper, Cristiano, Tannenhaus

d. Proposed Ordinance O-21-6 / Amends Chapter 188, Article X, Section 188-77 Permitted Uses in the Highway Development 1 Zone

Resolution for the review of Proposed Ordinance No. O-21-6

Eligible Voters: Boisvert, Dorato, Huszar, Kudrick, Richmond, Seaman, Casper, Cristiano, Tannenhaus

8. Submission Waivers:

a. Case No. SD-2994 / Michael Hammer

i. Type: Minor Subdivision with Ancillary Bulk Variance Relief

ii. Description: Application of Michael Hammer as Applicant and Owner seeking Minor Subdivision Approval with Ancillary Bulk Variance Relief to maintain all existing site improvments and subdivide the lot into two new lots, with a single family dwelling proposed for one of the lots on premises known as Block 37, Lot 31.02, Oak Glen Road

iii. Attachments:

1. Document Distribution Sheet 1

2. Board Engineer’s Review Letter

b. Case No. SP-1078 / New Horizon Properties, LLC

i. Type: Preliminary and Final Major Site Plan

ii. Description: Application of New Horizon Properties, LLC as Applicant and Owner seeking Preliminary and Final Major Site Plan approval to remove all existing site improvements to construct a 1-story retail “L-shaped” building totaling 25, 912 sf, comprised of a 9,100 sf Dollar General and 9 additional retail units, each between 1,850 sf and 1,988 sf. in size on premises known as Block 183, Lots 77 and 77.01, State Route 33 and Colts Neck Road.

iii. Attachments:

1. Document Distribution Sheet 1

2. Document Distribution Sheet 2

3. Board Engineer’s Review Letter

c. Case No. SP-1081 / Cabin Realty, LLC

i. Type: Minor Site Plan with Ancillary Bulk Variance Relief

ii. Description: Application of Cabin Realty, LLC as Applicant and Owner seeking Minor Site Plan approval to convert the existing 1-1/2 story building to a kitchen with restroms, and expand this building further to the east to provide a covered food service area and seating. Two additional structures are proposed to serve as covered bars, as well as another structure that will serve as a covered bandstand in the front and a walk-in-cooler in the back for proposed table and bar seating throughout the improved area on premises known as Block 177, Lot 16.01, 984 State Route 33.

iii. Attachments:

1. Document Distribution Sheet 1

2. Board Engineers Review Letter

9. Applications before the Board:

a. Case No. SD-2992 / Mario Preta

i. Type: Minor Subdivision with Ancillary Bulk Variance Relief

ii. Description: Application of Mario Preta as Applicant and Owner seeking Minor Subdivision Approval with Ancillary Bulk Variance Relief to subdivide the property into two new lots, on for the existing 1-1/2 story dwelling and one new lot which is to remain vacant at this time on premises known as Block 171, Lot 3, 101 Asbury Avenue

iii. Attachments:

1. Document Distribution Sheet 1

2. Document Distribution Sheet 2

3. Exhibits

10. Master Plan Update

11. Executive Session (if required)

12. Remote Meeting Protocol

PLANNING BOARD OF THE TOWNSHIP OF HOWELL

REMOTE PUBLIC MEETING PROTOCOL

In accordance with N.J.A.C. 5:39-1.1., et seq., the Planning Board of the Township of Howell (the “Board”) hereby adopts the following meeting protocols whenever a declared emergency requires the Board to conduct a public meeting without physical attendance by members of the public. This protocol has been adopted by resolution of the Board.

1. The Board Chair, in consultation with the Mayor and the City Manager shall make the determination as to whether a remote public meeting should be held due to a declared emergency that reasonably prevents the Board from safely conducting public business at a physical location with members of the public present.

2. If in-person meeting attendance is restricted due to capacity restrictions, the Board must hold the public meeting in a location with adequate capacity or hold both an in-person and remote public meeting. No in person meeting may proceed if room capacity does not permit any member of the public to attend.

3. Remote meetings shall be conducted with adequate electronic communications technology, at no cost to the public, for attendance of at least 50 public participants (beyond those persons required to conduct business at the meeting).

4. A telephonic conference line shall be provided for the public to dial in to and listen to and provide public comment during meetings. Additional technology is permissible, including video and Internet-accessible technology, but a telephonic conference line must be provided.

5. All members of the public that provide public comment shall first identify themselves.

6. The public shall be provided with similar access to a remote control meetings as members of the local public body, staff, and individuals seeking approvals.

7. A public meeting must be broadcast by video as well as audio if sworn testimony is being taken at the remote public meeting. All individuals giving sworn testimony shall appear by video as well as audio.

8. If documents would be made available at a remote meeting, such documents shall be made visible on a video broadcast or available on the municipal website. If hard copies of a document would be made available to members while physically attending a meeting, the document shall be made available in advance of the meeting on the municipal webpage near the meeting notice and at the municipal building.

9. Members of the public may make public comments through audio and video (if the meeting is held via video), during the meeting. For matters not involving a public hearing under the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1, et seq., public comments may be submitted to the Board Secretary via email or written letter if received at least eight (8) hours prior to the meeting. Public comments on matters that are not the subject of a public hearing on an application for development before the Board shall be read at the remote meeting with the same time restrictions of all public comments at the meeting. Duplicative comments may be summarized at the discretion of the Board Chair.

10. The remote meeting must allow for members of the public to be muted and the public to mute themselves.

11. The public comment protocol and muting function shall be announced at the beginning of the remote meeting.

12. The Board Chair may direct that a member of the public that becomes disruptive may be muted and warned that continued disruption may result in their being prevented from speaking or removal from the remote public meeting. Disruptive conduct includes sustained inappropriate behaviors such as, but not necessarily limited to, shouting, interruptions, use of profanity and refusing to comply with the directions of the Board Chair.

13. Remote public meetings shall be hosted on FedRAMP Moderate Impact Level Authorized dedicated services or Cloud, or evidence of satisfactory cybersecurity internal controls through an annual SOC2 audit report.

14. Notice shall comply with N.J.S.A. 10:4-8 and shall provide clear and concise instructions for accessing the remote public meetings, means for making public comments, and where relevant documents, if any, are available.

15. Electronic notice of a remote public meeting shall be posted on the municipal website and at the main access door of the municipal building, in a location viewable from outside.

16. If a series of remote public meetings are expected, the annual notice shall be revised at least seven (7) days prior to the next regularly scheduled meeting, indicating which meetings will be remote, and with clear and concise instructions for accessing the remote public meetings, means for making public comments, and where relevant documents, if any, are available. The revised annual notice shall be posted on the municipal website and at the main access door of the municipal building, in a location viewable from outside.

17. At the commencement of every remote public meeting, the Board Chair shall announce publicly, and shall cause to be entered in the minutes, an accurate statement to the effect that:

a. both adequate and electronic notice of the meeting has been provided, specifying the time, place, and manner in which such notice was provided; or

b. only electronic notice of the meeting has been provided, specifying the time, place, and manner in which such notice was provided, and that discussion and effectuation of public business shall be limited to only those matters requiring decision during the remote public meeting due to imminent time constraints.

c. that adequate notice and electronic notice was not provided, in which case such announcement shall state:

1. the reason or reasons why the matter or matters discussed are of such urgency and importance as contemplated under N.J.S.A. 10:4-9(b)(1), and the nature of the substantial harm to the public interest likely to result from a delay in the holding of the meeting;

2. that the remote public meeting will be limited to discussion of and acting with respect to such matters of urgency and importance;

3. the time, place, and manner in which notice of the meeting was provided; and

4. either that the need for such meeting could not reasonably have been foreseen at a time when adequate notice and/or electronic notice could have been provided, in which event, such announcement shall specify the reason why such need could not reasonably have been foreseen; or that such need could reasonably have been foreseen at a time when adequate notice and/or electronic notice could have been provided, but such notice was not provided, in which event the announcement shall specify the reason why adequate notice and/or electronic notice was not provided.

18. Prior to the commencement of a remote public meeting, a copy of the agenda shall be made available to the public for download through an internet link appearing either on the meeting notice, or near the posting of the meeting notice on the website. The notice shall also be posted at the municipal building prior to the commencement of the remote public meeting

*** PLEASE NOTE: If at 10:30 PM there remains one or more cases on the agenda other than the case in process, the board may elect to postpone the unheard cases to the following month to discuss outstanding correspondence.