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Someone else's vehicles. M.r. Book stated it seems like the best is trying to be done in an area where it's not suited, and asked if Mr. Clifton was a certified diesel mechanic. M.r. Clifton advised he was not certified, however has been doing this since he was 15 years old. M.r. Hurley noted initially it was testified that the diesel repair shop has been done for 2 year with 2 employees. M.r. Clifton stated his brother and himself work at the shop along with 2 employees. M.r. Najarian thanked M.r. Clifton for coming out, and asked when the door is closed and there is trucks running indoors how is the carbon monoxide handled. M.r. Clifton stated there is a detector, and there are 2 fans that went to the outdoors, and everyone tries to not have a vehicle running without the doors open. M.r. Najarian asked if Mr. Clifton feels safe in this location. M.r. Clifton stated he does feel safe here, and there has been no issues and no employees have been injured or himself. M.r. Najarian asked if there is anything that can be done to help with this location. M.r. Clifton mentioned once the business grows a bigger shop would be desired. M.r. Najorian asked how many trucks are bright in at one time. M.r. Clifton stated there are 2 at a time however at a maximum there can be 3. M.r. Book stated to the Board members point, it has been asked what's outside, and there are items being stored outside the location besides the vehicles, are there truck parts stored outside or equipment. M.r. Clifton stated there is a motor on a stand and a transmission, and they will be transported and a good appearance is always attempted to be had, and there are 2 trucks that are stored on site that are his brothers and they stay there all the time, the trailers and trucks are in and out. M.r. Book stated this operation is too big for this space, and there seems to be in Mr. Peters letter from December 17, 2020 item 6, it speaks to industrial activities within a completely enclosed building, does that apply. M.r. Peters stated the zone that the project is located in there are certain requirements and to the extent the repair is the activity, the repair is not a permitted use in the zone which is why a conditional use variance application is before the Board. M.r. Book asked if the bay is currently rented. M.r. Clifton advised that is correct. M.r. Book asked if there is a lease now. M.r. Clifton said yes. M.r. Hurley asked what was in the building prior to the diesel repair shop. M.r. Clifton stated he was not sure. M.r. Hill mentioned in addition to adding fence along the wetland buffer, it's for the entire site. M.r. Alfieri advised that is correct. M.r. Hill asked for the portion of the building that is being used for this be delineated, the variance plan should be updated to reflect one bay not 2, and it was asked that the outside areas be delineated and marked on the variance plan so the portion of the outside is known. M.r. Alfieri stated that will be done. M.r. Gertner stated it appears that the majority of the outdoor activity occurs in Toms River, so would it therefore be helpful to this Board by resolution or agreement to know exactly what Toms River will approve. M.r. Hurley advised this Board should approve or address the use in Jackson and make it subject to Toms River, because this Board is addressing a use here in Jackson, and the design of Toms River may affect the approval, and 1 bay is being discussed and maybe being able to address one truck and whatever is decided for outdoors is on Toms River. M.r. Hill advised a suggestion is currently there has been no testimony from the planner, or the applicant that all outdoor services are on Toms River's property, and there can be a restriction that anything outdoors cannot be done in Jackson, and there is some guidance in Toms River who will be hearing this. M.r. Costanzo asked if that includes the vehicles that are stored. M.r. Hill stated they are in Toms River, and outdoor servicing or storage should be restricted in Jackson and it be limited to inside the building subject to delineation.
Tom Smith- 520 Whitesville Road- sworn- mentioned there is correspondence from May 3, 2021, and primarily there is dumping that has gone on at the site
M r. Alfieri confirmed the correspondence has been received
Tom Smith- 520 Whitesville Road- said the dumping, the expanding, the filling of the wetlands and the areas inside the wetlands areas have been removed and cleared, there is material being dumped and there is clearing and most of this is in Toms River however some encroaches Jackson the Board should be addressing the issues on site
Mr. Book stated the focus of the hearing is on Mr. Clifton's operation being a use variance and although the application is from Mr. Fornicola it's for a use variance for bay #7, is the question to the applicant for this use regarding the dumping.
Tom Smith- 520 Whitesville Road- said not necessarily to the mechanic, however every previous hearing there has been mention of multiple uses, and it's been testified that Toms River has an application pending and that is not true, there is blanket use for contractors.
M r. Alfieri stated if there are any violations of wetlands, clearly the applicant has to comply and this use other than the limited outdoor activity in Toms River, and the complaints being made are to the site as a whole and the site was testified to in support the D variance. M r. Gertner asked if the applicant will agree to address the violations prior to resolution compliance. M r. Alfieri stated the applicant will agree however is not taking credit for what is being done, however it will need to be dealt with regardless.
Seeing no else use the “raise hand” function, public comment closed.
Mr. Alfieri stated the use was refined this evening to a much more reasonable request and it's asked that the Board grant D variance relief with no outdoor activity in Jackson and all technical comments will be addressed to Toms River will be provided with whatever conditions are given and any violations that may be on site will be addressed as a condition of approval. Mr. Book asked if the hours were 9 a.m.-5 p.m. Mr. Alfieri stated Mr. Borden did testify to longer hours, however it is Monday through Friday 9 a.m.-5 p.m. possibly 6 p.m. with an occasional Saturday. Mr. Najarian asked if the wetland issue be spoken too. Mr. Hill stated the plans that were prepared indicate a portion of the exterior gravel has encroached on the wetland buffer which is under pinelands jurisdiction and the applicant has agreed to restore those areas based on pinelands regulations, and to assure this does not occur in the future there will be a 6' chain link fence along the wetlands so they are protected. Mr. Alfieri stated as it relates to the fence there is no activity where there is a wooded area. Mr. Hill stated the fence should be along the wetland buffer where the parking area is and to a point where the site is developed currently. Mr. Hurley asked if the use of the other tenants. Mr. Purpuro stated prior to appointment of Zoning Officer there were multiple tenants in this building, and even in 2001-2002 it was solely owned by a drywall company and once they left there were different tenants, and over the years some of the tenants that were renting outside got more aggressive with the site and took advantage of ownership and its trying to be reeled back in. Mr. Hurley was curious if someone comes in and they want a retail space and it could be broken down as long as all the uses are permitted, it was originally a single use and was changed. Mr. Purpuro stated whenever the prior approvals were looked, only the subdivision was found. Mr. Hill stated it's been asked that the variance plan be delineated so the intensity is known. Mr. Book stated after reviewing chapter 244-97, PM zone ordinance similarities are searched, and within the permitted uses there is food processing, canning, bottling, and there is noise concern, is there assurance that those tucks won't be running prior to 9 am or after 6 pm. Mr. Alfieri asked if there is an issue with not having trucks running before or after operations. Mr. Clifton stated there is no issue. Mr. Book stated the operation as defined here and as conditions wouldn't have a determinant to the public good, there are mixed uses and there is a mechanic shop in there already however the concern is the facility itself, it just doesn't seem like enough space for the operations that are happening. Ms. M. Clhinney agreed, and the current uses are