HOWELL – In a recent victory for local business, the New Jersey Appellate Division has overturned a lower court ruling that threatened the closure of L&L Paving Company’s facility at 89 Yellowbrook Road.
The decision allows the plant to remain operational. The saga for L&L Paving, owned by brothers Lance and Lawrence Redaelli, began in 2016 when they purchased approximately 35 acres on the site previously occupied by the Kerr Pipe. Their intention was to move their paving business from Tinton Falls to Howell.
Stavola Asphalt Company, located across the street on Yellowbrook Road, was the only asphalt producer in Monmouth County at the time. Both properties lie within the special economic development (SED) zone, designated to foster diverse economic development in areas of Howell with accessible rail and highway infrastructure.
Although the zone permits 24-hour operations, it imposes specific restrictions concerning noise levels.
The Howell Township Planning Board initially granted L&L Paving minor site plan approval to renovate the existing office, shop, and structures on the site, and to provide parking for vehicles and equipment storage.
While L&L Paving’s application was pending in April 2017, the Planning Board undertook a review of the township’s master plan. As a result of the review, the Zoning Board made recommendations for an ordinance that explicitly banned the manufacturing of asphalt or concrete within the SED zone and removed the manufacturing of concrete products from the list of permitted activities. The governing body passed the ordinance, and its effect impacted the company’s plans.
L&L Paving’s only recourse was to make an application to the Zoning Board for a use variance. This move, sparked opposition from Stavola Asphalt and neighbors who lived in the vicinity.
Concerned residents from the over-55 community of Equestra at Colts Neck formed a group called Clear the Air LLC to voice their opposition to the plant.
They expressed a range of concerns, including noise and traffic disruptions, as well as potential toxin emissions near their homes.
In their application, L&L Paving argued that their business was functionally similar to the Kerr Pipe facility that previously occupied the site. They further contended that their application had been submitted to the Planning Board well before the municipality passed the ordinance banning concrete and asphalt businesses in the SED zone.
This argument regarding the timing of the application became a critical factor in the ensuing legal battle.
Opponents against L&L Paving’s operation put up a good fight to let their positions known. The Zoning Board was forced to hold at least fourteen meetings to accommodate the applicants, experts, and the public who wished to be heard on the issue.
The sheer number of attendees at least one of these meetings necessitated a venue change, with the Zoning Board ultimately moving from town hall to Middle School South to handle the overflow crowd.
On May 20, 2019, after much deliberation, the Zoning Board finally granted approval for the plant. The Zoning Board green lit L&L Paving’s asphalt plant in a detailed 49-page resolution. They reasoned that the property’s decades-long history of concrete production made it particularly suitable for a similar use.
Additionally, the Zoning Board considered the surrounding area’s established industrial character, with businesses like Anchor Concrete and Stavola already present.
L&L Paving’s plans to mitigate potential downsides, such as noise and traffic, through measures like evergreen tree buffers and controlled truck routes, also played a role in the approval.
Both Stavola and Clear the Air filed lawsuits against L&L Paving and the Zoning Board. They still contended that L&L Paving should be precluded from operating their business as planned.
Superior Court Judge Linda Grasso considered the matter and offered an extensive explanation as to why the Zoning Board should not have granted L&L Paving a use variance. A court order dated April 14, 2022 overturned the Zoning Board’s approval.
Subsequent to this decision, the Township Department of Community Development & Land Use issued a notice of violation on May 22, 2022, demanding that L&L Paving cease operations.
Stavola also followed up with a request for the court to order a shutdown of L&L Paving’s operations.
The case eventually went to the Appellate Division, where a three-judge panel sided with the Zoning Board and overturned the lower court’s decision.
According to case law, municipal board decisions are given significant deference and can only be overturned if found to be arbitrary, unreasonable, or capricious. The Appellate Court determined that the Zoning Board’s decision was neither.
The court ruled that the Zoning Board was correct in determining that a concrete manufacturing facility was well-suited for the SED zone, considering similar businesses in the area, the size and historical use of the property, and the goals of the SED zone. The court agreed that there would be no significant negative impact on noise, traffic, or the Township’s master plan.
Based on this ruling, the request to stop L&L Paving’s operations was denied, allowing the facility to continue business.
