Hearings continue on proposed asphalt plant

Hearings continue on proposed asphalt plant
Planner for opponent says plant would deter future development
BY KENNY WALTER Staff Writer

TINTON FALLS — Testimony on a proposed asphalt plant ran overtime at the Oct. 1 meeting of the Tinton Falls Zoning Board, which carried the hearing to the next meeting on Oct. 15.

After nearly two hours of testimony, the Zoning Board meeting had already run 20 minutes over the 10:15 p.m. time limit for meetings.

The Zoning Board has been hearing an application by FLM Associates, which is seeking approval to construct an asphalt manufacturing plant at 3212 Shafto Road, where the plant is not a permitted use.

The property is located in the MFG zone where permitted uses include offices, research facilities, hospitals, veterinarian hospitals without outdoor kennels, libraries and parks.

John Tatulli, of Tucci & Tatulli, West Long Branch, represents FLM Associates, which is seeking a use variance and site plan approval for the proposed warm-mix asphalt plant.

The application is being opposed by Stavola Contracting Co., Tinton Falls, which is being represented by attorney Ron Gasiorowski, Red Bank.

Gasiorowski called on Peter Steck, community planning consultant, to testify against the application at the meeting.

Steck cited the recent land use ordinance approved by the Borough Council in May, which he said does not allow the operation, adding that the previous ordinance also barred this use in the zone.

"Neither ordinance permitted asphalt plants," he said.

Asphalt plants are permitted in another zone in the borough, but zoning ordinances require that they be located on a site of at least 10 acres. The site of the plant proposed on Shafto Road would be 4.7 acres.

"This property is 4.78 acres, irregular in shape with about 209 feet of road frontage," Steck said. "It is now vacant and wooded."

Plans also call for the plant to use warm asphalt, which Steck says will not differentiate the plant enough for approval.

"There is no difference in a sense when the gases leave the flumes, because they have to meet the same DEP standard," he said. "I do not think it is relevant."

"Despite all of this rhetoric about warm mix, this is regulated whether it is hot or warm," Gasiorowski added.

Tatulli reviewed a few points in an email this week, including that the plant will create jobs and be good for the local economy.

Tatulli said the asphalt plant would serve as an economic stimulus as well as create additional jobs.

"In addition, this project is being considered by the state Economic Development Authority (EDA) for loan support because the EDA recognizes the economic stimulus and tax implications a manufacturing project like this will have in light of the fact that most manufacturers are leaving our state," he said.

"Additionally, it will give a boost to the ratables for the municipality and surrounding area, and also create 10-15 additional jobs that will be required to operate the asphalt facility, as well as the construction workers, engineers and others workers necessary that will be responsible for actually constructing the facility," he added.

"The plant would also utilize solar panels and other energy-efficient and state-of-the-art building designs," he continued.

He explained the advantages of the warmmix asphalt the plant will produce over hotmix.

"This project would develop the first strictly 'green' asphalt plant not only in New Jersey but the entire country," he wrote. "The reason it is 'green' is because it utilizes 'warm-mix' asphalt as opposed to 'hot-mix' asphalt.

"Asphalt is typically mixed at temperatures of approximately 325 degrees in order to make it flexible and increase the viscosity in order to work with it and pave it onto roads, parking lots, driveways, etc," he added. "By heating to temperatures at 325 or above, however, toxins and noxious odors from volatile organic compounds (VOCs) vaporize and have significant detrimental impacts on the environment.

"When most people think of asphalt manufacturing and paving, they typically associate pollution from the VOCs, or blue-smoke that is often seen when workers are paving the roads in towns or on county or state highways," he continued.

Steck testified that the area is undeveloped but will soon be developed, and an asphalt plant would deter future development.

"I think you can expect additional development in this corridor over time," he said. "There is a lot of space I would call underdeveloped.

"Most of the properties are developed with relatively small properties," he added. "The point that I'm making is by introducing a use that is not permitted and one that would be highly visible, not just by the road frontage but from the perimeter properties, it will affect what people do in the remainder of the zone.

"It is underdeveloped now, and what you do in this property will affect the remaining integrity of the road," he continued.

To illustrate his point, Steck said that if the plant is built, any prospective office building, which is a permitted use in the zone, would not find the area attractive.

"If you have an underdeveloped property next to this, and let's say someone wants to propose an office building, they're going to make a decision based on what they see across the property line," he said. "And if what they see across the property line happens to be an asphalt plant of 75 feet in height, it's going to be in their face.

"There is no way you're going to effectively buffer an asphalt plant of this size," he added.

Another point refuted by the opposition was that the applicant is cosmetically making it more appealing from the view of Shafto Road. They plan to do so by enclosing the silos in buildings.

"My point again is all of the visual impact has been from Shafto Road," he said. "My opinion is you have to look at this property from a 360-degree angle."

The board has been hearing the application since last year. Homeowners in the area near the site of the proposed plant are also opposed to the application.

Experts for the applicant previously testified that warm-mix asphalt is a new technology that does not produce the odor or visible smoke and vapors associated with an asphalt plant.

Contact Kenny Walter at

kwalter@gmnews.com.