LAND USE BOARD TOWNSHIP OF WATERFORD - Waterford Township

TOWNSHIP OF WATERFORD
                                   2131 AUBURN AVE. ATCO, NJ. 08004

                                   LAND USE BOARD
                                  REGULAR MEETING MINUTES
                                              April 19th, 2021
Chairman Mauriello opened the meeting by reading the Sunshine Statement:
In accordance with chapter 231, Public Law, 1975, Open Public Meeting Act, notice of time, date and
place for this meeting was sent to the Courier Post and Hammonton Gazette, and is posted in the
Municipal Building.
The April 19th, 2021 Joint Land Use Board meeting of the Township of Waterford called to order at 7:05
pm. by Chairman Mauriello.

SALUTE TO THE FLAG
Notice:
The Planning Board reserves the right to change the order of the published agenda. All changes will be
announced at the start of each meeting.
Chairman Mauriello requested that for those in attendance with a cell phone, to please turn it off or put
in silent mode. He also requested that, if it is necessary to have a conversation with the professionals
involved with your applications, to please do so outside the meeting room. When attending via zoom,
please keep your mic muted. You will have the opportunity to speak or comment during the public
portion, you will be identified by name when you raise your virtual hand. You will be given 5 minutes, or
at the discretion of the board.
ROLL CALL: The following Board members answered present to the roll call vote: Mr. Becker, Mr. Ciocco,
Mr. Hanna, Mr. Howarth, Chairman Mauriello, Mr. Ward, Mr. Yeatman, Mr. Yucis At. #1, and Mr. Zito Alt.
#2
Those absent: Mr. Narciso; Mayor Wade
Due to Mr. Narciso’s absence, Mr. Yucis will be voting on all applications.
REGULAR MEETING:

Motions for adjournments of cases or other motions:
None

New Business:

None
Old Business:

2020-07 Insurance Auto Auctions Corp. 2556 Tremont Ave, 1000 Jackson Rd., 924 Jackson Rd., 1007
Glendale Rd., 940 Jackson Rd. Block: 5201 Lot: 8, Block: 5302 Lot: 1, Block: 5402 Lots: 2, 3, 4.

Mr. Boraske, board solicitor addressed the board regarding supplemental plans that were submitted by
Marathon Engineers, and if they have been made accessible to the public. Land Use Administrator
Debbie Simone stated that indeed the plans are online accessible to the public along with all other
documents that have been submitted to date. Mr. Scott Smith from Key Engineers added that on
March 19th there was one plan, and on April 9th that submission included all substantial documents. Mr.
Ward asked for clarification, there has been a number of materials dropped off that were not available
until after April 9th. Mr. Ward also stated that he is concerned with comments that are in the review
letter, there is no documentation to support on page 7 of the letter. The applicant has failed to provide
for the 3rd time for a major set of documents to be dropped off. He is concerned with the ordinance
provision that all parking surfaces be paved, how is this suitable with the pervious coverage listed by
ordinance in chapter 176-80. Mr. Ward feels there should be a new application. Mr. Boraske added this
is a conditional use application, it is up to the board to determine if the applicant has demonstrated the
burden of proof. It is discretionary for review time the board can evaluate with guidance in the review
letter and move forward. Mr. Ward stated that Mr. Fusco from Key Engineers should have ample time to
review, and all supporting information has not been provided. Mr. Fusco stated that information that
has been submitted was in 2 parts. The applicant has appeared and provided testimony on
improvements. Mr. Fusco stated he has concerns on traffic, and environmental impact. The applicant
has secured a traffic engineer and we will see how the report effects the area, there is a detailed
environmental impact, and the result is a lengthy report, the applicant has the right to present the
information. The applicant has made the effort to eliminate the use variance requirement and changed
the surface of the parking area. Mr. Fusco mentioned grading and drainage issues, NJDEP stormwater
quality and quantity and recharge. Is not substantially supported. Mr. Boraske commented on the detail
to consider it’s one application. Mr. Smith stated he had nothing further to add.

Mr. Wait, representing IAA Corp., addressed the submission of M1, M2, M3, M4, and M5 that was
submitted on March 19th. The applicant was prepared to proceed on March 29th, however there was a
problem internally with zoom. Then the applicant provided N1, N2, N3, N4, N5, N6 on April 9th,
provided additional notice of the meeting and has witnesses. Mr. Wait stated he is prepared to continue
as a permitted conditional use with this application. Mr. Doman, who was previously sworn in, and is
still under oath provided testimony. Mr. Doman addressed the submission of M1 the letter to the board
describing the elements of the submission and M2, both submitted on March 19th . The layout is the
same, the inventory area changed from a paved surface to gravel. The cars are brought to the site by
vehicle carrier to the drop zone then placed in the inventory area. Chairman Mauriello questioned
inventory VS. parking and asked if any of the vehicles are driven if loaders are transporting them. Mr.
Wait confirmed they are placed then removed and taken to the lower eastern corner of the property for
the online auction. The vehicles are not driven, they are relocated by loaders. Mr. Hoopis testified that
they arrive in the drop zone, where they are tagged, imaged, then removed from the inventory area to
the drop zone then leave the site. The vehicles are moved as per best management practices.

Chairman Mauriello asked about adding protections since the vehicles are parked on gravel. Mr. Hoopis
stated they routed the stormwater to the pond to deal with anything at the drop zone. Everything is
treated with care, and subject to best management practices. The surface is gravel, and drive aisles are
paved. They have locations around the country, with various testing, and he is not aware of any issues.
Chairman Mauriello asked if any of the vehicles are theft recovered vehicles, and if so, aren’t they
drivable? Mr. Hoopis stated yes, some insurance ones are drivable, however every vehicle is taken and
moved by forklift, and it starts in the drop zone. Chairman Mauriello commented that aren’t leaks more
visible on pavement vs. gravel? Mr. Wait read Waterford’s ordinance regarding parking. Mr. Hoopis
stated that the drop zone is not accessible to the public. Mr. Doman stated the parking complies, there
is no curbing so that water can sheet flow. In the drop zone, we added a contact storm filter to provide
water quality before it reaches the basin. Mr. Smith commented on the ability to monitor the leakage
from the vehicles on crushed stone which is almost impossible, clean up is difficult. There is an
inconsistent certificate of filing from Pinelands, Mr. Smith spoke with Rhonda Ward from Pinelands, she
stated she has no supporting calculations. There is a concern of permeation of fluids, and high-water
table 3.7ft. with limited distance. Chairman Mauriello asked where the cars will be, paving will be
removed, why is that? Mr. Hoopis responded due to the lot coverage ratio. Mr. Hoopis testified
regarding inspections that would take place regularly according to best management practices, the clean
up of the soil or gravel would be removed by safety clean that has a superior environmental record. Mr.
Doman addressed the High water table- the seasonal high minimum requirement is 2ft. if the ground
water would be more. The proposed building seasonal high still has several feet well in excess of 2ft of
separation provided or more towards the roadway.

Mr. Riccardi of Marathon Engineers, Licensed Planner, added that the inconsistent certificate of filing is
due to stormwater management. Information has been submitted to Pinelands. In lieu of a consistent
certificate of filing, Pinelands is waiting for board approval. Calculations have not been provided they
were just requested in plan review. Mr. Doman commented on the conditional use standard. There are
2 inconsistencies, infiltration areas, trenches increased to 20% impervious coverage. Gravel is not
considered impervious coverage. Drive aisles and buildings are on concrete, acreage is 16.8 acres, less
than 20%. The proposed use meets the conditional use requirements in the zone. 65% of lot coverage is
allowed, and all bulk requirements are met. Stormwater calculations have been provided, and each
basin is less than 2.5 ft. Exhibits M3, and M4 relate to the inconsistencies, as Pinelands prefers more
smaller basins as opposed to one large basin. Water quality and ground water recharge requirements
will be provided for Pinelands. Mr. Doman added testimony on existing vs. proposed, everything sheet
flows to the woods. Mr. Doman also testified that they will meet with Pinelands and address the storm-
filter in the drop zone that is required by the state. Mr. Doman addressed the request by the Fire
Marshal for the fire route around the perimeter, and a water tank that has not yet been sized, but would
be used for the drop zone if needed. Tankers can also pull up in the drop zone and fill up. The Water
tank is also placed to keep within the set backs and bulk requirements. On April 9th the submission of
environmental impact statement N1, N2, N3 are the proposed fire truck route exhibits. A fire truck can
traverse the site, and can get around the entire location. Exhibit N4 is a copy of a letter from the State
Planning Commission. Exhibit N5 is a copy of a letter to the board, and N6 is the traffic study from
Shropshire Associates.

Bob Farns referenced Exhibit N2. Mr. Farns was previously sworn in and is still under oath. Mr. Farns
testified he works for Tetra Tech Inc. and developed the best management practices. He addresses the
administrative functions and inspections, handles awareness related to clean ups. IAA has done testing
all over the Country, sampling of ground water and there have been no issues. Sample requirement for
surface water results have been fine. Mr. Farns addressed a lab and analytical report, that shows very
few things detected, the PH detection outside of normal results is relatively clean. Mr. Brickner also
previously sworn in, of Marathon Engineering referenced exhibit N1, the April 5th Environmental Impact
supplemental information. This vegetated area is a field and does not disturb other environmentally
sensitive areas. Pinelands will need a certificate of filing, he mentioned the Wharton State Forest, an
electrical easement and the Mullica River to the North West 780ft North there is a 5% or less slope.
There is a man-made ditch at the site endangered species were found, it was a plant found that is in an
area that is not being disturbed. Pinelands also determined consistency for this. Pine Barrens tree frogs
were found, and protections are in place. The area will be re-vegetated 23 acres of the site. The existing
field areas are converted to incorporate contact storm filter, removing the existing paved area. Key
Engineer’s letter describes the man-made ditch being a 280ft. tributary to the Mullica River, and the
existing areas of gravel, grass and woods. There are no major air pollutions, no significant traffic, and no
air quality permit required. Just to be sure Mr. Brickner’s information is on the record, he stated he is
from Marathon Engineering, 3 Kildeer Ct., Sweedesboro, NJ. And all the aforementioned statements by
him are true, and he prepared the environmental impact statement.

Andrew Feranda of Shropshire Associates, PE, PTOE, has testified before many boards previously. 277
White Horse Pike, Atco, NJ. Mr. Feranda addressed the submitted traffic study, and the existing
conditions. The site is off Jackson Road where the traffic flows about 50 mph. The proposal is for a
10,000 sq. ft. building, having 1 full movement driveway, and a 6,120 storage spaces on site in-active for
inventory. 43 spaces for employees and visitors. The applicant anticipates about 15 employees. Mr.
Feranda testified that due to COVID they used numbers from 2017 during peak periods for the traffic
count. In the AM the highest hour is 7am to 8am, 526 vehicles, ½ heading east and ½ heading west. In
the PM the highest is 4pm to 6pm with 555 vehicles, 250 heading east, 300 heading west. 1200 – 1500
per lane capacity. By adding employees and delivery traffic based on total inventory with turnover of 5
times, 30,625 vehicles, any given day there would be 82 trips over 9 hours, 9 trips per hour, less at mid-
day, 30 trips, one trip in, one trip out. The current drag strip functions are more on the event scale
March through October, and a larger number of vehicles, hundreds or thousands on weekends. The
level of service is a B, might be 15 seconds. NJDOT criterial is if 100 trips during peak hours ( this is less )
then it would be considered a significant increase. Mr. Wait addressed the past weekend’s event, Turner
car show, the police were called there were thousands of vehicles. The gates were closed with 3,00 to
4,000 vehicles onsite. The road could not handle the volumes and it became an issue. State Police
assisted. This would not occur with the proposed use, it a regular less intense use. At this time the
board took a 5 minute recess, at 8:54pm. At 9:03 PM, the meeting was called back to order by Chairman
Mauriello.

Mr. Farns added the existing site is a more intense use with the drag strip. Mr. Lance Landgraf, AICP of 9
S. Harvard Ave, Ventnor, NJ. Stated this application is in compliance with the conditional use. 179 acres

used with the revised submission. Gravel is now being used as it is permeable. The site will be fenced,
shrubs added, and safety/warning signs added. The entire use will be contained.

Scott Smith of Key Engineers was sworn in and addressed his report from April 14th. Mr. Smith addressed
page 2 of his report, item A. The site plan could be executed with 20% drive aisles, paved trenches witer
intermittent trenches, now vehicle storage areas. Pinelands has not approved anything yet, on March
19th the plans show critical changes, there is testimony from Mr. Hoopis and Mr. Farns regarding leakage
checks and clean up measures. Fluid leaks on crushed stone is almost impossible to assess leakage. Mr.
Smith stated he has a concern with the turning radius. Mr. Fusco of Key Engineers added the report is
very well prepared by Mr. Feranda, and he concurs with the information in the report and his conclusion.
Mr. Smith stated on page 5 of his report, the environmental impact statement, item D was prepared to
replace the review report, and the design change brings concerns. Mr. Smith addressed a web soil
survey, seasonal high -water tables and the average 3.7ft. below ground surface shallow water table.
The Mullica River 780ft. from the site and the man -made ditch to the river/ tributary is a concern.
There are private potable wells in this area, the depth to groundwater is shallow overall site flow will
follow surface flow. The areas that are not disturbed has wildlife, and wildlife habitat. There have been
no Pine snake or timber rattle snake found. The Mullica River is a high value water source. Mr. Smith
asked for testimony on the air quality, regarding conventional over the road trucks. 6000 cars not
moving, being stored, there are scenic resources, the wooded areas have value, there is wetlands there.
Mr. Fusco addressed stormwater, NJDEP standards and Pinelands. There is no supporting calculations
supplied, disturbance of more than 1 acre they need to demonstrate how gravel complies with
stormwater quality and quantity as well as recharge. The surface proposed is gravel, it is impervious,
gravel alone is not pourus, calculations must be submitted. Vehicle recycling requires NJDEP permits,
there needs to be a determination if an individual permit is required. Mr. Smith addressed sewage
disposal, less than 2,000 gallons per day, no additional permitting. Potable well 1242 ½ gallon per day
well, the water tank will be sized by the Fire Marshal. The noise level will be less intense than the
current facility. The site shown in the GIS system shows a peninsula of fill, that material needs to be
removed. There is no point of discharge to surface water, distances for ground water quality, gallonage is
less than 2,000 gallons. No vegetation will be removed, and re-forestation/restoration to fix violations
from previous owners. In 2015 there was clearing of the wooded area, now is a grass area which
resulted in a violation. Wharton State Forest is not affected. The stream/lake testing, there are 2
summaries of lab data, with surface water samples in 3 locations. 1 in the tributary that connects to the
Mullica River. All results show is that they meet NJAC data, available to Pinelands, there is acidic soils,
and water samples show chlorides. Mr. Doman responded it is not high polluting. Mr. Farnes addressed
he crushed materials onsite under best management practices. Successfully no detections, no
groundwater issues. Protection and collection, not in the Pinelands comparable water tables. Mr.
Riccardi will submit calculations and certificate of filing when it is received. Mr. Riccardi stated the
storm water run off is under the old storm water requirements due to the timing of the application. The
storm water management system is non- structural, and Mr. Riccardi reached out to NJDEP regarding
recycling, but has not received a response yet. At this time Chairman Mauriello opened the meeting to
the public to try and get some public feedback before the board members continue with comments and
questions.

Barbara DeBuono of 1018 Raritan Ave appeared from the public. Ms. DeBuono asked what the
difference is between a salvage yard, a junk yard, and this use. Mr. Wait, attorney for the applicant
called upon Mr. Riccardi and Mr. Hoopis. Mr. Hoopis stated this is an auto auction, salvage or junk yards
offer parts sales, this use is licensed for used auto sales, the state statute was provided. Ms. DeBuono
commented on the plan to tear up the asphalt and replace with stone and gravel, what happens if well
water is contaminated? Mr. Farns commented that best management practices are in place for
preventative measures. Ms. DeBuono asked if it does happen does Insurance Auto Auctions have
insurance? Mr. Hoopis stated yes, $20 million per occurrence. We currently operate in 200 locations
and have a lot of resources. Ms. DeBuono read over the allowable land use, and chapter 176-17 does
not allow for storage, auto graveyards. Mr. Smith of Key Engineers added this has been addressed
referencing the used car definition in title 39. Mr. Boraske questioned auto graveyards in 176-16?

Carl Miller of 11 Fall Dr. appeared from the public. Mr. Miller commented that the plan has been revised
to meet impervious coverage validity of using the 2nd lot. Mr. Miller commented that the lot line or
boundary line has no relevance. Converting from pavement to gravel is to avoid using residential lot and
avoid a use variance requirement. Mr. Miller commented he feels this is a bad idea, it allows fluid to
flow into the ground and ground water. The traffic study is based on 72 day turn around time.
Calculations on 5,000 to 7,000 cars for 60 days or 8 weeks times 5 equals 40 days. If a car comes in on a
carrier and leaves on a carrier, loaded with cars how is that considered. He understands the drag strip
owner wants to sell, it started in 1960. 60 years of history here, they have always been a good neighbor
up until this past weekend. They have brought revenue to the local economy over the years as well. Mr.
Feranda commented that he went through the same calculations, came up with 82 trips, the numbers
are in the same ballpark area, turning cars over about 5 times per year. Mr. Landgraf commented this is
a permitted conditional use, and the intent is to remove items that were constructed without permits.
Mr. Miller commented this is a pre-existing non-conforming use, Mr. Landgraf responded 2 of the parcels
are in the planned light industrial district.

Richard King, Esq. 5 McArthur Blvd, Somers Point, is representing Thomas Stalba and would like to be
heard at the May 3rd meeting as he will need approximately 1 hour time for testimony. Thomas Stalba
of 3727 Nesco Rd. stated he will be represented by Mr. King.

Ryan Holbrook of 2307 Auburn Ave. asked Mr. Hoopis if he has field experience or is there a manager?
Mr. Hoopis stated there is a branch manager for each site, then health and safety and environmental
safety, and operational employees. Mr. Farns added all spills are documented, there are checklists for
yard inspections by the audit team. Mr. Holbrook asked if employees are keeping logs? Mr. Hoopis
responded there is spill equipment onsite, spill absorbent, drip pans and employees are trained on the
equipment. Tetra Tech and other contractors are available as needed. Mr. Holbrook asked what does
this company bring to the quality of life in Waterford? Mr. Hoopis responded we are a major component
in used auto industry, we bring tax revenue, and partner with police, and fire. We are a good member of
the community, and all the employees utilize local business such as gas and food establishments.

Loretta Clements appeared, stating she has been a long time resident of Waterford Township. Jackson
Road is one way in each direction, the span of a car hauler trying to turn into the site making 18 trips per
day will cause a back up. Ms. Clements asked if any of the vehicles run? Mr. Hoopis stated some do.
Ms. Clements asked of the 6,000 parking spots, will the cars be in an individual spot or stacked? Mr.
Hoopis responded they will be on a 45 degree angle parked, no stacking, and only moved by a loader,
there will be no driving of these vehicles onsite. Ms. Clements stated she is unsure of the capability to
make a correct turn into or out of the site due to the width of Jackson road. The speed limit is 50mph, it
is a County road, and she is concerned with noise pollution. Mr. Hoopis testified to the hours of
operation being Monday through Friday 8:30am to 4:30 pm. This is not a 24/7 operation. There will be
8 to 10 employees, and occasional trucks at night. Ms. Clements stated she has a concern for safety of
the citizens on Jackson Road, with inexperienced drivers. Mr. Hoopis stated buyers rebuild the vehicles,
there are no parts sales, this is not a salvage operation. Mr. Feranda added that Jackson Road has 17ft.
on each side with shoulders available. The applicant agrees to comply with all county comments and is
willing to address widening the drive area if needed.

At this time, it is nearing 11pm. And the applicant is requesting a continuance to May 3rd at 7pm. The
meeting will be via Zoom, the link will be posted on the website, but it is the same link as tonight’s
meeting. Mr. Wait consented, and no new notice will be required. At this time Chairman Mauriello
closed the public portion.

Reports / Communications:
NONE

Resolutions:
NONE

Minutes:
Minutes for April 5th, 2021. Motions were made by Committeeman R. Yeatman to approve the minutes
from April 5th, 2021, second by J. Ciocco. On voice vote, all in favor, no objections.

Open to the public:      At this time Chairman Mauriello opened this portion of the meeting to the
public for comments not dealing with the application. With no public comment, motions were made to
close the public portion, on voice vote, all in favor, no objections.
Board Comments and Questions:
Mr. Howarth asked for an update on LaFronterra Restaurant. Mr. Smith stated he sent a letter to the
owner and advised him, giving him an appropriate deadline to be completed by.
Adjournment: Motion by Mr. Howarth to adjourn the meeting, 2nd by Mr. Becker. On voice vote, all in
favor, no objections. Meeting adjourned.
9-0 Motion Carried

Respectfully Submitted,

Debbie Simone
Board Secretary, Land Use Administrator