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Board and professionals are working with the set of professionals to assure everyone is working off the same material and want to assure the rules and regulations are compliant. Mr. Hudak asked if Mr. Wall was in agreement with the testimony. Mr. Wall said yes, and mentioned this is formally known as COAH and there are many different sides of the issue and the Township is trying to work with the people within the law and the obligations and the application process will help the residents and there should be someone with specialized services on the Board and that expertise is needed for all those involved.

Opened public comment; seeing no come forward motion to close public comment by HARING/ Burnstein. Yes: Dolan, Campbell, Burnstein, Herman, Wall, Riccardi, Haring, Hudak.

Motion to approve by DOLAN/ Campbell. Yes: Dolan, Campbell, Burnstein, Herman, Wall, Riccardi, Haring, Hudak.

Ordinance No. 32-21 AN ORDINANCE AM ENDING CHAPTER 244-5701 ENTITLED "M UNC/ HC MIXED USE NEIGHBORHOOD CENTER/ HIGHWAY COMMERCIAL ZONE" TO PERMIT AN ADDITIONAL PERMITTED PRINCIPAL USE: Ord - M r. Peters stated the mixed use zone is the area near Glory's Market and that zoning has been in place for about 20 years and the Governing Body is adding an additional use in that area to be listed which generally includes things that are in the Neighborhood Commercial zone and based upon the land development patterns where this is a permitted use it was thought by the Governing Body to include this in the Jackson 21 area and the purpose is that there are no tenants brought in based on the existing permitted uses and upon review the additional was determined to help bring those properties to fruition and the Board should find it not inconsistent with the master plan. Mr. Gertner concurred and advised this has gone through the planning process by 1st reading.

Opened public comment; seeing no one come forward motion to close public comment by CAMPBELL/ Haring. Yes: Dolan, Campbell, Burnstein, Herman, Wall, Riccardi, Haring, Hudak.

Motion to approve by DOLAN/ Burnstein. Yes: Dolan, Campbell, Burnstein, Herman, Wall, Riccardi, Haring, Hudak.

Applications: 1. Wright Debow Road, LLC, Block 401, Lot 9, Wright Debow Road- M r. Klee stated this application is a continuation that involves 700,000SF where there is warehouse and office space and M r. Kennel was testifying on the intersection improvements that are imposed. M r. Peters stated there is a report dated December 20, 2021 and this zone has not changed and M r. Kennel testimony.

Sal Alfieri- attorney for the applicant- welcomed the new Board members and stated to refresh the Board this as indicated is a permitted use in the zone and there are certain performance standards and there will be no retail sales and all materials will be stored inside the building and there is no chemical or hazardous materials and there is an appeal pending on A&A truck parts and that is at the Appellate division and if that is approved as a conforming use the use variance will be abandoned and there are 2 parking spaces encroaching and they have been eliminated and there is more than enough parking on site and all fencing requirements will be complied with and title 39 will be dedicated to the Town. Mr. Alfieri advised the engineering testimony was completed and Mr. Kennel did provide traffic testimony and there was a hold up on the intersection and marked as Exhibit A-5 in the last hearing and the 2 Zoning Board resolutions were noted and on the resolution that was adopted on August 7, 2017 there is a condition which says the application will address comments with the Ocean County officials and the Township Engineer and the applicant will pay the fair share and the recommended improvements, and the same condition can apply here and it's an offsite improvement and there is no argument there and the intersection improvement will be done and there has been a contract to put the road improvements into place and the final plans are not completed however that condition will protect the Board going forward.

Scott Kennel- previously sworn and accepted- Mr. Alfieri asked as it relates to the intersection can that be described. Mr. Kennel stated there was a discussion with the Ocean County Engineer about the realignment with Wright Debow Road so when it intersects with Commodore it'll be a 90 degree angle and the realignment will be west of Burke Road so it will make a more traditional intersection and currently its off set and it will be two (2) off set "T" to accommodate the traffic. Mr. Gertner stated often this Board talks about the balance between the offsite improvements and the county process to demand for the fare share for improvement, and that has been spoken too. Mr. Alfieri stated the applicant will do the work not a fair share contribution. Mr. Gertner asked if that is because the applicant will be purchasing the property required to make the improvements. Mr. Alfieri said that was correct. Mr. Gertner asked if that removes the argument of the offsite improvements. Mr. Alfieri said that was correct. Mr. Gertner noted it is then part of the site. Mr. Kennel advised that was correct, the land needed to fix the road is being obtained. Mr. Alfieri stated the benefit here is that there is only a fair share contribution asked for and this is being improved fully. Mr. Peters mentioned in Mr. Kennel's June 14, 2021 report on page 6 the intersection of 536 and Wright Debow road, it was indicated there will be an improvement to entering and exiting Wright Debow road from 526 and it was noted there would be land to be acquired and doesn't the improvement need to be seen before approving it, there has to be a physical improvement associated with this site and it will be done with approval from the county. Mr. Hudak agreed, this Board needs to see the improvement and how it will be done and the professionals need to review and sign off and there are most likely residents who will have comment or concern as well. Mr. Alfieri agreed to extent, there should be preliminary approval and there will be a designed road and this will come back and if there is no approval then this will be a waste and there should be preliminary approval granted and before a CO is obtained the road should be completed. Mr. Gertner took no exception to the statement made.

M r. Peters stated there was an intersection analysis done to route 526 and Wright Debow Road and from that location can there be testimony on what happens with the truck distribution when they get to this intersection. M r. Kennel stated all truck traffic will be oriented from Wright Debow Road, there will be no trucks permitted to go west to route 537 where the majority of that roadway is residential in nature and the character of that roadway is designed to have trucks go to Wright Debow Road and there were assumptions done on how the road is designed and approximately 75% of the traffic will be to and from Glory's for access to 195 and work west to 537 to access 195 and there is a signalized portion of truck traffic oriented to 195. M r. Peters asked what happens when 75% of this hits the Glory's intersection, are there conditions there that should be implemented. M r. Kennel stated as far as the county is considered there is nothing that has been accessed, there was comment to re-do that intersection and that is suited for improvement, and it's part of the Jackson Woods application and this site would be adding in the morning peak hour 25 to 28 trucks and 30 in the afternoon peak hours. M r. Peters advised the concern the Board has is a truck every 2 minutes during peak hour, and there is question if the Board asks the applicant or the county if there is a need for an improvement at that intersection. M r. Kennel stated that becomes an offsite condition and this is subject to Ocean County review and that intersection will have to be analyzed. M r. Peters hoped at some pint there would be a response from the county that says what will be going on, and it's not insignificant and it deserves some response from the applicant or the county. M r. Alfieri