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REMINGTON & VERNICK ENGINEERS

AN ✓ARDURRA COMPANY

September 10, 2026

9 Allen Street Toms River, NJ 08753 O: (732) 286-9220 F: (732) 505-8416

Ms. Dawn D'Agostino, Zoning Board Clerk Jackson Township Zoning Board 95 West Veterans Highway Jackson Township, New Jersey 08527

Re: Preliminary & Final Major Site Plan Application #960 Use Variance Application #3555 / Escrow #Z32667 – Technical Review #3 Applicant: Butterfly Corner, LLC Location: East Veterans Highway (C.R. 528) & Butterfly Road Zone: R-1 - Residential Zone Block 15401, Lots 31 & 32 Our File: 1512-Z-559

Dear Ms. D'Agostino & Zoning Board Members:

REMINGTON & VERNICK ENGINEERS has received the above captioned Application for review. The Applicant seeks Preliminary & Final Major Site Plan and a ‘d-3’ Conditional Use Variance to construct an 18,600 sf - 2 story professional office building with 8 suites in the R-1 – Residential Zoning District.

The subject parcel is located at the intersection of East Veterans Highway (C.R. 528) and Butterfly Road, identified as Block 15401, Lots 31 & 32, within the R-1 – Residential Zone. The overall tract is 2.08 acres, Lot 31 is currently developed with an existing 11/2 story single-family dwelling with a covered porch, a shed, a gravel driveway, paver walkway, and fencing. Lot 32 is currently developed with an existing 1 story single-family dwelling with a covered front porch and a rear deck, 2 sheds, a gravel driveway, a paver walkway, a well, and fencing.

The proposed site improvements include 84 curbed and paved parking spaces (including 4 accessible spaces and 10 EV ready spaces), sidewalk, a refuse enclosure, a retaining wall, landscaping, lighting, and stormwater management. The Applicant proposes to service the site with public water and public sanitary sewer. Access to the site is byway of a right in and right out access drive along East Veterans Highway (C.R. 528) and a full access driveway along Butterfly Road. All existing improvements are proposed to be removed.

Improvements are proposed along East Veterans Highway (C.R.528) and Butterfly Road to include right-of-way dedications, an increase in the cartway width, sidewalk, and curbing.

This report consists of our review of the Subject Application for conformance with the Jackson Township Land Use and Development Regulations Ordinance (Chapter 244) and is limited to engineering and planning issues. Legal issues shall be deferred to the Board Solicitor.

Comments are limited to the information presented to date. Applicant may present additional information and testimony at the Board hearing.

rve.com

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I. OWNER & APPLICANT INFORMATION

Applicant/Owner

Butterfly Corner, LLC c/o Mordechai Hirsch P.O. Box 1134 Jackson, NJ 08527 718-551-1134

II. SUBMITTALS

Title / DescriptionPrepared / Signed / Sealed ByDateDate Last Revised
Letter of TransmittalDawn D’Agostino Zoning Board Clerk5/6/2026
Certificate of Zoning PermitGina Tumolo Zoning Officer4/30/2026
200 ft Certified Property Owners ListPeter Maher, CTA Tax Assessor4/28/2026
Land Development ApplicationApplicant/OwnerUndated
Land Development ChecklistUndated
Escrow Account, W-9 Form, & Fees4/30/2026
Letter of Consent3/19/2026
Variance Application3/19/2026
Statement of Operations4/20/20266/30/2026
Escrow Agreement3/20/2026
Certification By Owner/Applicant3/19/2026
Consent of Owners Form3/19/2026
Right of Entry Consent Form3/19/2026
Corporate Disclosure Form3/20/2026
Land Use Disclosure StatementUndated
Proof of Taxes Paid for Lot 314/20/2026
Proof of Taxes Paid for Lot 324/20/2026
Deed of Ownership for Lot 316/24/2019
Deed of Ownership for Lot 327/30/2019
Land Use Disclosure StatementSalvatore Alfieri, Esq. Cleary Giacobbe Alfieri Jacobs, LLCUndated

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Title / DescriptionPrepared / Signed / Sealed ByDateDate Last Revised
Submission Letter to the NJDEP for a Letter of Interpretation Absence / Presence DeterminationIan Borden, P.P. Professional Design Services, LLC4/28/2026
Submission Letter to the Ocean County Planning Board for approval4/14/2026
Submission Letter to the Ocean County Health Department for approval4/14/2026
Submission Letter to the Ocean County Soil Conservation District for approval4/14/2026
Submission Letter to the Jackson Township MUA for approval4/14/2026
Submission Letter to the Jackson Bureau of Fire Safety #2 for approval4/14/2026
Submission Letter to the Jackson Township Environmental Commission for approval4/14/2026
Submission Letter & Tree Removal Permit Application to the Jackson Township Forester for approval4/14/2026
Submission Letter to the Jackson Township Police Department for approval4/14/2026
Letter of Submission8/28/2026
Letter of Submission6/15/2026
Letter of Transmittal5/5/2026
Letter of Transmittal4/28/2026
Letter of Submission4/22/2026
Letter of Submission4/14/2026
Environmental Impact Statement4/6/2026
Land Use Disclosure StatementGraham Macfarlane, P.E. Professional Design Services, LLCUndated
Preliminary & Final Site Plan for Block 15401, Lots 31 & 32, Township of Jackson, Ocean County, New Jersey consisting of 25 sheets1/8/20268/27/2026
County Road Plans consisting of 9 sheets1/7/2026
Stormwater Management Report12/31/20258/26/2026

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Title / DescriptionPrepared / Signed / Sealed ByDateDate Last Revised
Boundary & Partial Topography Survey for Block 15401, Lots 31 & 32Christopher Bouffard, P.L.S. Newlines Land Consultants, LLC6/12/2019
Boundary & Partial Topography Survey for Block 15401, Lots 30, 31 & 32 not signed or sealed6/12/2019
Land Use Disclosure StatementLawrence Schreiber, R.A. B+F DesignUndated
Architectural Schematic, Floor Plans & Elevations consisting of 3 sheets6/8/2026
Exterior Renderings consisting of 3 sheetsH.H. DesignersUndated
Traffic Impact AnalysisScott T. Kennel John H. Rea, P.E. McDonough & Rea3/27/2026
Approval Letter with ExceptionsScott Rauch Fire Official5/15/2026
Traffic Engineering Review LetterBrian Intindola, P.E. Zoning Board Traffic Engineer8/31/2026

III. ZONING

A. Use

  1. The subject property is located in the R-1 – Residential Zone District §244-47.
  2. The Applicant seeks Preliminary & Final Major Site Plan and a ‘d-3’ Conditional Use Variance to construct an 18,600 sf - 2 story professional office building with 8 suites in the R-1 - Residential Zoning District.
  3. Per §244-47A-C a professional office is not a permitted principal, accessory, or conditional use.
  4. Per §244-133 professional offices may be permitted as conditional uses in all non-Pinelands residential zoning districts subject to the following conditions:
  5. Per §244-133A(1) the property must have frontage along County Route 528. The Applicant complies with this condition.
  6. Per §244-133B the bulk regulations as specified in the NC Zoning District shall apply with the following exceptions:
  7. Per §244-133B(1) Minimum lot size: 30,000 sf. The Applicant complies with this condition.
  8. Per §244-133B(2) The building or parking setback from any property line common to a lot which is residentially zoned shall be increased by a thirty-five-foot buffer area containing plantings, fencing and landforms sufficient to visually screen the nonresidential use. The Applicant proposes a 15 ft buffer, which does not comply with this condition. The Applicant has requested a ‘d-3’ conditional use variance.
  9. The 2025 Master Plan, Chapter 3, Land Use Recommendations for Rezoning Recommendations for General Recommendations on page 62 under Neighborhood Commercial Centers indicates

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“given the goal to provide additional opportunities for residents of areas with limited access to neighborhood commercial amenities, it is recommended that the Township examine intersections in the single-family residential districts in the central and western areas of Jackson for appropriate locations for neighborhood commercial uses and possible re-zoning. The following intersections provide a starting point but are not exhaustive for possible intersections.” The intersection of East Veterans Highway and Butterfly Road are listed.

B. Area & Bulk Standards

NC – Neighborhood Commercial Zoning District §244-56D:

ITEMREQUIREDPROVIDEDSTATUS
Lot Requirements
Min. Lot Area(1)25,000 sf76,200 sf(2)Conforms
Min. Lot Width150 ft212.6 ftConforms
Min. Lot Frontage (E. Veterans Highway)150 ft±200 ftConforms
Min. Lot Frontage (Butterfly Road)150 ft±342 ftConforms
Min. Lot Depth150 ft371 ftConforms
Max. Building Height35 ft28 ftConforms
Max Building Coverage25%12.2%Conforms
Max Lot Coverage60%63% (V)(3)(6)Variance
Principal Building
Min. Front Yard Setback (E. Veterans Highway)60 ft124.2 ftConforms
Min. Front Yard Setback (Butterfly Road)60 ft85 ftConforms
Min. Side Yard Setback20 ft>20 ftConforms
Parking Area Setbacks
From Right-of-Way20 ft±10 ft (V)(4)(6)Variance
From Residential20 ft±15 ft (V)(5)(6)Variance
From Non-Residential10 ftN/AN/A
Parking Requirement
Office (18,600 sf) 1 space/200 sf of gfa18,600 sf/200 sf = 93 parking spaces84 parking spaces + 10 EV credited spaces = 94 parking spacesConforms
Accessible Parking4 spaces4 spacesConforms
  1. Per §244-133B(1) the required minimum lot size for the professional office conditional use is 30,000 sf. The site complies with this requirement.
  2. The Applicant shall provide calculations to confirm the proposed lot area.
  3. Per §244-56D the maximum lot coverage permitted is 60%, whereas 63% is proposed.
  4. Per §244-56D the minimum parking setback from the right-of-way is 20 ft, whereas approximately 10 ft is proposed from the Butterfly Road right-of-way.

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  1. Per §244-56D the minimum parking setback from a residential use is 20 ft, whereas approximately 15 ft is proposed.
  2. Per §244-133B the bulk regulations as specified in the NC Zoning District shall apply, whereas the Applicant does not meet this conditional use requirement for maximum lot coverage, minimum parking setback from a right-of-way, and minimum parking setback from a residential use.

IV. REVIEW COMMENTS

A. Items to be Discussed with the Board

  1. Per §244-47A-C a professional office is not a permitted principal, accessory, or conditional use, however per §244-133 professional offices may be permitted as conditional uses in all non-Pinelands residential zoning districts with conditions. The Applicant has not met all the required conditions of the conditional use and therefore requests ‘d-3’ variance relief. Testimony shall be provided to discuss the conditional use with regards to the type of offices anticipated. The testimony shall include a discussion with regards to the conditional use requirements.
  2. The applicant should address the impact of the application on the following:
  3. Compatibility of the proposed use with surrounding uses; and
  4. Mitigating factors for the use variance.
  5. The applicant should address the following items for the Board to be able to evaluate the impact of the proposed application on the neighboring properties and the Township:
  6. That the use will not injure or detract from the use of neighboring property.
  7. That the use will not detract from the character of the neighborhood.
  8. That the use of property adjacent to the area included in the plan is adequately safeguarded.
  9. That the property is suitable for the intended use.
  10. That the use will serve the best interests of the Township.
  11. That the use will not adversely affect public sewers and facilities such as water, sewer, police, and fire protection.
  12. That the use will not adversely affect the drainage facilities in the adjacent neighborhood.
  13. That the use will not adversely affect the safe flow of highway traffic and that adequate roadway access is provided to protect roadways from undue congestion and hazards.
  14. The Applicant should be prepared to discuss surrounding land uses in relation to the property in question and anticipated impacts as a result of the proposed development.
  15. The Applicant shall provide testimony to discuss the site development history of the site and the various approvals and relief granted.
  16. The Applicant shall provide testimony to discuss the proposed operations for the office building in sufficient detail to indicate the effects of the use in producing traffic congestion, noise, glare, air pollution, fire hazards or safety hazard, the number of vehicles to be stored or parked on the

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site and provisions to be made for site maintenance.

B. Architectural Considerations

  1. Per §244-156B the height limitations created hereunder shall not apply to spires, belfries, cupolas, or domes not used for human occupancy or to parapets, walls or cornices extending not more than four feet above the building height limit, whereas the roof height of the building is 28 ft and the parapet height of the building is 36.33 ft which exceeds the permitted 4 ft. The Applicant shall provide testimony to discuss the roof and parapet heights proposed. The plans shall be revised, or the Applicant shall request a waiver.
  2. The Applicant shall provide testimony to discuss the number of tenants anticipated for the 2-story building.
  3. The Applicant shall provide testimony to discuss the exterior finishes of the building and how they are consistent and compatible with the development of the surrounding area.
  4. Our office recommends that solar be incorporated into the building/site design.

C. Signage

  1. Per §244-207B(7)(a) each principal nonresidential building may have one wall sign not to exceed 15% of the principal facade area or 80 square feet, whichever is smaller. The architectural plan depicts a wall sign on sheet Z-1. Details of the wall sign should be provided to determine compliance.
  2. The Applicant shall provide testimony to verify that no freestanding/monument signage is proposed.

D. Traffic Circulation and Parking

  1. The Applicant shall provide testimony to discuss any proposed roadway improvements within the East Veterans Highway right-of-way and the timing of the improvements.
  2. The Applicant shall provide testimony to discuss any proposed roadway improvements within the Butterfly Road right-of-way and the timing of the improvements.
  3. The Applicant shall provide testimony to discuss the potential traffic impacts as a result of the proposed development.
  4. The circulation of the fire truck appears to be tight. Testimony shall be provided to discuss the fire truck circulation.
  5. Per §244-196A for every building, structure or part thereof having over 10,000 square feet of gross floor area erected and occupied for any use other than residential, there shall be provided at least one truck standing, loading, and unloading space on the premises, not less than 12 feet in width, 35 feet in length and with a minimum vertical clearance of 14 feet. Buildings that contain an excess of 15,000 square feet of gross floor area shall be required to provide additional off-street loading spaces as determined by the municipal agency during site plan review, whereas the Applicant proposes an 18,600 sf building and no loading and unloading space is proposed. The Applicant shall provide testimony to discuss the need for a loading and unloading space. The Applicant shall discuss the size truck anticipate for deliveries and where the truck will be stopped during deliveries.
  6. Per §244-197J(2)(a)[2][a] all entrance drives shall extend a minimum distance of 100 feet back from the street right-of-way or to a parking access aisle or major circulation drive, whereas

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approximately 15 ft is provided from East Veterans Highway to the major circulation aisle. The Applicant has requested a waiver.

  1. Per §244-197J(2)(a)[2][b] all exit drives shall extend a minimum distance of 60 feet back from the street curb or to a parking access aisle or major circulation drive, whereas approximately 35 ft is provided from Butterfly Road. The Applicant has requested a waiver.
  2. Per §244-197J(2)(a)[2][c] no parking stalls shall utilize the required entrance and exit drives or major circulation drives as parking access aisles, whereas the parking accesses the main circulation drive. The Applicant has requested a waiver.
  3. Per §244-197D(2) parking areas for 25 or more cars and access drives for all parking areas on major or minor arterials shall provide curbed return radii of not less than 15 feet for all right-turn movements, whereas less is provided. The plans should be revised, or the Applicant shall request a waiver.
  4. Testimony shall be provided to discuss pedestrian and accessible circulation.
  5. A detail shall be provided for the EV Ready spaces.
  6. Our office defers all fire prevention and fire safety issues to the Township Fire Official.

E. Grading \& Drainage

  1. There are 2 contours within the right-of-way of East Veterans Highway that are not tied into existing contours. Revise accordingly.
  2. The NJDEP requires Major Developments, which are defined as developments that disturb one (1) or more acres of land or creates one quarter (0.25) acres of new impervious surface, to comply with the Stormwater Management Rules. The proposed development appears to disturb approximately 1.88 acres of land. It also appears to propose more than one quarter (0.25) acres of new impervious surface. Therefore, this project is required to comply with the State Stormwater Management Rules outlined in NJAC 7:8.
  3. The Storm Drainage Plan proposes an MTD but does not specify what kind. The applicant shall provide a detail of the proposed MTD and verify it is on the NJDEP list of approved Green Infrastructure MTDs.
  4. Calculations utilizing the 2-, 10-, and 100-year future adjustment factors outlined in Table 5-6 of NJAC 7:8-5.7 were not provided for the pre-development condition. Per NJAC 7:8-5.6(b)3, calculations shall be provided to demonstrate the post-construction peak runoff rates for both the current and future 2-, 10-, and 100-year design storms are reduced by 50%, 75%, and 80%, respectively.
  5. The drainage areas used in the routing calculations do not coincide with the drainage areas shown in the Post Development Drainage Area Map. The Post Development Drainage Area Map indicates the drainage area of SSIB #1 is 0.74 acres but is 0.81 acres in the routing calculations. Additionally, the Post Development Drainage Area Map indicates the drainage area of Underground Retention #2 is 0.54 acres but is 0.45 acres in the routing calculations. Please revise.
  6. Per the NJDEP Best Management Practice (BMP) Manual Chapter 12 Subsection 2a, additional soil testing may be required within the area of the proposed subsurface small-scale infiltration basins Underground SSIB and UG SSIB #2. Please provide testimony.

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  1. The Groundwater Mounding Analyses do not utilize the time to drain calculated in the Stormwater Management Report. The applicant shall clarify.
  2. It appears there is existing stormwater infrastructure within East Veterans Highway that is not shown on the Storm Drainage Plan (sheet 5). The applicant shall verify the existing stormwater infrastructure. If the proposed stormwater management system is to connect to the existing system, the applicant will need to verify the existing stormwater management system is properly sized to manage the increased runoff from the proposed improvements.
  3. The Storm Sewer Tabulation does not appear to coincide with the proposed stormwater management system. An updated Storm Sewer Tabulation shall be provided to verify the capacity of the proposed storm drainage pipes.
  4. The Outlet Structures Details in the Construction Details (sheet 12) are inconsistent with the Storm Drainage Plan (sheet 5) and the routing calculations in the Stormwater Management Report.
  5. The manhole rim elevation for Outlet Structure #1 is at elevation 98.28 in the “Storm Drainage Outlet Structure #1” Detail on Sheet 12 but is at elevation 98.65 on Sheet 5. The invert elevation of the 15” HDPE outlet pipe is at elevation 92.30 in the detail’s section view, at elevation 92.50 in the detail’s plan view, and at elevation 92.30 on Sheet 5. The plan view is missing section view lines.
  6. The detail for the outlet structure for UG SSIB#2 is labelled “Storm Drainage Outlet Structure #2” on Sheet 12 but is labelled OS #3 on Sheet 5. The manhole rim elevation for this structure is at elevation 99.75 in the detail on Sheet 12 but is at elevation 99.42 on Sheet 5. The invert elevation of the 15” HDPE outlet pipe is at elevation 92.30 in the detail’s section view, at elevation 96.00 in the detail’s plan view, at elevation 96.00 in the routing calculations, and at elevation 93.40 on Sheet 5. The plan view is missing section view lines.
  7. The detail for the outlet structure for SSIB #1 is labelled “Outlet Structure #3” on Sheet 12 but is labelled OS #2 on Sheet 5.
  8. The “Typical Ret/Det Cross Section Detail” has inconsistencies that must be addressed. The overall width of the subsurface infiltration basin is indicated as 41.39 feet but are approximately 21 feet on Sheet 5 for both basins. The detail indicates the overall height of the subsurface infiltration basins to be 4 feet (48 inches) but also indicates the top and bottom of stone elevations for both basins as 95.33 and 92.00 (3.33 feet) for UG #1 and 96.50 and 93.50 (3 feet) for UG #2, respectively. The routing calculations indicate both underground basins have an overall height of 3.33 feet. The applicant shall provide a consistent detail for the proposed subsurface infiltration basins.
  9. There are two inlets labelled “Inlet #C1” on the Storm Drainage Plan (sheet 5). All inlets should have unique labels.
  10. The peak water surface elevations (WSEL) should be provided on Storm Drainage Plan.
  11. An Operations & Maintenance Manual shall be provided that meet the maintenance requirements outlined in NJAC 7:8-5.8 as well as the maintenance guidelines in the chapters of the NJDEP BMP Manual that coincide with the proposed BMPs.
  12. The Applicant shall verify with the Township the need for a perimeter fence around the proposed small-scale infiltration basin for safety purposes.

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F. Lighting

  1. Per §244-197J(1)(f) lighting is required for all parking lots and shall provide a minimum lighting level of 0.5 footcandles throughout the parking area and access drives, whereas less is provided at the Butterfly Road entrance drive. The plan shall be revised, or the Applicant shall request a waiver.
  2. Per §244-197J(1)(f) shielding shall be required where necessary to prevent light trespass glare upon adjacent properties or streets. The Applicant shall provide cut-off shields to prevent the light spillage onto adjacent properties and within the right-of-way. Testimony shall be provided to discuss the light spillage on adjacent properties and within the right-of-way.

G. Landscape Design

  1. Per §244-133B(2) The building or parking setback from any property line common to a lot which is residentially zoned shall be increased by a thirty-five-foot buffer area containing plantings, fencing and landforms sufficient to visually screen the nonresidential use. The required side yard setback per §244-56D is 20 ft, therefore the required buffer width is 55 ft, whereas the Applicant is proposing 15 ft. The Applicant is requesting a ‘d-3’ variance. The Applicant shall provide testimony to discuss the adequacy of the buffer width and plantings proposed to provide a solid screen for the adjacent residential properties.
  2. Per §244-193B(1)(b) buffer areas are required along all side and rear property lines which are zoned for residential use. The width of the buffer is based on the size of the proposed building. The 18,600 sf building requires a buffer width of 25 feet. The R-1 residential zone is along the side property lines. The Applicant is proposing a 15 ft buffer area. The Applicant has requested a waiver.
  3. Per §244-193B(1)(b) buffer areas are required along front property lines on local, minor collector and major collector streets which abut areas zoned for residential use. The 18,600 sf building requires a buffer width of 25 feet. The R-1 residential zone is located directly across from the site along Butterfly Road. The Applicant is proposing a buffer width of approximately 10 ft. The Applicant has requested a waiver. Testimony shall be provided to discuss the adequacy of the buffer provided.
  4. Per §244-193B(1)(b) buffer areas are required along front property lines on local, minor collector and major collector streets which abut areas zoned for residential use. The 18,600 sf building requires a buffer width of 25 feet. The R-1 residential zone is located directly across from the site along East Veterans Highway. The minimum width proposed is approximately 15 ft. The planting width proposed is approximately 5 ft. The Applicant has requested a waiver. Testimony shall be provided to discuss the adequacy of the buffer provided.
  5. Per §244-193C(2) the screening area shall be a minimum of 20 feet in width and shall be planted with evergreen trees approved by the municipal agency. Trees shall be planted in two staggered rows eight feet apart and shall be between five feet and six feet in height and shall conform to the current American Standard for Nursery Stock sponsored by the American Association of Nurserymen, Inc. Within each row, the trees shall be planted on six-foot centers. The Applicant is proposing a single row of deciduous trees and shrubs spaced 10 ft apart and existing woods along the northerly property line; a single row of 8 ft wide evergreens spaced 10 ft apart, deciduous shrubs, and existing woods along the easterly property line; a single row of evergreen shrubs along Butterfly Road; and a single row of deciduous trees and evergreen shrubs along East Veterans Highway. The Applicant has requested a waiver.

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  1. There are 10 Ar shown in the planting schedule, whereas 8 Ar are shown on the plan. Revise accordingly.
  2. The Applicant should provide testimony regarding the irrigation of the proposed landscaping. If irrigation is proposed, the Applicant should note that irrigation will be designed by a NJDEP-Certified irrigation contractor.
  3. A Landscape & Tree Save Plan shall be reviewed and approved by the Jackson Township Tree Specialist
  4. All tree removal shall be in accordance with Chapter 405 of the Township of Jackson Ordinance.

H. Utilities

  1. The Applicant is proposing to service the site with public water by tying into the water main within Butterfly Road.
  2. The Applicant is proposing to service the site with public sanitary sewer byway of a sewer main extension to extend from a proposed sanitary manhole within Butterfly Road in a southwesterly direction across East Veterans Highway within Grand Boulevard to an existing manhole at the intersection of Royal Grove Drive.
  3. The Applicant shall provide a brief overview of the proposed water and sewer design and detail ownership responsibilities.
  4. The Applicant is required to obtain approvals from the Jackson Township Municipal Utilities Authority and the NJDEP.
  5. The Applicant will require road opening permits to install the utility connections and the sewer main extension within Butterfly Road and Grand Boulevard.
  6. Any existing septic systems and potable wells shall be abandoned in accordance with the requirements of the Ocean County Health Department. The demolition plan shall be labeled accordingly.

I. Storage of Solid Waste & Recyclable Materials

  1. The Applicant shall provide testimony to discuss the adequacy of the proposed refuse enclosure to service the proposed site.
  2. The Applicant shall provide testimony to discuss where solid waste and recyclables will be stored.
  3. The Applicant shall provide testimony as to the frequency the refuse will be removed from the site.

J. Miscellaneous Comments

  1. The Applicant appears to be proposing to consolidate the lots. Testimony shall be provided. The Applicant shall provide a lot consolidation plan or a lot consolidation deed and legal description.
  2. The Applicant shall provide a letter from the tax assessor confirming the new lot number.
  3. The site plan shall label the new lot and include the proposed lot area.

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  1. The site plan shall clearly label the areas of right-of-way to be dedicated including whom they are dedicated to and the area of dedication.
  2. The Applicant shall provide a current survey. The survey provided dated June 12, 2019. The Applicant has requested a waiver.
  3. The Applicant shall provide testimony to discuss the air quality and noise both during construction and after the proposed development is operational due to the close proximity to the residential properties.
  4. The Applicant shall provide testimony to discuss the unavoidable impacts to the site as a result of the proposed development.
  5. The Applicant is required to obtain all local and outside agency approvals.
  6. A list of any variances and waivers granted shall be provided on the plans.
  7. Issues related to the Affordable Housing Non-Residential Development Fee are deferred to the Board Solicitor.
  8. Per 244-176.1G(1) office trailers may be used on a construction site as a construction office, subject to individual approval by the Planning Board or Zoning Board of Adjustment, and as individually approved by the Construction Official. Said office trailer may not be placed on the site prior to issuance of a building permit and must be removed at the owner's expense upon completion of the job. The Applicant shall provide testimony to discuss their intentions to place a temporary office trailer on-site.
  9. Testimony should be provided regarding the earthwork quantities for the site and compliance with Chapter 364 – Soil/Fill Importation.
  10. Ocean County Planning Board
  11. Ocean County Health Department
  12. Ocean Count Soil Conservation District
  13. NJDEP TWA
  14. Jackson Township MUA
  15. Jackson Township Bureau of Fire Prevention
  16. Jackson Township Environmental Commission
  17. Jackson Township Tree Removal Permit
  18. Jackson Township Bureau of Traffic Safety
  19. Jackson Township Recycling Coordinator

VI. VARIANCES & WAIVERS

  • The Applicant requests variance relief under N.J.S.A. 40:55D-70(d)(3) (commonly referred to as a “Conditional Use” variance) for a professional office in the R-1– Residential Zone where the conditions of §244-133 have not been met.
  • The Applicant requires variance relief under N.J.S.A. 40:55D-70(c); commonly referred to as a ‘c’ or ‘bulk’ variance, for the maximum lot coverage, minimum parking area setback from a right-of-

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way, and minimum parking area setback from a residential use.

  • Additional variance or waiver relief may be required pending Applicant's response to the issues identified in the body of this report.
  • In order for the Board to grant a ‘d-3’ variance, the Applicant has the burden of demonstrating “Special Reasons”; for granting the use variance (Positive Criteria). The Applicant should also demonstrate that the requested relief can be granted without detriment to the public good and will not impair the intent and purpose of the zone plan and zoning ordinance (Negative Criteria).
  • “Special Reasons,” the Applicant should demonstrate that the proposed use carries out the purposes of zoning as listed in 40:55D-2 of the Municipal Land Use Law or that the refusal to allow the project would impose an undue hardship on the Applicant. The Applicant must present support for the first test within a Statement of Reasons contending that the proposed use promotes the purpose of zoning. The Applicant shall provide a Statement of Reasons at the Zoning Board hearing. In lieu of the Statement of Reasons, the Applicant should provide a statement regarding the undue hardship which must relate to the land in question or unique conditions of the site.
  • With respect to the first portion of the Negative Criteria, the Applicant must demonstrate that the requested relief can be granted without substantial detriment to the public good. The Applicant must demonstrate that the proposed use will not have a negative impact on the adjacent properties, and that it will not cause such damage to the character of the neighborhood as to constitute “substantial detriment to the public good.” The Applicant shall provide testimony at the Zoning Board hearing.
  • In the second prong of the Negative Criteria, the Applicant must demonstrate that the requested relief will not impair the intent and purpose of the zone plan and zoning ordinance. Testimony should be provided as to why the proposal will not impair the intent and purpose of the R-1 Zone and the Borough Master Plan.
  • Both the Positive Criteria and Negative Criteria must be satisfied in order for the Board to grant ‘d’ variance relief. The granting of a ‘d’ variance requires five (5) affirmative votes.
  • In order for the Board to grant a ‘c’ variance, an Applicant needs only satisfy the Positive Criteria (although no variance may be granted which will be detrimental to the public good or the City’s Zone Plan). The granting of a ‘c’ variance requires the affirmative vote of a majority of the Board members present at the hearing.
  • Under N.J.S.A. 40:55D-2, the MLUL enumerates as its purposes:
  • To encourage municipal action to guide the appropriate use or development of all lands in this State, in a manner which will promote the public health, safety, morals, and general welfare;
  • To secure safety from fire, flood, panic, and other natural and man-made disasters;
  • To provide adequate light, air, and open space;
  • To ensure that the development of individual municipalities does not conflict with the development and general welfare of neighboring municipalities, the county, and the State as a whole;

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  • To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities and regions and preservation of the environment;
  • To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies;
  • To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial, and industrial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all NJ citizens;
  • To encourage the location and design of transportation routes, which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight;
  • To promote a desirable visual environment through creative development techniques and good civic design and arrangement;
  • To promote the conservation of historic sites and districts, open space, energy resources, and valuable natural resources in the State and to prevent urban sprawl and degradation of the environment through improper use of land;
  • To encourage planned unit developments which incorporate the best features of design and relate the type, design, and layout of residential, commercial, industrial, and recreational development to the particular site;
  • To encourage senior citizen community housing construction;
  • To encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land;
  • To promote utilization of renewable energy resources;
  • To promote the maximum practicable recovery and recycling of recyclable materials from municipal solid waste through the use of planning practices designed to incorporate the State Recycling Plan goals and to complement municipal recycling programs.

Variance Justification

Applicant has not provided justification for the approvals required. Applicant is asked to address these issues within the context of the requirements for variance relief detailed above.

Any resubmissions in response to this report should be accompanied by a point-by-point response to all items, with revisions on the plans clouded or highlighted to indicate changes. In order to facilitate the Board’s decision-making process, Applicants are strongly encouraged to resolve as many items as possible prior to the hearing on this matter.

As always, Board members, Applicants and their professionals should feel free to contact me if they have any questions or require additional information.

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God Bless America,

REMINGTON & VERNICK ENGINEERS

Ernest J. Peters, Jr., PE, PP, CME

Board Planner

MMG/EJP:mr

cc: Ms. Gina Tumolo – Zoning Officer

Ms. Jean Cipriani, Esq. – Zoning Board Attorney

Mr. Brian Intindola, P.E. – Zoning Board Traffic Consultant ( bintindola@negliagroup.com)

Butterfly Corner, LLC – Applicant (bmhpartners@gmail.com)

Mr. Salvatore Alfieri, Esq. - Applicant's Attorney ( salfieri@cgajlaw.com)

Mr. Graham Macfarlane, P.E. – Applicant's Engineer ( graham@pds-nj.com)

Mr. Ian M. Borden, P.P. – Applicant's Planner ( iborden@pds-nj.com)