variance. M r. MacFarlane said they are proposing 26ft from the property line to the refuse enclosure, and it is partially in the 35ft buffer that is required. M r. Silecchia asked why they are using 35ft as the buffer. M r. Silecchia read the ordinance states 244-133- 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 land forms sufficient to visually screen the nonresidential use'. M r. Silecchia said the NC zone is 20ft and this should be added to the 35ft, making the requirement a 55ft buffer. M r. MacFarlane said he does not believe that this has been the interpretation of the ordinance by the applicant's professionals or the Board Prof. M s. Tumolo said the key word is 'increased by' 35ft and not increased to. M r. M artins agreed with M r. Silecchia's interpretation. Ashton Jones, agreed with the Board members interpretation. M r. Alfieri said the planner will go over the variance, whether it is 35 or 55ft, they still have to justify it. M r. Intindola, asked for the final parking space count. M r. MacFarlane said it is 93 parking spaces total with ev credit, there are 83 spaces and 10 with ev. M r. Heiman said he is looking at the previously submitted plan and it says 83 and 93, he does not think it is accurate, but on the new plan he agrees there are 83. M r. Jones confirmed there are 83 total spaces include the ev's and they get a 2 for 1 credit for the ev to bring them to the total of 93. M s. Hill questioned the addition of the loading zone and that they are requesting waiver for the area. M r. MacFarlane agreed. M r. M acFarlane said they do not anticipate anything larger than Fedex/single use trucks for deliveries. M r. Heiman asked about the concrete sidewalk close to the handicap spaces, and asked about the last handicap spot and it appears to be smaller. M r. MacFarlane said it is a 6ft wide island, the ordinance requires 10ft, they are asking for a waiver for that. The spot is so they can maintain the required parking on site. M r. MacFarlane said he believes the waiver is so small he does not believe it has any impact on the functionality of the project. M r. Silecchia questioned taking 40% of what is required as being diminimus. M r. M acFarlane said it is an island, not a walkway. M r. Alfieri said the intent of the island is for separation and landscaping. M r. M acFarlane said they can eliminate the smaller island and just stripe the area, and that would comply with the ordinance. They believe the slimmer island is better. M r. MacFarlane said a fire truck can get around all four corners, there are 24ft drive aisles. M r. Tremer asked where the ev parking is located. Ev parking spaces are in a corner, as farm from the building as they can, except for the handicap ev spot. M s. Rosal supports the 6ft island vs just the striping to meet the ordinance.
Bob Selzam, resident 166 Toms River Rd, duly sworn by Bd Attorney. Mr. Selzam is concerned with the porous concrete and compared it with asphalt treatment issue in another town. He is questioning if there is maintenance required and who is responsible for maintaining it. Mr. Alfieri said the owner is responsible for maintenance on site and
M ordecai Hirsch, the applicant, duly sworn by Board Attorney. M r. Hirsch spent time with members of the public and residents in the area. He said in addition to modifications and concessions made to the site, he is proposing to extend the sidewalk 1000' linear ft to connect to M onarch Ct. He feels this will address pedestrian safety. M s. Cipriani asked if that is on the applicant's property. M r. Hirsch said none of it is, he is offering this. M s. Ciprian said the offer is subject to getting approval from Ocean County since it is a county road. M r. Alfieri said it would be a condition of approval and they would work with Board Prof and Ocean County for design features. M r. Hirsch said it is his understanding it is in the right of way and he has spoken to Ocean County roads dept and they advised him they welcome developers