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Art Bernard- managing member of Art Bernard associates, licensed planner in NJ with over 45 years in land use planning and affordable housing and developed and supervised the council on affordable housing and wrote all the regulations in effect today and since leaving in 94' served 27 municipalities as a planner and served as a special master in court, and has been before the Board of adjustment- credentials accepted- sworn- Mr. Bernard stated the Township Ordinance was reviewed and tonight the use is permitted and the set aside is set by ordinance and in sure of how many applications have been before this Board as far as affordable housing, and the eastside is what would be set aside for low to moderate households and they are deed restricted to remain occupied by low income occupants and usually it's for 30 years, and there are multiple sets of specials needs and most deal with the mentally disabled and these are people who can still function without much medical assistance but need food and transportation and some residents may be able to live more independently, and there is a process in place to select people to live in affordable units, and for people with other disabilities the process would be similar to someone who didn't have disabilities and that would be a marketing effort and after the advertising there would be an application process and there would be the responsibility to make sure the advertising is done correctly and that the application was reviewed correctly and there is also the responsibility to make sure they stay deed restricted.

Mr. Bernard stated there is a process where units are advertised and a qualified person who works for the municipality who is an administrative agent will oversee the applications, and there is a deed restriction in place over time and the units will have access to an elevator and they will be accessible and adaptable for someone wheelchair bound to get around these units and one thing that was asked to discuss is to recognize the Town has an court ordered affordable housing plan and that is through 2025 which goes to 2035, and there will be another housing obligation, and the Zoning Board was told when a site is found suitable it's good planning to incorporate the affordable housing, and the Governing Body was wise to incorporate affordable housing and it was asked about the credits, and there are limits to the number of special needs units for credit, and there is guidance that 50% have to be affordable to include families and children and 50% don't have to be, and it was felt that developers needed incentive to build on higher densities, and the incentive was to get an extra credit, and municipalities can get 2 credits per 1 unit and sometimes with special needs it's 2 credits per 1 bedroom and if the bonus credit was not available any longer it would effect a large number of affordable housing plans and it's popular with towns that with the extra credit a housing obligation can be done with fewer housing sites. Mr. Gertner asked since it's recognized that the municipality has made a choice through the ordinance that there is a 10% set aside not 20%. Mr. Bernard advised that was correct. Mr. Gertner asked if that because the differential that the normal 20% vs the 10% is because there will be special needs and or rental credits. Mr. Bernard advised he was not sure what the thinking was however the 10% set aside is consistent with the regulations because the normal density for rental housing is 10 units per acre and here it's 4, and there is also language that speaks to the sizing and the scale based on density and the 10% set aside makes sense here. Mr. Gertner asked if it's sufficient based on the plan presented to the Board. Mr. Bernard said yes and stated it's what's the governing body decided. Mr. Gertner mentioned there has been original representation that the special needs units would be dedicated to MS patients and there has been testimony indicating why that narrow population cannot be focused upon, can there be specifics to the fundamental reason why special needs is defined and why the applicant is driven to change what was envisioned. Mr. Bernard mentioned that 20 years ago there was a project where a nonprofit was funding special needs units through the Governing Body to reserve or give priority to a segment of the special needs population with another disease not MS however the principal need is to reach a broader base of low income housing and there can be agreement or priority, and these units should be marketed including MS residents, and how the mechanics of that work can be dealt with down the road. Mr. Gertner asked based on experience there is no objection to create to the administrative agent on a priority scale to the availability of funding and residents. Mr. Alfieri advised the problem is who would provide that scale however it can be agreed to have a separate developers agreement relating to the affordable housing element. Mr. Gertner stated the Board recognizes that reality is on the ground dictate that the administrative agent addresses how the regulations will be once the affordables are developed and the set aside for special needs residents can be worked down because the goal of the Board and the applicant is to maximize the number of credits from this development subject to the Governing Body there be a 10% set aside. Mr. Alfieri agreed the goal is double credits. Mr. Wall noted for this applicant and others the Governing Body passed by resolution the administrative agent of Jackson twp.

John Rea- professional engineer, licensed in the state of New Jersey. And will be testifying on parking issues- credentials accepted- sworn- M r. Alfieri asked Mr. Rea is his office prepared the traffic impact analysis. Mr. Rea advised his office also prepared phase 1 and 2. Mr. Alfieri asked what was done to generate the report. Mr. Rea stated the analysis went back to the summer counts that were done in 2018 which were done pre COVID and since there were counts collected in 2019 and 2020 and 2018 was the highest, they were the counts used as a basis for the traffic study and the 2018 traffic volumes were expanded after reviewing the NJDOT and it can be assumed the traffic levels will go back to the pre COVID levels and the NJDOT growth rates were added to the counts and it was done through 2030 and the projections were done to 2030 and the primary focus was those that of traffic coming in and out, and Exhibit A-6 shows the 2 accesses and 1 jug handle is to the east of six flags and the jug handle was analyzed and improvements have already been started and the jug handle has been expanded, widened and lengthened and it's the jug handle that takes traffic and reverses it back to the east and its wide enough for a 3 lane approach and ultimately there will be a double left turn lane and one through lane which will provide access into phase 3. Mr. Rea stated in addition to that improvement which was done there will be improvements on the Southside and these have been discussed with M onmouth and Ocean County and part of the improvements have been done and with respect to the internal, there are 1,279 parking spaces in the residential units and in phase 3 1,236 spaces are provided and the 48 special needs apartments have been calculated at 1.8 parking spaces per unit and realistically the special needs apartments shouldn't generate more than 1 space per unit and that provides over 40 spaces that won't be needed for the special needs units and for the commercial space there are 374 required for the 74,000SF approximate space, and residential parking peaks between 10 p.m. and 6 a.m. and the commercial will generate very little parking after 10 p.m. and the office and retail will use the parking and when the office is closed and the retail is closed and when the residential parking peaks the 374 space will be available after 10 p.m. Mr. Gertner asked how much of that commercial space is oriented to the retail commercial and how much is office. Mr. Rea advised it's a 50; 50 split however that is not yet determined since there are no tenants however looking at the units to the front would be retail and they generally like more visibility. Mr. Gertner asked if it's 70; 30 will the parking change. Mr. Rea advised it wouldn't the requirement is the same for office and retail. Mr. Klee stated the commercial and retail are equivalent, and the architect exhibit where there is restaurant how does that tie in. Mr. Rea stated there is always the assumption that there is some percentage of the retail, and they do generate more parking and some retail can be assumed it will be food. Dr. Campbell noted there will be some people with 2 cars. Mr. Rea stated it is possible but un likely and there could be people with no vehicles and it would be assumed 1 vehicle per household, and if there is a split between uses there will be restaurant and offices and the offices are usually shut down in the afternoon when the restaurants get busy, and the spaces will be constructed and the shared parking and the parking demands are taken into consideration. Mr. Wall mentioned that depending on the level of medical need and there is a big call for high level need there will be nursing staff and other assistance related needs, the care giving staff. Mr. Rea stated there would be a parking