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# MORGANMUNICIPAL engineering services *** Submitted Via E-Mail Only*** January 26, 2026 Ms. Dawn D'Agostino, Board Secretary (planningzoning@jacksontwpnj.net) Jackson Township Zoning Board of Adjustment 95 West Veterans Highway Jackson, New Jersey 08527 SP 687-2 Re: Time Extension Review Letter #1 Time Extension Review Letter #1 Morgan Municipal Project No. JKZB-Z31568 Escrow #: Z31568 Applicant: 330 Whitesville Road, LLC Application: Time Extension for P/F Site Plan Block(s)/Lot(s): 22301/1,2 Site Address: 330 Whitesville Road Zone: “RGC-1” (Regional Growth Commercial) Jackson Township, Ocean County, New Jersey Dear Ms. D'Agostino, Pursuant to your request, our office has reviewed the above-referenced application as it relates to the requested time extension in accordance with the provisions of the Township's Municipal Land Use & Development Regulations, and NJ M.L.U.L. ### A. COMPLETENESS The Applicant has submitted the following information: 1. Jackson Township Planning and Zoning Board Letter of Transmittal, prepared by Dawn D'Agostino, Zoning Board Clerk, dated 12/15/25; 2. Escrow Account Summary, dated 12/11/25; 3. Zoning Board Fee Schedule and Work Sheet, undated; 4. Township of Jackson Project Statement/ Balance Summary, dated 12/11/25; 5. Certificate of Zoning/ Development Permit, signed 12/10/25; 6. Letter of Consent Form, signed by 330 Whitesville Road LLC (Felix Bruselovsky), Property Owner, dated 12/01/25; 7. Escrow Agreement, signed by Felix Bruselovsky, Applicant and Property Owner, and Nicole Pancrazio, Notary Public of State of New Jersey, dated 08/11/22; 8. Letter of Transmittal for submission of fees, documents, and plans from Challoner & Associates, LLC to Jackson Township Zoning Board, signed by Sebastiano G. Pulvirenti, P.E., dated 12/03/25; 9. Proof of Taxes Paid through 10/24/25 for Lots 1 & 2; 10. Cover Letter for reason for time extension, prepared by Challoner & Associates, LLC, signed by Sebastiano G. Pulvirenti, P.E., dated 12/01/25; 11. Resolution #2024-01, granting preliminary and final site plan approval with use variance for modification of the previous approval for retail center and existing gas station with convenience store, adopted on May 17, 2023, and memorialized on January 3, 2024; 12. Amended Use Variance and Preliminary & Final Major Site Plan entitled, “Amended Use Variance and Preliminary & Final Major Site Plan for Jackson Center, Block 22301, Lots 1 and 2, Situated in Township of Jackson, Ocean County, New Jersey,” consisting of (18) sheets, prepared by Challoner & Associates, LLC, signed by Stuart Challoner, P.E., P.P., dated 03/30/07, last revised 06/11/25; ===== PAGE 2 ===== Re: Completeness Review Letter #1 Morgan Municipal Project No. JKZB-Z32003 Escrow #: Z32003 Applicant: Stephen Rivera/ Elite Wrestling, LLC Application: Use Variance Relief - Wrestling Training Facility Block(s)/Lot(s): 23202/31 Site Address: 1435 Toms River Road Zone: "RD-1" (Rural Development) Jackson Township, Ocean County, New Jersey The current application seeks a time extension of the previously granted preliminary and final site plan approval. This application has been submitted as a request for a Time Extension in accordance with the application documents. Upon review of the submitted materials, our office agrees with the requested application type. Based upon our review of the submitted application documents compared to the 2016 Jackson Township Land Development Checklist, we recommend that this application be deemed TECHNICALLY COMPLETE subject to the Applicant paying all applicable fees and complying with all applicable notification requirements as set forth in the Municipal Ordinance and the Municipal Land Use Law. Applicant to contact Zoning Board Secretary, Dawn D'Agostino planningzoning@jacksontwpnj.net, to be placed on the next available hearing date. ### B. PROJECT SUMMARY The subject property consists of a 2.1-acre site located at 330 Whitesville Road, also identified as Block 22301, Lots 1 and 2, within the “RGC-1” (Regional Growth Commercial) Zone. The site is developed with an existing gas station on Lot 1 and is situated along Whitesville Road within a developed commercial area consisting primarily of retail and service uses. The property has previously been the subject of Board action. Resolution No. 2024-01 granted Preliminary and Final Major Site Plan Approval with Use Variance Relief for modifications to a previously approved retail center and existing gas station with convenience store. The approval permits the construction of a 20,240-square-foot retail center on Lot 2 and the continuation of the existing gas station use on Lot 1. The current application seeks a time extension of the previously granted Preliminary and Final Major Site Plan Approval. ### C. PLANNING & ZONING ~With exception of the following, the Planning & Zoning matters are deferred to the Board Planner.~ ### D. ENGINEERING COMMENTS 1) Per NJ MLUL Statute Section 40:55D-52: Effect of Final Approval of a Site Plan or Major Subdivision a. The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer pursuant to section 37 of P.L.1975, c.291 (C.40:55D-49), whether conditionally or otherwise, shall not be changed for a period of two years after the date on which the resolution of final approval is adopted; provided that in the case of a major subdivision the rights conferred by this section shall expire if the plat has not been duly recorded within the time period provided in section 42 of P.L.1975, c.291 (C.40:55D-54). If the developer has followed the standards prescribed for final approval, and, in the case of a subdivision, has duly recorded the plat as required in section 42 of P.L.1975, c.291 (C.40:55D-54), the planning board may extend such period of protection for extensions of one year but not to exceed three extensions. Notwithstanding any other provisions of this act, the granting of final approval terminates the time period of preliminary approval pursuant to section 37 of P.L.1975, c.291 (C.40:55D-49) for the section granted final approval. c. Whenever the planning board grants an extension of final approval pursuant to subsection a. or b. of this section and final approval has expired before the date on which the extension is granted, the extension shall begin on what would otherwise be the expiration date. The developer may apply for the extension either before or after what would otherwise be the expiration date. ===== PAGE 3 ===== Re: Completeness Review Letter #1 Morgan Municipal Project No. JKZB-Z32003 Escrow #: Z32003 Applicant: Stephen Rivera/ Elite Wrestling, LLC Application: Use Variance Relief - Wrestling Training Facility Block(s)/Lot(s): 23202/31 Site Address: 1435 Toms River Road Zone: "RD-1" (Rural Development) Jackson Township, Ocean County, New Jersey d. The planning board shall grant an extension of final approval for a period determined by the board but not exceeding one year from what would otherwise be the expiration date, if the developer proves to the reasonable satisfaction of the board that the developer was barred or prevented, directly or indirectly, from proceeding with the development because of delays in obtaining legally required approvals from other governmental entities and that the developer applied promptly for and diligently pursued these approvals. A developer shall apply for the extension before (1) what would otherwise be the expiration date of final approval or (2) the 91st day after the developer receives the last legally required approval from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not preclude the planning board from granting an extension pursuant to subsection a. or b. of this section. In summary, the subdivision was approved by the Jackson Township Zoning Board on May 17, 2023 and adopted on January 3, 2024. Per the NJ MLUL, time extensions for preliminary and final site plans generally start from the date of the adoption of the resolution of approval (memorialization). The rights granted shall remain in effect until January 3, 2026, unless extended by the Zoning Board. The Board may grant an extension not exceeding one year from the original expiration date. Therefore, the maximum extension period is January 3, 2027. Based upon a Cover Letter prepared by the Applicant's Engineer, it is to our understanding that the developer is waiting for addition sewer capacity to become available for the project to connect to the public sewer line. The Applicant has not indicated how long this delay is expected to last and, additionally, has not submitted proof of these delays. The Applicant has applied for the extension within the required statutory timeframes, as outlined in the New Jersey MLUL. Therefore, it is our opinion that the developer shall provide supporting documentation and/or testimony substantiating the claimed delays to be granted a time extension (to expire January 3, 2027), as permitted by the New Jersey MLUL. However, we ultimately defer the decision to the Jackson Township Zoning Board of Adjustment. ### E. CONDITIONS OF APPROVAL Should the Board determine that the relief requested should be granted, we recommend that the approval be conditioned on the following: 1. The Applicant shall obtain any and all applicable outside agency approvals, including but not limited to: a. NJ Department of Transportation b. NJ Department of Environmental Protection c. Ocean County Planning Department d. Municipal Building Department e. Municipal Fire Department 2. The Applicant shall submit payment of all outstanding professional review fees of the Board and the Township. 3. The Applicant shall provide all required plans necessary to show compliance with all required building codes and ordinances to the Building Department at the time of the permit application. 4. Any and all damage within the public right of way during construction shall be restored at the owner's expense within the public right-of-way including but not limited to roadway pavement, curbing, sidewalk, drainage facilities, utilities, etc. ===== PAGE 4 ===== Re: Completeness Review Letter #1 Completeness Review Letter #1 Morgan Municipal Project No. JKZB-Z32003 Escrow #: Z32003 Applicant: Stephen Rivera/ Elite Wrestling, LLC Application: Use Variance Relief - Wrestling Training Facility Block(s)/Lot(s): 23202/31 Site Address: 1435 Toms River Road Zone: "RD-1" (Rural Development) Jackson Township, Ocean County, New Jersey We reserve the right to request additional information and/or plans should additional variances or concerns be indicated during the public hearing. If you should have any questions or desire any additional information concerning this matter, please contact my office. Should you have any questions, please let me know. Very truly yours, Morgan Municipal, LLC
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MARK ROHMEYER, P.E., P.P., C.M.E. ZONING BOARD ENGINEER TOWNSHIP OF JACKSON MJR:JAS Jeffrey Purpuro, Zoning Officer (jpurpuro@jacksontwpnj.net) Jean Cipriani, Board Attorney (jcipriani@rmshc.law) 330 Whitesville Road, LLC c/o Felix Bruselovsky, Applicant (felix@19petroleum.com) Sebastiano G. Pulvirenti, P.E., Applicant's Engineer (spulvirenti@challonerassociates.net)