[ { "page": 1, "items": [ { "page": 1, "type": "TEXT", "location": { "l": 269.76, "t": 755.28, "r": 279.12, "b": 744.48 }, "text": "1", "reading_order": 0 }, { "page": 1, "type": "TITLE", "location": { "l": 69.84, "t": 720, "r": 501.36, "b": 683.04 }, "text": "MINUTES OF JACKSON ZONING BOARD NOVEMBER 15, 2023", "reading_order": 1, "level": 2 }, { "page": 1, "type": "TEXT", "location": { "l": 68.64, "t": 663.84, "r": 536.16, "b": 603.36 }, "text": "The November 15, 2023 Jackson Township Board of Adjustment Meeting was called to order at 7:00 p.m. with a salute to the flag by all present in person and was broadcast on YouTube. Board Attorney Ryan Murphy read the Open Public Meetings Act Statement and announced that adequate notice has been provided for this meeting.", "reading_order": 2 }, { "page": 1, "type": "TEXT", "location": { "l": 69.12, "t": 590.88, "r": 531.6, "b": 545.28 }, "text": "ROLL CALL: Lynne Bradley, Chair; Joseph Riccardi, Vice Chair; Carl Book, Jr. (ABSENT); Jeanine Fritch, Secretary; Gregg Stafford-Smith, Acting Secretary; James Hurley; Robert Hudak; Shira Parnes, Alt #1; Raymond Lovacco, Alt #2 (ABSENT)", "reading_order": 3 }, { "page": 1, "type": "TEXT", "location": { "l": 68.88, "t": 532.08, "r": 538.08, "b": 486.24 }, "text": "Also Present: Ryan M urphy, Board Attorney; Evan Hill, Board Engineer (ABSENT); Ernest Peters, Board Planner/Traffic consultant; Jeffrey Purpuro, Zoning Officer; Anthony Jacob, I.T. Representative; Fran DiBella, King Reporting and Zoning Board Recording Secretary", "reading_order": 4 }, { "page": 1, "type": "TITLE", "location": { "l": 69.84, "t": 473.52, "r": 169.44, "b": 459.12 }, "text": "ANNOUNCEMENTS", "reading_order": 5, "level": 3 }, { "page": 1, "type": "TEXT", "location": { "l": 70.32, "t": 458.4, "r": 192, "b": 443.04 }, "text": "See Applications Carried", "reading_order": 6 }, { "page": 1, "type": "TEXT", "location": { "l": 68.88, "t": 428.88, "r": 540, "b": 384.24 }, "text": "Payment of (2) Vouchers: Fran DiBella, recording secretary and King Reporting, court reporting services, for 11/15/23. Motion/Hudak. Second/Stafford-Smith. Voted Yes: Fritch, Hurley, Riccardi, Hudak, Stafford-Smith, Parnes, Bradley", "reading_order": 7 }, { "page": 1, "type": "TITLE", "location": { "l": 69.84, "t": 370.8, "r": 220.08, "b": 356.64 }, "text": "APPROVAL OF RESOLUTIONS:", "reading_order": 8, "level": 3 }, { "page": 1, "type": "LIST_ITEM", "location": { "l": 87.6, "t": 355.44, "r": 523.2, "b": 326.64 }, "text": "2023-41: 26 Whitesville, LLC, Block 19501, Lot 21, 26 Whitesville Road. Motion to Approve/Riccardi. Second/Bradley. Eligible to Vote and Yes Vote: Riccardi, Bradley", "marker": "1)", "list_id": "L1", "level": 0, "reading_order": 9 }, { "page": 1, "type": "LIST_ITEM", "location": { "l": 86.64, "t": 326.4, "r": 536.64, "b": 283.68 }, "text": "2023-42: Khal Hampshire Hills, Inc., Block 5202, Lot 1, N. County Line Road, Motion to Approve/Stafford-Smith. Second/Riccardi. Eligible to Vote and Yes Vote: Fritch Hurley, Riccardi, Stafford-Smith, Bradley.", "marker": "2)", "list_id": "L1", "level": 0, "reading_order": 10 }, { "page": 1, "type": "LIST_ITEM", "location": { "l": 87.36, "t": 282.72, "r": 530.16, "b": 239.52 }, "text": "2023-43: Matzliach/28 Ashford, Block 6202, Lot 15, 28 Ashford Road, Motion to Deny Appeal/ Stafford-Smith. Second/Hurley. Eligible to Vote and Yes Vote: Fritch, Hurley, Stafford-Smith, Bradley", "marker": "3)", "list_id": "L1", "level": 0, "reading_order": 11 }, { "page": 1, "type": "LIST_ITEM", "location": { "l": 86.64, "t": 238.56, "r": 528.72, "b": 194.16 }, "text": "2023-44: Matzliach/28 Ashford Road, Block 6202, Lot 15, 28 Ashford Road, Motion to Deny Use Variance/Stafford-Smith. Second/Fritch. Eligible to Vote and Yes Vote to Deny: Fritch, Hurley Riccardi, Hudak, St", "marker": "4)", "list_id": "L1", "level": 0, "reading_order": 12 }, { "page": 1, "type": "TITLE", "location": { "l": 70.32, "t": 180.24, "r": 196.8, "b": 166.08 }, "text": "APPROVAL OF MINUTES:", "reading_order": 13, "level": 3 }, { "page": 1, "type": "TEXT", "location": { "l": 70.56, "t": 165.12, "r": 107.52, "b": 150.48 }, "text": "(None)", "reading_order": 14 }, { "page": 1, "type": "TITLE", "location": { "l": 69.84, "t": 136.32, "r": 195.36, "b": 122.4 }, "text": "APPLICATIONS CARRIED:", "reading_order": 15, "level": 3 }, { "page": 1, "type": "TEXT", "location": { "l": 69.36, "t": 121.68, "r": 522.24, "b": 77.04 }, "text": "1) Application No. 2, Kehilla DBrookwood IV, P/F Site Plan880 with Use Variance 3441, Block 6002, Lot 2, 3, Zone R-15, carried to December 20, 2023 meeting. No additional notice required. Time waived.", "reading_order": 16 } ] }, { "page": 2, "items": [ { "page": 2, "type": "TEXT", "location": { "l": 269.28, "t": 755.04, "r": 279.84, "b": 744.24 }, "text": "2", "reading_order": 0 }, { "page": 2, "type": "TEXT", "location": { "l": 68.88, "t": 720.24, "r": 529.92, "b": 689.76 }, "text": "2) BM OJ, Inc., Preliminary/Final Site Plan 899, Block 6401, Lots 21 and 22, Zone R-1, carried to December 20, 2023 meeting. No additional notice required. Time waived.", "reading_order": 1 }, { "page": 2, "type": "TEXT", "location": { "l": 69.12, "t": 676.08, "r": 293.28, "b": 660.48 }, "text": "Board professionals sworn in by Mr. M urphy.", "reading_order": 2 }, { "page": 2, "type": "TITLE", "location": { "l": 69.36, "t": 647.52, "r": 149.04, "b": 632.64 }, "text": "APPLICATIONS:", "reading_order": 3, "level": 3 }, { "page": 2, "type": "LIST_ITEM", "location": { "l": 82.32, "t": 617.04, "r": 540, "b": 206.64 }, "text": "THE FACILITY 2, LLC, Preliminary/Final Site Plan 897 with Use Variance 3355, Block 18201, Lot 36.01, 29, 30 31, and 35. 253 Hawkin Road. Salvatore Alfieri, Applicant's attorney, stated that because the Board wants the two lots combined together, it's causing a strain on the Gennusa family obtaining financing. They'd like to separate the two lots and prepare a declaration stating that if the business were sold or if Mr. Gennusa moved out of the home, then the approval that was granted would be voided. Mr. Hurley asked if the new members were eligible to vote on this tonight. Mr. Murphy stated that they are certified to vote. Ms. Parnes asked Mr. Murphy of the legality of such a document. Mr. Murphy stated that the declaration may not be enforceable in a court of law. Mr. Alfieri stated if this were granted and if this were challenged by anyone, then it would revert back to the original approval. Mr. Hurley asked if the declaration is accepted and hypothetically Nick moves out, do we throw out the new homeowner? Mr. Alfieri explained that the Board can shut down the business. Mr. Hurley stated there are too many practical problems. What happens if the new owner wants to run snowmobiles there? Mr. Hurley asked if the applicant would consider separating the two properties and putting the business on one and the house on the other. Would the business property would have septic and structures to house the vehicles. Witness No. 1, Nick Gennusa, Applicant, duly sworn, testified that the business side doesn't need structures because every rider brings their own equipment. Mr. Murphy stated that he believes Mr. Hurley's idea to put a structure on the commercial side would help this situation. Mr. Riccardi stated that it might be better because of insurance purposes. Mr. Gennusa stated that he doesn't want to put any permanent structures on the commercial side (i.e. septic system) because this is a use variance. Mr. Riccardi asked about the check-in process for the riders. Mr. Alfieri asked to return with an engineer's plan showing the sign-in process and the keyless gate for the benefit of the new members. The Chair stated she was having difficulty with the application. Mr. Murphy recommended that the Applicant prepare a declaration and return. Application carried to January 3, 2024 and will re-notice and time is waived.", "marker": "1)", "list_id": "L2", "level": 0, "reading_order": 4 }, { "page": 2, "type": "LIST_ITEM", "location": { "l": 86.64, "t": 192.96, "r": 541.2, "b": 73.92 }, "text": "CHANA SIEGEL/YOTZER OHR LAKEWOOD, a Nonprofit, Reconsideration of Denial for Use Variance 3411, Block 21501, Lot 26, 950 M applehurst Avenue. Mr. Hudak was not eligible to vote because he did not review the hearing. Donna Jennings, Esq., Applicant's attorney, stated the Applicant still wanted to proceed. This is a bifurcated application. Amelinda Lopez, court reporter, Hudson Reporting, hired by the Applicant to stenographically record the application. Ms. Jennings stated that this application was heard back in June. She believes the Board made some errors in its deliberations then and addressed it in a letter to the Board. First, a school is considered inherently", "marker": "2)", "list_id": "L2", "level": 0, "reading_order": 5 } ] }, { "page": 3, "items": [ { "page": 3, "type": "TEXT", "location": { "l": 103.92, "t": 720, "r": 540.24, "b": 102.48 }, "text": "beneficial. On the previous hearing date, Dr. Siegel stated that this is an Orthodox Jewish school for girls that were asked to leave their schools and now have no where to go. They cannot go to a public school and get their religious education on the weekends. Also, because this is a private school, they will use the Acellus academy and the NJ DOE has no authority and this school is not required to be accredited. There will be no bussing. The Sica balancing test, the negative criteria, is met. There are to be no more than 20 students. Dr. Siegel's father-in-law, the owner of this residential home, will relinquish all use of this single-family residential home to the school. Also, Ms. Jennings believes that this school falls under RLUIPA. Mr. Murphy confirmed that the entire home will be used now and not only the basement portion, as was previously testified, and Ms. Jennings confirmed that with her client, Mr. Riccardi asked for confirmation from Ms. Jennings that there will be no more than 20 students and the entire house will be used. Ms. Jennings stated that she omitted to mention at the last hearing that Dr. Siegel is a trained psychologist. Mr. Stafford-Smith asked about ingress/egress. Ms. Jennings stated that will be addressed in the future when they return for site plan. Mr. Hurley, upon reviewing his notes from the previous hearing, stated that one of the reasons he voted to deny the application is because enrollment of students at the school was down to six students from 20, which showed to him that there wasn't a need. Another reason for Mr. Hurley's \"no\" vote is because this is an industrial zone; he didn't believe the positive and negative criteria were met in the Sica balancing test; the testimony was insufficient. The Chair stated she also voted to deny the application because this is a mixed-use application. Ms. Fritch stated since this is no longer mixed use and now there's new information presented does that imply that the Board did something legally wrong. Mr. Murphy stated no, the Board did not nothing legally wrong. Motion to reconsider the denial by Stafford/Smith. Second/Parnes. Yes Vote: Fritch, Riccardi, Stafford-Smith, Parnes, Bradley. No Vote: Hurley. Ms. Jennings decided to proceed with the application tonight, but stated that Jackson Township is involved in litigation and its Master Plan has been updated and will be adopted soon. Ms. Jennings stated that there's a settlement agreement and her side had a first reading of it and signed it. Mr. Peters stated that there is a master plan revision and ordinance revisions. Mr. Hurley asked if the settlement agreement is public. Ms. Jennings stated that it will be as soon as it's signed. Mr. Hurley asked if the Applicant would wait until the agreement is signed before we hear the application. Ms. Jennings stated that she'd rather have the vote tonight. Public portion opened: Michael White, 960 Mapplehurst Avenue, duly sworn, testified that part of the road is 22' wide, there's a turn that's almost 90 degrees, and he believes a speed limit has to be set there if traffic is going to be increased. Witness No. 2: Yakov Siegel, Applicant, stated he is very grateful to his father-in-law for giving the entire house to the school. Ms. Parnes asked about parking on such a narrow street. Mr. Hurley asked is this a conditional use or a permitted use. Ms. Jennings replied that it will be permitted as a principal use. Motion to approve/Parnes. Second/Riccardi. Eligible to Vote and Yes Vote: Fritch, Hurley, Riccardi, Stafford-Smith, Parnes, Bradley.", "reading_order": 0 }, { "page": 3, "type": "TEXT", "location": { "l": 104.64, "t": 90.96, "r": 521.04, "b": 75.12 }, "text": "3) VINCENT MATTINA, Minor Subdivision 1420 with Use Variance 3486, Block 17206,", "reading_order": 1 } ] }, { "page": 4, "items": [ { "page": 4, "type": "TEXT", "location": { "l": 270, "t": 754.8, "r": 279.6, "b": 744.72 }, "text": "4", "reading_order": 0 }, { "page": 4, "type": "TEXT", "location": { "l": 105.12, "t": 719.76, "r": 540, "b": 572.16 }, "text": "Lots 39 and 41, 22 Toms River Road. Michael Paxton, Esq., Applicant's attorney. Jason Marciano, P.P., P.E., duly sworn credentials accepted, testified that this is a subdivision at 571 Toms River Road, this will be three homes on two lots, the applicant owns both properties, this is the PV zone, alternate design septic systems, 47.8' between the houses and 50' is needed for the PV zone. Witness No. 2: Jean Mattina, Applicant's wife, duly sworn, testified that her father lived at 24 Toms River Road and her brother lived at 26 Toms River Road and these properties have been in her family for approximately 70 years. Mr. Hurley believes this qualifies for a C-2 variance and made a motion for a C2 variance. Second/Fritch. Eligible to vote and Yes Vote: Fritch, Hurley, Riccardi, Hudak, Stafford-Smith, Parnes, Bradley.", "reading_order": 1 }, { "page": 4, "type": "TEXT", "location": { "l": 70.08, "t": 544.32, "r": 373.2, "b": 528.48 }, "text": "Motion to adjourn at 9:50 p.m. by all. All voted unanimously", "reading_order": 2 }, { "page": 4, "type": "TEXT", "location": { "l": 68.88, "t": 514.8, "r": 240.48, "b": 469.68 }, "text": "Respectfully submitted by,\nFran DiBella\nZoning Board Recording Secretary", "reading_order": 3 } ] } ]