Rebuilt HTML — PaddleOCR-VL (Baidu)

REMINGTON & VERNICK ENGINEERS

AN ✓ ARDURRA COMPANY

August 7, 2026

Ms. Laura Morrison, Secretary Jackson Township Planning Board 95 West Veterans Highway Jackson Township, New Jersey 08527

Re: Preliminary & Final Major Site Plan Application – Review #1 Application #843-1 / Escrow #P32295 Applicant: ZYSR, LLC Location: 156 East Commodore Boulevard (C.R. 526) Block 2202, Lot 3 Our File: 1512-P-648

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

Dear Ms. Morrison & Planning Board Members:

REMINGTON & VERNICK ENGINEERS has received the above captioned Application for review. The Applicant is seeking preliminary and final site plan approval to construct a 20,000-sf building for a Contractor Warehouse and to retain an existing ±6,160 sf building for a Contractor's Warehouse, Office, Showroom and Garage in the HC – Highway Commercial Zone.

The subject parcel is located at the intersection of East Commodore Boulevard (C.R. 526) and William Street. The 2.2-acre site is located within the HC - Highway Commercial Zone. The site is currently developed with a 2-story masonry building with 4 overhead garage doors, a paved parking area with 13 parking spaces (including 1 accessible space) and fenced areas with broken asphalt millings. The remainder of the site is wooded. William Street is partially developed with a gravel cartway approximately 20 ft wide. A portion of the right-of-way of William Street appears to be vacated. A portion of the cartway lies within the subject property. The site has frontage along Diana Road which is partially developed with a gravel cartway approximately 15 ft wide.

The proposed building consists of 19,000 sf of warehouse and 1,000 sf of office. The building contains 5 units. Each unit has 2 overhead doors, and a door to the office. As indicated in the statement of operations, “The existing facility is currently used by the owner and one additional tenant. The existing building has 4 overhead doors and 4 man doors at the rear of the building. The front portion of the building has a front and side entrance.

The site improvements include a curbed and paved parking area to accommodate 35 parking spaces (including 2 accessible parking spaces, and 1 EV ready space), 5 paved parking spaces adjacent to the warehouse building, 2 refuse enclosures, a 2 yd dumpster not within an enclosure, a 6 ft high vinyl fence, a site identification sign, landscaping, lighting, and stormwater management. The proposed building is to be serviced by public sanitary sewer and public water. There is an existing well. It should be clarified how the existing building is serviced by potable water and sanitary sewer. The proposed improvements encroach into the existing cartway of William Street.

The Applicant is proposing to relocate the existing full access drive along East Commodore Boulevard from the westerly property line to the easterly property line. Although the access drive is within the site, it appears that the proposed full access drive would encroach into the existing cartway of William Street. The Applicant is also proposing site access by way of a full access drive along Diana Road. There is a proposed 26.5 ft right-of-way dedication along East Commodore Boulevard.

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 planning issues.

1512P648 P & F Major Site Plan Review #1

rve.com

Page 2

Engineering and legal issues shall be reviewed by the Board Engineer and Solicitor, respectively.

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

I. OWNER & APPLICANT INFORMATION

Applicant/Owner

ZYSR, LLC c/o Aryeh Grunewald 411 Boulevard of the Americas, Suite 403 Lakewood, NJ 08701 732-773-1628

II. SUBMITTALS

1512P648 P & F Major Site Plan Review #1

Page 3

1512P648 P & F Major Site Plan Review #1

Page 4

III. ZONING

Use

The Applicant is seeking preliminary and final site plan approval to construct a 20,000-sf building for a Contractor Warehouse and retaining an existing ±6,160 sf building for a Contractor's Warehouse, Office, Showroom and Garage in the HC – Highway Commercial Zone.

Per §244-57A(10) contractor's office, showroom, garage, warehouse, and shop are permitted uses, provided, however, that all materials and equipment are stored within a completely enclosed building.

Area & Bulk Standards:

HC - Highway Commercial - §244-57D

1512P648 P & F Major Site Plan Review #1

Page 5

1512P648 P & F Major Site Plan Review #1

Page 6

V – Variance EV – Existing Non-Conforming Condition

1. Per §244-57D the minimum required lot width is 200 ft, whereas 122.7 ft is existing. The Applicant has requested a variance.
2. Per §244-57D the minimum required lot frontage is 200 ft, whereas 116.5 ft is existing along East Commodore Boulevard.
3. Per §244-57D the minimum required lot frontage is 200 ft, whereas 182.93 ft is existing along Diana Road.
4. Per §244-57D the minimum required front yard setback is 60 ft, whereas 37.1 ft is provided to the proposed building along East Commodore Boulevard. The Applicant has requested a variance.
5. Per §244-57D the minimum required front yard setback is 60 ft, whereas ±46.6 ft is existing along William Street. A setback dimension shall be provided to the existing building.
6. Per §244-57D the minimum required front yard setback is 60 ft, whereas 46.7 ft is provided to the proposed building along William Street. The Applicant has requested a variance.
7. Per §244-57D the minimum required side yard setback is 25 ft, whereas 19.9 ft is existing. The Applicant has requested a variance.
8. Per §244-57D the minimum required side yard setback is 25 ft, whereas 21.7 ft is provided to the proposed building. The Applicant has requested a variance.
9. Per §244-57D the minimum parking area setback from the right-of-way is 20 ft, whereas 4.65 ft is provided along William Street. The Applicant has requested a variance.
10. Per §244-57D the minimum parking area setback from the right-of-way is 20 ft, whereas ±10 ft is provided along Diana Road.
11. Per §244-57D the minimum parking area setback from a residential use is 20 ft, whereas 7.23 ft is provided to adjacent Lot 4. The Applicant has requested a variance.
12. Per §244-207A(26) a sign with an area of 26 to 75 sf shall be located a minimum of 25 ft from the street right-of-way, whereas the proposed ground sign is setback 5 ft. The Applicant has requested a variance.

IV. SITE PLAN ISSUES

With the exception of the following, site plan issues are deferred to the Board Engineer.

• A.Items to be Discussed with the Board
• Per §244-57A(10) contractor’s office, showroom, garage, warehouse, and shop are permitted uses, provided, however, that all materials and equipment are stored within a completely enclosed building. Testimony shall be provided.
• The Applicant shall provide testimony to describe the intended uses.
• Testimony shall be provided describing the ownership of the site improvements as well as the individual units. Testimony shall be provided describing the maintenance responsibilities for the site improvements.
• As indicated in the statement of operations “The facility is currently used by the owner and one additional tenant, although those conditions and/or specific users may change over time based on economic conditions and other factors.” Testimony shall be provided.

1512P648 P & F Major Site Plan Review #1

Page 7

5. As indicated in the statement of operations “The proposed building will also consist of a multi-tenant Contractor’s Warehouse, Office, Showroom and Garage. The number of tenants may vary over time based on economic conditions and other factors.” Testimony shall be provided.
6. The Applicant shall provide testimony to discuss the number of units anticipated and the upper limits on the building unit size.
7. The Applicant shall provide testimony to discuss the proposed operations in sufficient detail to indicate the effects of the use in producing traffic congestion, noise, glare, air pollution, fire hazards or safety hazard, the hours of operation of the use, the number of shifts to be worked, the number of employees in each shift, the number of vehicles to be stored or parked on the site.
8. The existing building access locations should be clearly shown on the site plan drawings.
9. It appears that access to East Commodore Boulevard from William Street would no longer be possible once the proposed improvements have been constructed. The Applicant shall provide testimony to discuss the ownership of William Street and whose responsibility it is to maintain William Street.
10. The Applicant is proposing an access drive along Diana Road. Diana Road is a stone road with a cartway width of approximately 15 ft. The purpose of this access drive should be discussed. If using this access drive, the route that vehicles, trucks, and equipment coming to and leaving from the site will take should be discussed.
11. There appears to be an emergency access from Willow Point Drive onto William Street. Testimony shall be provided to discuss the emergency vehicle route.

B. Architectural Considerations

1. The Applicant shall provide testimony to discuss any interior renovations proposed for the existing building.
2. The Applicant shall provide testimony to discuss any exterior renovations proposed for the existing building.
3. The Applicant may be required to provide architectural floor plans and elevations for the existing building. Testimony shall be provided.
4. The building footprint dimensions shall be provided for the existing building on sheet 3 of 20.
5. The building area shall be provided for the existing building on sheet 3 of 20.
6. The existing building is labeled as a 2 story building; however, it appears that a portion of the building is 1 story. The plan should be revised to reflect the building correctly.
7. There are no restroom facilities or mechanical room shown for the proposed building. Testimony shall be provided. The plans should be revised accordingly.
8. The Applicant shall provide testimony to discuss the exterior finishes of the proposed building.
9. Our office recommends that solar be incorporated into the building/site design.

C. Signs

1. The Applicant is proposing a ground sign that complies with the maximum sign area and maximum sign height, however the sign depicts spaces for 4 tenants, whereas it appears that more than 4 tenants may be located on the site. Testimony shall be provided to discuss the proposed sign.
2. Per §244-207B(6)(c) the base of all ground signs shall be accented by landscaping such as shrubs, ground cover, and flowers, whereas no landscaping is provided. The plans should be revised, or the Applicant should request a waiver.

1512P648 P & F Major Site Plan Review #1

Page 8

3. 3. The Applicant shall provide testimony to indicate if any wall mounted identification signage is proposed. If so, the location shall be shown on the plans and details provided to determine compliance with §244-207.

D. Traffic, Circulation, Parking and Loading

1. Per §244-197J(1)(d) where possible, access drives shall not be located closer than 100 feet to the nearest right-of-way line of an intersecting street, whereas the access drive along East Commodore Boulevard appears to encroach into the cartway of William Street. Testimony shall be provided.
2. The parking area adjacent to the stormwater basin indicates 9 parking spaces, whereas 8 parking spaces are shown. Revise the parking schedule and plan accordingly.
3. No curb is provided for the parking stalls adjacent to the proposed building. Our office recommends that a bollard or concrete wheel stop be provided for the 5 parking spaces. Testimony shall be provided.
4. Details for the EV ready space should be provided.
5. Setback dimensions shall be provided to the parking spaces and drive aisles from all property lines.
6. Testimony shall be provided to discuss pedestrian and accessible circulation.
7. The Applicant shall provide testimony to indicate the size trucks and equipment anticipated to enter and exit the site.
8. The Applicant shall provide testimony to discuss the size of equipment related to each business that may be anticipated and where such equipment will be stored.
9. Our office defers all fire prevention and fire safety issues to the Township Fire Official.
10. The Applicant shall provide testimony to discuss the proposed improvements along East Commodore Boulevard. Ocean County Planning Board approval is required.
11. Testimony should be provided to discuss any traffic impacts as a result of the proposed development.

E. Utilities

1. The Applicant is proposing to service the proposed building with public water and public sanitary sewer by way of connections to the water and sanitary sewer mains within East Commodore Boulevard. A road opening permit should be obtained by the Ocean County Highway Department.
2. The sanitary sewer lateral should be labeled with the size and material of pipe.
3. There is an existing well. It should be clarified how the existing building is serviced by potable water and sanitary sewer. Testimony shall be provided to indicate how the existing building is serviced by potable water and sanitary sewer.
4. The Applicant requires approval from the Jackson Township Municipal Utilities Authority.

F. Landscaping, Buffers, Screening & Shade Trees

1. 1. Per §244-193B(1) all proposed uses, other than single-family and two-family dwellings shall provide buffer areas along all side and rear property lines which abut areas zoned for residential

1512P648 P & F Major Site Plan Review #1

Page 9

use and along front property lines on local, minor collector and major collector streets which abut areas zoned for residential use. The buffer required for a building area of 26,160 sf is 25 ft. The zoning district across the street along William Street is MF – Multi-Family Zone. There is 4.65 ft provided and no landscaping. The plan should be revised to comply with this requirement, or the Applicant should request a waiver. Testimony shall be provided.

2. Per §244-193B(1) all proposed uses, other than single-family and two-family dwellings shall provide buffer areas along all side and rear property lines which but areas zoned for residential use and along front property lines on local, minor collector and major collector streets which but areas zoned for residential use. The buffer required for a building area of 26,160 sf is 25 ft. Adjacent Lot 2 and Lot 4 appear to be a residential use. The Applicant is proposing a 6 ft vinyl fence along the property line. Testimony should be provided to discuss the need for additional buffering measures for these adjacent properties.
3. Per §244-193B(1) all proposed uses, other than single-family and two-family dwellings shall provide buffer areas along all side and rear property lines which abut areas zoned for residential use and along front property lines on local, minor collector and major collector streets which abut areas zoned for residential use. The buffer required for a building area of 26,160 sf is 25 ft. The property across the street along Diana Road appears to be a residential use. Testimony should be provided to discuss the need to provide a buffer for this property.
4. Per §244-188D a 6 ft wide shade tree and utility easement is required adjacent and parallel to existing streets bordering the proposed development, whereas none are provided along East Commodore Boulevard, William Street and Diana Road. The plan should be revised, or the Applicant should request a waiver.
5. Per §244-197I(3)(a) where parking is permitted between the front building line and the right-of-way line, a safety island or raised median separating the public street from the parking area shall be provided. The width of the safety island shall be that width between the proposed curbline and a point eight feet inside the property line. When this width is less than 18 feet, the parking area shall be reduced to provide a minimum width for the safety island of 18 feet. All required tree and shrub plantings shall be placed on the on-site portion of the safety island. The Applicant shall provide testimony to discuss compliance with this requirement.
6. Per §244-197J(1)(a) parking lots having 50 or fewer spaces shall have a safety island in accordance with Subsection I above, where parking is provided in the front yard area. The Applicant shall provide testimony to discuss compliance with this requirement.
7. Per §244-197J(1)(b) an unbroken landscaping strip shall be provided along the side and rear property lines a minimum of 10 ft in width. These landscaping strips shall have the same minimum requirements as safety island, whereas 7.23 ft is provided along the side property line. The plan should be revised, or the Applicant should request a waiver.
8. Per §244-197K end islands and dividing strips shall be top soiled and planted with turf grass or other vegetative ground cover and deciduous tree, 2" diameter at breast height with an average distance between trees at ground level of 40 ft. The area between trees shall be planted with an average of 3 shrubs, whereas shrubs are not provided in all end islands. Additional shrubs should be provided, or the Applicant should request a waiver.
9. The Applicant should provide testimony regarding the irrigation of the proposed landscaping.
10. A Landscape & Tree Save Plan shall be reviewed and approved by the Jackson Township Tree Specialist.
11. All tree removal shall be in accordance with Chapter 405 of the Township of Jackson Ordinance.

1512P648 P & F Major Site Plan Review #1

Page 10

12. The labels for the BX along Diana Road should be revised from 9 to 4 in 2 places.
13. The plant schedule indicates 33 BX, whereas 23 BX are shown on the plan. Revise accordingly.

G. Lighting

1. Per §244-197J(1)(f) All parking areas for 10 or more vehicles shall have artificial lighting that will provide a minimum lighting level of 0.5 horizontal footcandle throughout the parking area and access drives, whereas less appears to be provided at the site entrances and in the area of the overhead doors. The plans should be revised, or the Applicant should request a waiver. Testimony shall be provided to discuss the proposed lighting.
2. Per §244-197J(1)(f) shielding shall be required where necessary to prevent light trespass glare upon adjacent properties or streets, whereas there is light spillage onto adjacent Lot 4 and within William Street. Testimony shall be provided to discuss the light spillage.

H. Storage of Solid Waste & Recyclable Materials

1. Per §244-208 solid wastes from all uses other than single- or two-family homes, if stored outdoors, shall be placed in metal receptacles within a screened refuse area, whereas the Applicant is proposing a 2 yard dumpster not within a screen refuse area. The plan should be revised, or the Applicant should request a waiver. Testimony shall be provided.
2. The Applicant shall provide testimony to discuss the number and size of the dumpsters provided for the buildings to determine the adequacy of the dumpster area provided to sufficiently service the buildings.
3. The Applicant shall provide testimony as to the frequency the refuse will be removed from the site, as well as the proposed method.
4. The Applicant should indicate the anticipated amount of recyclable materials generated for the use, how recyclable material will be collected, as well as bulk items.
5. The Applicant shall provide testimony to discuss if hazardous materials will be stored on-site and the method proposed to remove those materials from the site.

I. Miscellaneous

1. The Applicant shall provide testimony to discuss the potential environmental impacts as a result of the proposed development.
2. The Applicant shall provide testimony to discuss the commitment of resources and unavoidable impacts indicated in the Environmental Impact Statement.
3. The Applicant is required to obtain all local and outside agency approvals.
4. A list of all approved variances and waivers shall be provided on the plans.
5. Issues related to the Affordable Housing Non-Residential Development Fee are deferred to the Board Solicitor.

V. VARIANCE(S) & WAIVER(S)

• A.The Applicant has requested variance relief under N.J.S.A.40:55D-70(c); commonly referred to as a 'c' or "bulk" variance for the proposed conditions for minimum front yard setback, minimum side yard setback, minimum parking setback from a right-of-way, and minimum parking setback from a residential use.
• B.The Applicant has requested variance relief under N.J.S.A.40:55D-70(c); commonly referred to as a 'c' or "bulk" variance for the existing conditions for minimum lot width and minimum side yard setback.
• C.The Applicant may require relief under N.J.S.A.40:55D-70(c); commonly referred to as a 'c'

1512P648 P & F Major Site Plan Review #1

Page 11

“bulk” variance for the proposed conditions for minimum parking setback from the right-of-way of Diana Road.

• D.The Applicant may require relief under N.J.S.A.40:55D-70(c); commonly referred to as a ‘c’ or “bulk” variance for the existing conditions for minimum lot frontage and minimum front yard setback to the existing building from William Street.
• E.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 ‘c’ variance, an Applicant must demonstrate, to the Board’s satisfaction, that: (1) such action will relieve peculiar and exceptional practical difficulties or exceptional and undue hardship upon the developer of the subject property resulting from the strict application of the zoning ordinance (typically known as a Hardship Variance); OR (2) that granting a variance to allow departure from the zoning ordinance would advance one of the purposes of the Municipal Land Use Law (N.J.S.A. 40:55d-1 et seq. [“MLUL”]) and that the benefits of the deviation would substantially outweigh any detriment (typically known as the Special Reasons). Collectively, these are known as the Positive Criteria.
• The granting of a ‘c’ variance requires the affirmative vote of a majority of the Board members present at the hearing.
• The MLUL defines “peculiar and exceptional practical difficulties” and “exceptional and undue hardship” as:
• (a)[where] by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or (b) by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or (c) by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation... would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the developer of such property...[N.J.S.A. 40:55D-70c(1)]
• Under N.J.S.A.40:55D-2, the MLUL enumerates as its purposes:
• a.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;
• b.To secure safety from fire, flood, panic, and other natural and man-made disasters;
• c.To provide adequate light, air, and open space;
• d.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;
• e.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;
• f.To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies;
• g.To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial, and industrial uses

1512P648 P & F Major Site Plan Review #1

Page 12

and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all NJ citizens;

• h.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;
• i.To promote a desirable visual environment through creative development techniques and good civic design and arrangement;
• j.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;
• k.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;
• l.To encourage senior citizen community housing construction;
• m.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;
• n.To promote utilization of renewable energy resources;
• o.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.

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 in our Toms River office if they have any questions or require additional information.

God Bless America,

REMINGTON & VERNICK ENGINEERS

Ernest J. Peters, Jr., P.E., P.P., C.M.E.

Board Planner

MMG/EJP:mr

cc: Mr. Robert Shea II, Esq. – Board Attorney

Ms. Patty Warren, Paralegal

Mr. Doug Klee, P.E. – Board Engineer

ZYSR, LLC – Applicant (zevi@perfectconcreteconstruction.com)

Mr. Adam Pfeffer, Esq. - Applicant's Attorney (adampfeffer@lspglegalgroup.com)

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

1512P648 P & F Major Site Plan Review #1