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REMINGTON & VERNICK ENGINEERS

AN ✓ ARDURRA COMPANY

July 13, 2026

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

Re: Minor Subdivision and Bulk Variance Application – Review #1 Application #1436 / Escrow #P32662 Applicant/Owner Lot 20: Aaron Travitsky Owner Lot 31: Dustin Mellen Location: 4 Victoria Circle and 431 Cook Road Zone: R-20 (Lot 31) & R-1 (Lot 20) – Residential Zone Block 5101, Lots 20 & 31 Our File: 1512-P-647

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

Dear Ms. Morrison & Planning Board Members:

REMINGTON & VERNICK has received the above-captioned application for review. The Applicant seeks minor subdivision approval for a lot line adjustment in order to increase the lot size of existing Lot 31 which is located in the R-20 zone and decreasing the lot size of existing Lot 20 which is located in the R-1 Zone.

The subject property is located on the westerly side of Victoria Circle (Lot 31) containing 0.29 acres within the R-20 – Residential Zone; and located on the easterly side of Cook Road (Lot 20) containing 1.76 acres within the R-1 zone.

Lot 31 is currently developed with a 2 story single family dwelling with an attached garage, a covered front porch and a rear deck, paver patio, inground pool, paver walkway, a shed, retaining walls, fire pit, play set, an asphalt driveway, and fencing. The site is currently serviced by public water and sewer.

Lot 20 is currently developed with a 1-story single family dwelling with a rear concrete/paver patio with a gazebo, a detached garage, a stone patio with an above ground pool, fire pit, play set, concrete walkway, and asphalt driveway, and fencing. A portion of the rear lot appears to be wooded. The site is currently serviced by public water and a septic system.

The Applicant is proposing a minor subdivision/lot line adjustment in order to increase the lot size of existing Lot 31 which is located in the R-20 zone and decreasing the lot size of existing Lot 20 which is located in the R-1 zone. No new improvements are proposed.

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. Engineering and legal issues should 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.

rve.com

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I. OWNER & APPLICANT INFORMATION

Applicant & Owner - Lot 31	Owner - Lot 20
Aaron Travitsky 4 Victoria Circle Jackson, NJ 08527 732-773-3346	Dustin Mellen 431 Cook Road Jackson, NJ 08527

II. SUBMITTALS

	PREPARED / SIGNED / SEALED BY	DATE	DATE LAST REVISED
Letter of Transmittal	Laura Morrison Board Secretary	3/31/2026
Certificate for Zoning/Development Permit	Gina Tumolo Zoning Officer	4/2/2026
Land Development Application	Applicant/Owner Lot 31	Undated
Land Development Checklist		Undated
Project Narrative		Undated
Letter of Consent		1/6/2026
Escrow Account & Fees		3/31/2026
Right of Entry Consent Form		Undated
Certification By Owner and/or Applicant		Undated
Escrow Agreement		2/24/2026
Proof of Taxes Paid		3/31/2026
Deed of Property Lot 31		9/14/2021
Land Use Disclosure Statement		Undated
Proof of Taxes Paid	Owner Lot 20	3/31/2026
Letter of Consent		2/25/2026
Right of Entry Consent Form		Undated
Consent of Owner Form		2/25/2026
Certification By Owner and/or Applicant		2/25/2026
Deed of Property Lot 20		9/4/2015
List of Submission Waiver Requests	Yosef Portnoy, P.E. Civil Core Consulting	10/30/2025

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	PREPARED / SIGNED / SEALED BY	DATE	DATE LAST REVISED
Land Use Disclosure Statement	Yosef Portnoy, P.E. Civil Core Consulting	Undated
Minor Subdivision Plan consisting of 1 sheet	Yosef Portnoy, P.E. Civil Core Consulting	10/20/2025
Submission Letter	Eliezer Cohen Civil Core Consulting	3/10/2026
Submission Letter		3/25/2026
Letter of Submission, Application, & Fee to the Township Forester for approval		3/10/2026
Letter of Submission to the Environmental Commission for approval		3/10/2026
Letter of Submission to the Ocean County Soil Conservation District for approval		3/10/2026
Letter of Submission to Ocean County Health Department for approval		3/10/2026
Letter of Submission to Bureau of Fire Prevention District No. 4 for approval		3/10/2026
Letter of Submission to Ocean County Planning Board for approval		3/10/2026
Letter of Submission to the Traffic Safety Bureau for approval		3/10/2026
Outbound Survey Lots 20 & 31, consisting of 1 sheet	Alan R. Boettger, P.L.S. Clearpoint Services	8/18/2025
Minor Subdivision Plat	Alan R. Boettger, P.L.S. Clearpoint Services	10/20/2025
Letter of No Concerns	Jeffrey Henba #263 Traffic Safety Unit	3/13/2026
Statement of Utility Services – Lot 20	Jackson Township MUA	10/31/2025
Statement of Utility Services – Lot 31	Jackson Township MUA	10/31/2025

III. ZONING

A. Use:

The subject tract is located on 2 lots within two different zoning districts. Lot 20 is located in the R-1 – Residential Zoning District (§244-47) and Lot 31 is located in the R-20 – Residential Zoning District (§244-48).

The Applicant seeks minor subdivision approval for a lot line adjustment in order to increase the lot size of existing Lot 31 which is located in the R-20 zone and decreasing the lot size of existing Lot 20 which is located in the R-1 Zone.

Per §244-47A(3) detached single-family dwelling units are a permitted use.

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Per §244-47D new lots created by subdivision after the date of this section should comply with the R-3 zoning standards unless connected to public sewer. According to the MUA statement of utility services, existing Lot 31 is serviced by public sewer, however existing Lot 20 is serviced by an on-site septic system. New Lot 20.01 will need to comply with the R-3 zoning standards.

Per §244-48A(3) detached single-family dwellings, subject to the provisions of the standards set forth in § 244-48D, Schedule of Bulk Regulations, are a permitted use.

Per §244-44B where a zoning district boundary line divides a lot other than by following a stream, street or railroad, any use permitted in either district may be extended not more than 20 feet into the adjacent district. A use permitted in the zoning district so extended should thereafter be a permitted use in the extended area. A zoning district line, however, should be altered only once by utilizing this subsection of this chapter, after which the lot use should be governed by the regulations of the zoning district in which it is located after the zoning district boundary line adjustment.

B. Area & Bulk Standards for the R-3 – Residential Zone Per 244-46D are as follows for New Lot 20.01. The Area & Bulk Standards for the R-1 – Residential Zone Per 244-47D are also included for informational purposes only and the R-3 Zone requirements are more restrictive:

	REQUIRED R-1	REQUIRED R-3	PROPOSED NEW LOT 20.01	STATUS
Lot Requirements
Min. Lot Area	43,560 sf	130,000 sf	43,871.91 sf (V)(1)	Variance
Min. Lot Width	150 ft	200 ft	101.09 ft (V)(2)	Variance
Min. Lot Frontage	75 ft	100 ft	101.09 ft	Conforms
Min. Lot Depth	200 ft	400 ft	431.24 ft	Conforms
Principal Structure
Min. Front Yard Setback	40 ft	80 ft	54.8 ft (EV)(3)	Pre-Existing Non-Conforming Condition
Min. Rear Yard Setback	50 ft	50 ft	>50 ft	Conforms
Min. Side Yard Setback	20 ft	50 ft	21.4 ft (EV)(4)	Pre-Existing Non-Conforming Condition
Max. Building Height	35 ft	35 ft	<35 ft	Conforms
Max. Building Coverage	15%	15%	4.16%	Conforms
Maximum Lot Coverage	50%		13.33%	Conforms
Accessory Structure
Garage
Front Yard Setback	Not Permitted	Not Permitted	Not in Front Yard	Conforms
Rear Yard Setback	50 ft	100 ft	>100 ft	Conforms
Side Yard Setback	20 ft	50 ft	10.6 ft (EV)(5)	Pre-Existing Non-Conforming Condition

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	REQUIRED R-1	REQUIRED R-3	PROPOSED NEW LOT 20.01	STATUS
Max. Building Height	25 ft	25 ft	<25 ft	Conforms
Pool
Front Yard Setback	Not Permitted	Not Permitted	Not in Front Yard	Conforms
Rear Yard Setback	15 ft	25 ft	>25 ft	Conforms
Side Yard Setback	20 ft	50 ft	29.2 ft (EV)(6)	Pre-Existing Non-Conforming Condition

Area & Bulk Standards for the R-20 – Residential Zone Per §244-48D are as follows for New Lot 31.01. The Area & Bulk Standards for the R-1 – Residential Zone Per §244-47D are also included since the proposed improvements are located within both zones and the R-1 Zone is more restrictive:

	REQUIRED R-20	REQUIRED R-1	PROPOSED NEW LOT 31.01	STATUS
Lot Requirements
Min. Lot Area	20,000 sf	43,560 sf	45,168.34 sf	Conforms
Min. Lot Width	100 ft	150 ft	100 ft (V)7	Variance
Min. Lot Frontage	100 ft	75 ft	100 ft	Conforms
Min. Lot Depth	200 ft	200 ft	>200 ft	Conforms
Principal Structure
Min. Front Yard Setback	30 ft	40 ft	42.8 ft	Conforms
Min. Rear Yard Setback	35 ft	50 ft	>50 ft	Conforms
Min. Side Yard Setback	15 ft	20 ft	24.8 ft	Conforms
Max. Building Height	35 ft	35 ft	<35 ft	Conforms
Max. Building Coverage	30%	15%	4.04%	Conforms
Max. Lot Coverage	70%	50%	13.04%	Conforms
Accessory Structure
Shed
Front Yard Setback	Not Permitted	Not Permitted	Not in Front Yard	Conforms
Rear Yard Setback	15 ft	15 ft	>15 ft	Conforms
Side Yard Setback	15 ft	15 ft	1.7 ft (EV)8	Pre-Existing Non-Conforming Condition
Max. Building Height	15 ft	15 ft	<15 ft	Conforms
Pool
Rear Yard Setback	15 ft	15 ft	>15 ft	Conforms

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	REQUIRED R-20	REQUIRED R-1	PROPOSED NEW LOT 31.01	STATUS
Side Yard Setback	15 ft	20 ft	± 10 ft (EV)(9)	Pre-Existing Non-Conforming Condition

V – Variance N/A – Not Applicable TBD – To Be Determined

Note:

For New Lot 20.01: Per §244-47D new lots created by subdivision after the date of this section should comply with the R-3 zoning standards unless connected to public sewer. New Lot 20.01 is serviced by an on-site septic system, therefore is required to meet the R-3 Zone requirements.

For New Lot 31.01: The most restrictive zone is the R-1 Zone. The proposed dwelling located on New Lot 31.01 encroaches into the R-1 Zone; therefore, the chart above reflects the relief required based on the R-1 Zone bulk requirements.

Per §244-46D the minimum lot area is 130,000 sf, whereas 43,871.91 sf is proposed for New Lot 20.01.

Per §244-46D the minimum lot width is 200 ft, whereas 101.09 ft is provided for New Lot 20.01.

Per §244-46D the minimum front yard setback is 80 ft, whereas 54.8 ft is a pre-existing non-conforming condition for New Lot 20.01.

Per §244-46D the minimum side yard setback is 50 ft, whereas 21.4 ft is a pre-existing non-conforming condition for New Lot 20.01.

Per §244-46D the minimum side yard setback for an accessory garage is 50 ft, whereas 10.6 ft is a pre-existing non-conforming condition for the existing garage on New Lot 20.01.

Per §244-46D the minimum side yard setback for an accessory pool is 50 ft, whereas 29.2 ft is a pre-existing non-conforming condition for the above ground pool on New Lot 20.01.

Per §244-47D the minimum lot width is 150 ft, whereas 100 ft is provided on New Lot 31.01.

Per §244-47D the minimum side yard setback for an accessory shed is 15 ft, whereas 1.7 ft is a pre-existing non-conforming condition for the existing shed on New Lot 31.01.

Per §244-47D the minimum side yard setback for an accessory pool is 20 ft, whereas approximately 10 ft is a pre-existing non-conforming condition for the inground pool on New Lot 31.01.

IV. SUBDIVISION PLAN ISSUES

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

The Applicant should provide testimony to discuss any previous approvals, and any relief granted for the site.

The Applicant should provide testimony to discuss the purpose of the proposed subdivision.

The Applicant should provide testimony to discuss the proposed configuration of the new lots.

The Applicant should provide testimony to whether the proposed subdivision is in character with

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the surrounding neighborhood.

The project narrative provided has the lot numbers referenced incorrectly. The project narrative should be revised to reference the properties correctly.

The Applicant should provide testimony to discuss their intentions to tie into public sanitary sewer for New Lot 20.01.

The zoning requirements on the subdivision plan and subdivision plat may require changes as shown above.

The setback dimensions to all existing structures should be shown on the subdivision plan and subdivision plat.

Per §244-198 off-street parking requirements for residential developments should be in compliance with, and all parking areas should be designed and constructed in accordance with Subchapter 4 (Streets and Parking) of N.J.A.C. 5:21 (Residential Site Improvement Standards), as amended. A note should be added to the plan. Testimony should be provided to discuss the number of bedrooms for the existing dwellings and the number of parking spaces provided.

Per §244-216B(7)(a)(b) a pump of a filtration or pumping station for a private residential swimming pool should be situated a minimum of 15 feet from the rear lot line; and meet the minimum required side yard setback distances for principle buildings. The pool equipment for both lots should be shown on the plans with setbacks dimensions.

The Applicant should provide testimony to discuss compliance with the requirements of §244-216B for enclosures and gates.

The Applicant should provide testimony to indicate how the subdivision will be filed.

If the subdivision is to be filed by plat, the plat should be in accordance with the Title Recordation Law.

A letter from the tax assessor verifying the lot numbers should be provided to our office.

All required approvals should be submitted.

V. VARIANCE(S)

The Applicant requires 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 lot area, and minimum lot width.

The Applicant may require 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 front yard setback, and minimum side yard setback for the principal structure, and minimum side yard setback for an accessory structure.

Additional 'c' variance or waiver relief may be required pending Applicant's response to the issues identified in the body of this report and during the subdivision application.

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.

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The MLUL defines “peculiar and exceptional practical difficulties” and “exceptional and undue hardship” as:

[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:

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;

To secure safety from fire, flood, panic, and other natural and man-made disasters;

To provide adequate light, air, and open space;

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;

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;

To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies;

To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial, and industrial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all NJ citizens;

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;

To promote a desirable visual environment through creative development techniques and good civic design and arrangement;

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;

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;

To encourage senior citizen community housing construction;

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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;

To promote utilization of renewable energy resources;

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.

Variance Justification

Applicant has provided no justification for the approvals required. Applicant is asked to address these issues within the context of the requirements for variance relief detailed above.

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 if they have any questions or require additional information.

God Bless America,

REMINGTON & VERNICK ENGINEERS

Ernest J. Peters, Jr., PE, PP, CME

Board Planner

MMG/EJP:mr

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

Ms. Patty Warren, Paralegal

Mr. Doug Klee, PE - Board Engineer

Mr. Aaron Travitsky – Applicant/Owner Lot 31 ( arontrav89@gmail.com)

Mr. Dustin Mellen – Owner Lot 20 (431 Cook Road, Jackson, NJ 08527)

Mr. Yosef Portnoy, P.E. – Applicant’s Engineer (yportnoy@civilcoreconsulting.com)

Mr. Alan Boettger, P.L.S. – Applicant’s Surveyor

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