===== PAGE 1 ===== January 7, 2026 Ms. Laura Morrison, Secretary Jackson Township Planning Board 95 West Veterans Highway Jackson Township, New Jersey 08527 Re: Minor Subdivision Application – Review #1 Application #1430 / Escrow #P32628 Applicant: 789 Toms River Road, LLC Location: 789 Toms River Road (C.R. 571) Zone: PV – Pinelands Village Zone Block 18701, Lot 40 Our File: 1512-P-622 Dear Ms. Morrison & Planning Board Members: REMINGTON & VERNICK has received the above-captioned application for review. The Applicant seeks minor subdivision approval to subdivide existing Lot 40 into 2 proposed lots (New Lots A & B) which includes a flag lot configuration in the PV – Pinelands Village Zoning District. The subject property is located on the northeastern side of Toms River Road (C.R. 571). The 2.19 acre site is located in the PV – Pinelands Village Zone. It appears that a portion of the front of the site is within Conservation Overlay Zone. The site is currently developed with a 2 story single family dwelling with an attached garage and front porch, an asphalt driveway, a gravel driveway on the easterly side of the dwelling to the rear of the property, a gravel driveway on the westerly side of the property, wood posts, wire fencing, and a board on board fence. A majority of the site is wooded. The property extends to the centerline of Toms River Road. The Applicant is proposing to subdivide existing Lot 1 into 2 new lots (Lots A and B). New Lot A is proposed to contain the existing improvements with the exception of a portion of the wire fencing. New Lot B is a proposed flag lot which contains a portion of the existing wire fencing. No new improvements are proposed for New Lot B as part of this application. Our review is limited to the minor subdivision. 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 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 789 Toms River Road, LLC c/o Aryeh Yellin 958 Lakehurst Avenue Jackson, NJ 08527 732-339-2073 ===== PAGE 2 ===== ### II. SUBMITTALS

	PREPARED / SIGNED / SEALED BY	DATE	DATE LAST REVISED
Letter of Transmittal	Laura Morrison\nBoard Secretary	8/26/2025
Certificate for Zoning/Development Permit	Jeffrey Purpuro\nZoning Officer	8/26/2025
Land Development Application	Applicant	Undated
Land Development Checklist		Undated
Letter of Consent		7/30/2025
Escrow Account & Fees		8/26/2025
Right of Entry Consent Form		7/30/2025
Certification By Owner and/or Applicant		7/30/2025
Consent of Owner Form		7/30/2025
Escrow Agreement		7/31/2025
Partnership Disclosure Form		7/31/2025
Corporate Disclosure Form		7/31/2025
Land Use Disclosure Statement		Undated
Land Use Disclosure Statement	Ms. Sara Warren, Esq.\nPrime Tuvel & Miceli	Undated
Submission Letter	Rodman Ritchie, P.E.\nDynamic Engineering Consultant, PC	8/18/2025
Submission Letter		8/4/2025
Preliminary List of Variances & Waivers		8/2025
Land Use Disclosure Statement		Undated
Minor Subdivision Plan, consisting of 1 sheet		8/1/2025
ALTA/NSPS Land Title Survey, consisting of 1 sheet	Craig Black, P.L.S.\nDynamic Survey, LLC	3/11/2025

### III. ZONING ### A. Use: 1. The subject tract is located in the PV – Pinelands Village Zoning District. It appears that a portion of the site is within the Conservation Zone Overlay. 2. The Applicant is proposing to subdivide existing Lot 40 into 2 new lots (Lots A and B) for a single-family dwelling use. 3. Per §244-87A(2) detached single-family dwellings are a permitted use. ===== PAGE 3 ===== B. Area & Bulk Standards for the PV - Pinelands Village Zone - 244-87C: 1. Per §244-87C(1) area & bulk standards for any proposed use served by a standard septic system. 2. Per §244-87C(2) area & bulk standards for any proposed residential use served by an alternate design pilot program treatment system, in accordance with § 244-79G(4)(f).

ITEM	REQUIRED §244-87C(1)	REQUIRED §244-87C(2)	PROPOSED LOT A	PROPOSED LOT B	STATUS
Minimum Lot Area	3.2 acres	1 acre	1.025 acres (V)(1)	1.026 acres (V)(2)	Variance
Minimum Lot Width	250 ft	125 ft	± 210 ft (V)(3)	± 35 ft (V)(4)(5)	Variance
Minimum Lot Depth	400 ft	250 ft	209 ft (V)(6)(7)	TBD(8)	Variance
Principal Building
Minimum Front Yard Setback	80 ft	60 ft	83.8 ft	N/A	Conforms
Minimum Side Yard Setback	25 ft	10 ft	35.6 ft	N/A	Conforms
Minimum Combined Side Yard Setback		30 ft	111.3 ft	N/A	Conforms
Minimum Rear Yard Setback	50 ft	50 ft	133 ft	N/A	Conforms
Maximum Building Height	35 ft	35 ft	<35 ft	N/A	Conforms
Accessory Building
Minimum Front Yard Setback	Not Permitted	Not Permitted	N/A	N/A	N/A
Minimum Side Yard Setback	20 ft	10 ft	N/A	N/A	N/A
Minimum Rear Yard Setback	20 ft	10 ft	N/A	N/A	N/A

V – Variance N/A – Not Applicable TBD – To Be Determined Notes: 1. The definition of Lot Width is the shortest horizontal distance between the side lot lines measured through the midpoint of a line parallel to the front lot line located at the minimum building setback line required in the zoning district where the lot is located. 2. The definition of Lot Depth is the shortest distance between the front lot line and a line drawn parallel thereto through the midpoint of the rear lot line. 3. The Applicant shall provide testimony to discuss how the existing dwelling and any future dwelling will be serviced by sanitary sewer in order to determine the variance relief required. (1) Per §244-87C(1)(a) the minimum lot area if served by a standard septic system is 3.2 acres, whereas New Lot A is 1.025 acres. A variance may be required. (2) Per §244-87C(1)(a) the minimum lot area if served by a standard septic system is 3.2 acres, ===== PAGE 4 ===== whereas New Lot B is 1.025 acres. A variance may be required. (3) Per §244-87C(1)(b) the minimum lot width if served by a standard septic system is 250 ft, whereas New Lot A is approximately 210 ft. A variance may be required. (4) Per §244-87C(1)(b) the minimum lot width if served by a standard septic system is 250 ft, whereas New Lot B is approximately 35 ft. A variance may be required. (5) Per §244-87C(2)(b) the minimum lot width if served by an alternate design pilot program treatment system is 125 ft, whereas New Lot B is approximately 35 ft. A variance may be required. (6) Per §244-87C(1)(c) the minimum lot depth if served by a standard septic system is 400 ft, whereas New Lot A is 209 ft. A variance may be required. (7) Per §244-87C(2)(c) the minimum lot depth if served by an alternate design pilot program treatment system is 250 ft, whereas New Lot A is 209 ft. A variance may be required. (8) Based on the definition of Lot Depth and the configuration of New Lot B, it is difficult to determine the lot depth. A variance may be required from §244-87C(1)(c) and/or §244-87C(2)(c). ### C. Conservation Zone Overlay: Per §244-45C(1) all properties which fall within the Conservation Zone Overlay shall be regulated by the underlying zone or district within which they are found, except that the following additional requirements shall apply. 1. Per §244-45C(1)(a) all applications for major site plan or major subdivision approvals shall be required to submit a valid NJDEP letter of interpretation and/or permit which identifies all freshwater wetlands and wetlands buffers/transition areas on the property or properties included in the application before the application can be deemed complete. The requirement is not applicable for a minor subdivision application. 2. Per §244-45C(1)(b) all wetlands, wetlands buffers, transition areas, and riparian buffers must be properly identified and delineated on all submitted plans for major site plan or major subdivision approvals before the application can be deemed complete. The requirement is not applicable for a minor subdivision application. 3. Per §244-45C(1)(c) all wetlands, as identified and verified, pursuant to the LOI (letter of interpretation) shall be excluded from the gross acreage for purposes of calculating maximum lot coverage (building and impervious) for nonresidential developments. The requirement is not applicable for a minor subdivision application. 4. Per §244-45C(1)(d) all required setbacks shall be taken from the wetlands limits pursuant to the LOI (letter of interpretation). There appear to be no wetlands on the property per the NJDEP Geoweb. The Applicant shall provide testimony to confirm that there are no wetlands on the property. ### IV. SUBDIVISION PLAN ISSUES ## With the exception of the following, Plan issues are deferred to the Board Engineer A. The property is located in the Pinelands. As stated within the Pineland's Commission exemptions, a minor subdivision that does not involve significant environmental impacts or historic resources may not require an application to the Commission. B. The Applicant shall provide testimony to discuss the history of the site, previous approvals, and any relief granted for the subject property C. The Applicant shall provide testimony to discuss the purpose of the proposed subdivision. ===== PAGE 5 ===== D. Per §244-189A(2)(b) any variance applications to the Zoning Board of Adjustment not involving a site plan or subdivision application shall not require an environmental impact statement unless specifically requested by the Board. The Zoning Board of Adjustment shall inform the applicant regarding any information that may be required. The Applicant shall provide testimony to discuss the unavoidable environmental impacts anticipated as a result of the proposed development. E. The Applicant shall provide testimony to discuss how the existing dwelling and any future dwelling will be serviced by sanitary sewer in order to determine the variance relief required. F. The Applicant is proposing to dedicate the portion of the property within the right-of-way of Toms River Road to Ocean County. Testimony shall be provided. The Applicant should indicate if there are any proposed improvements along Toms River Road. G. Per §244-203A sidewalks and curbing shall be required along all street frontages as a condition relating to any development for which approval is granted by the Planning Board or Board of Adjustment, whereas no sidewalk or curb is existing or proposed along the site frontage of Toms River Road. Sidewalk and curb should be provided, or the Applicant shall request a waiver. Should the waiver be granted the Applicant is required to contribute to the Jackson Township Pedestrian Fund. H. The plan should be revised to indicate if any of the existing improvements are to be removed. I. The ownership of the shed on adjacent Lot 41 should be confirmed. J. The Applicant should provide testimony to indicate how the subdivision will be filed. K. If the subdivision is to be filed by plat, the plat shall be in accordance with the Title Recordation Law. L. State plane coordinates shall be provided on 3 property corners. M. A monument should be provided at the new property line along the right-of-way of Toms River Road. The township clerk’s certification for the setting of monuments shall be added to the plan. N. The limit of closure of 1:10,000 shall be noted on the plan. O. A letter from the tax assessor verifying the lot numbers shall be provided to our office. P. All required approvals shall be submitted. ### V. VARIANCE(S) A. 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 minimum lot area, minimum lot width, and minimum lot depth for dwellings served by a standard septic system. B. 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 minimum lot width, and minimum lot depth for dwellings served by an alternate design pilot program treatment system. C. 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. ===== PAGE 6 ===== 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 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 ===== PAGE 7 ===== 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. ## 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 789 Toms River Road, LLC – Applicant/Owner (aryeh@yellinz.com) Mr. Rodman Ritchie, P.E. – Applicant’s Engineer (rritchie@dynamicec.com) Ms. Sara Werner, Esq. - Applicant's Attorney (sara@primelaw.com)