===== PAGE 1 ===== March 5, 2026 Ms. Laura Morrison, Secretary Jackson Township Planning Board 95 West Veterans Highway Jackson Township, New Jersey 08527 Re: Hope Commercial Holdings Application #943 / Escrow #P32626 Preliminary & Final Major Site Plan - Review #2 30 South Hope Chapel Road (C.R. 547) Block 20901, Lot 15 Our File: 1512-P-621 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 14,979-sf, 3-story office building for 6 tenants in the RGC-2 – Regional Growth Commercial Zoning District. The site is located in the Pinelands. The proposed site improvements include a curbed and paved parking area to accommodate 63 parking spaces (including 3 accessible spaces, and 7 EV ready spaces per the parking calculations), a 10 ft x 20 ft trash enclosure, concrete sidewalk, landscaping, lighting, modular block retaining walls, guiderail, and stormwater management with an underground basin. The Applicant is proposing to service the site with public water and public sanitary sewer. The Applicant proposes to access the site by way of a full access drive along South Hope Chapel Road. All existing improvements are to be removed except for the existing stockade fencing. The portion of the existing fence along the southerly property line is located outside of the subject property on adjacent Lot 11. The subject property is located on the westerly side of South Hope Chapel Road (C.R. 547) at the intersection of Garden Street (The entrance road for the Pleasant Garden Apartments). The site is located in the RGC-2 – Regional Growth Commercial Zoning District. The site consists of 1.13 acres (49,270 sf). The existing site is developed with a 1-story frame dwelling, 3 – 1-story detached garages, and 3 access driveways along South Hope Chapel Road consisting of a looped paver driveway with brick walls and columns at both entrances and a paved driveway with brick walls and columns at the entrance. Additional existing improvements consist of concrete paver walkways, Belgian block curb, a broken asphalt/gravel area, fencing, mailboxes, and landscaped areas. 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. ===== PAGE 2 ===== ### I. OWNER & APPLICANT INFORMATION
ApplicantOwner
Hope Commercial Holdings P.O. Box 1537 Lakewood, NJ 08701 732-583-74741980 Swarthmore, LLC 30 South Hope Road Jackson, NJ 08527
### II. SUBMITTALS
TITLE / DESCRIPTIONPREPARED / SIGNED / SEALED BYDATEDATE LAST REVISED
Letter of TransmittalLaura Morrison Planning Board Secretary8/18/2025
Certificate of Zoning/Development PermitJeffrey Purpuro Zoning Officer8/15/2025
Land Development ApplicationApplicantUndated
Land Development ChecklistUndated
Fee Schedule & Escrow Account8/15/2025
Escrow Agreement7/9/2025
Land Use Disclosure StatementUndated
Partnership Disclosure Form7/9/2025
Deed of Ownership5/27/2021
Letter of ConsentOwner7/9/2025
Right of Entry Consent Form7/9/2025
Consent of Owner Form7/9/2025
Land Use Disclosure StatementSalvatore Alfieri, Esq. Cleary Giacobbe Alfieri Jacobs LLCUndated
Submission Letter7/21/2025
Land Use Disclosure StatementRichard T. Ortiz, P.E. Dynamic EngineeringUndated
Submission Letter8/11/2025
Summary Statement of Operations7/20252/2026
Preliminary List of Variances & Waivers7/20252/2026
Submission Letter, Fee, & Tree Permit Application to Jackson Township Forester for Approval7/16/2025
Submission Letter to Jackson Township Environmental Commission for Approval7/16/2025
===== PAGE 3 =====
TITLE / DESCRIPTIONPREPARED / SIGNED / SEALED BYDATEDATE LAST REVISED
Submission Letter to Bureau of Fire Prevention Jackson District #2 for ApprovalRichard T. Ortiz, P.E. Dynamic Engineering7/16/2025
Submission Letter to Jackson Police Department Traffic Safety Bureau for Approval7/16/2025
Response Letter to Bureau of Fire Prevention Jackson District #22/13/2026
Response LetterRodman R. Ritchie, P.E. Richard T. Ortiz, P.E. Dynamic Engineering2/13/2026
Preliminary and Final Major Site Plan for 1980 Swarthmore LLC, Proposed Office Building, consisting of 22 sheetsRodman R. Ritchie, P.E. Dynamic Engineering8/25/20232/13/2026
Preliminary Forcemain Layout consisting of 2 sheets2/12/2026
Environmental Impact Statement2/2026
Boundary, Location & Topographic Survey consisting of 1 sheetCraig Black, P.L.S. Dynamic Survey, LLC10/22/2021
Architectural Presentation Set of Floor Plans and Elevations consisting of 5 sheets (Unsigned and Unsealed)Rise Architecture2/12/2026
Traffic Impact and Parking AssessmentJustin Taylor, P.E., P.T.O.E. John Pesce, P.E. Dynamic Traffic, LLC10/12/20232/12/2026
Left Turn Access Painted Median2/12/2026
Inconsistent Certificate of FilingCharles M. Horner, P.P., Director Pinelands Commission6/2/2025
Phase I Environmental Site Assessment ReportSpencer Spurlock, Principal David Backman, Senior Principal Dynamic Earth, LLC6/17/2022
Phase II Investigation Report11/8/2022
### III. ZONING ### A. Use: 1. The subject property is located within the RGC-2 – Regional Growth Commercial Zoning District (Per §244-96 of the Jackson Township Ordinance). The Applicant is seeking preliminary and final site plan approval to construct a 14,979-sf, 3-story office building for 6 tenants. 2. Per §244-96A(1) the principal uses permitted in the RGC-2 Regional Growth Commercial Zone are the same as permitted in the PVC-2 Pinelands Village Commercial Zone §244-94A. ===== PAGE 4 ===== a. Per §244-94A(9) professional and business offices are a permitted use. b. Per §244-94A(11) business or commercial offices are a permitted use. c. Per §244-94A medical/dental offices are not specifically listed as a permitted use. B. Area & Bulk Standards:
RGC-2 – Regional Growth Commercial – Per §244-96C(1) area, yard and building requirements shall be same as required in the PVC-2 Pinelands Village Commercial Zone Per §244-94C(1).
ITEMREQUIREDPROPOSEDSTATUS
Minimum Lot Area20,000 sf49,270 sfConforms
Minimum Lot Width100 ft188.8 ftConforms
Minimum Front Yard Setback60 ft78.5 ftConforms
Minimum Side Yard Setback (Each)10 ft44.5 ftConforms
Minimum Combined Side Yard Setback30 ft99.6 ftConforms
Minimum Rear Yard Setback30 ft96.1 ftConforms
Maximum Building Height35 ft36 ft (V)(1)\nTo RoofVariance
Maximum Building Height35 ft39 ft\nTo ParapetConforms
Maximum Building Height35 ft50 ft (TBD)(2)\nTo BulkheadTBD
Parking Area Setbacks
From ROW20 ft20.1 ftConforms
From Residential Use20 ft10.2 ft (V)(3)Variance
From Nonresidential Use10 ft10 ftConforms
Minimum Required Parking Spaces
Office (Professional/Business) – 14,979 gsf\n1 for each 200 sf of gross floor area14,979 gsf\n1 space/200 sf\n75 spaces63 spaces + 7 EV ready credited spaces = 70 spaces (V)(4)Variance
Handicapped Parking Spaces3 Accessible spaces3 Accessible spacesConforms
Wall Signage
Maximum Number of Signs12 (V)(5)Variance
Maximum Sign Areanot to exceed 15% of the principal façade area or 80 sf, whichever is smaller1 – 30 sf (West Elevation)\n1 - 30 sf (North Elevation)Conforms
===== PAGE 5 ===== V – Variance TBD – To Be Determined (1) Per §244-94C(6) the maximum building height permitted is 35 ft, whereas 36 ft is proposed to the roof. The Applicant has requested a variance. (2) Per §244-94C(6) the maximum building height permitted is 35 ft, whereas 50 ft is proposed to the bulkhead. Per §244-156B the height limitations created hereunder shall not apply to spires, belfries, cupolas, or domes not used for human occupancy or to parapets, walls or cornices extending not more than four feet above the building height limit. Per §244-156C the height limitations created hereunder shall apply to chimneys, ventilators, skylights, stair towers, elevator towers, appurtenances usually carried above the roof level and noncommercial radio and television antennas attached to a building, except that same may exceed said height limitation by not more than 15 feet, except that skylights, heating and air-conditioning equipment and ventilators may exceed the height limitation by no more than six feet. Such features shall not exceed, in total coverage, 20% of the total roof area. A variance may be required. (3) Per §244-94C(7)(b) the required parking setback to a residential use is 20 ft, whereas 10.2 ft is provided along the southerly property line. The Applicant has requested a variance. (4) Per §244-197N(1) the minimum number of parking spaces required is 75 parking spaces. The Applicant proposes 63 parking spaces + 7 EV parking spaces as indicated in the parking calculations but have not been depicted on the plans. Once the EV ready spaces are shown and labeled on the plan, a total of 70 spaces will be provided, whereas 75 parking spaces are required. The Applicant has requested a variance. (5) Per §244-207B(7) each principal building may have one wall sign not to exceed 15% of the principal façade area or 80 sf, whichever is smaller, whereas 2 wall signs are proposed. ### IV. SITE PLAN COMMENTS ## With the exception of the following, site plan issues are deferred to the Board Engineer ### A. Items To Be Discussed With The Board 1. The Applicant is proposing to construct a 14,979 sf, 3-story office building. The summary statement of operations indicates “The information provided within this summary statement of operations serves as a general guideline only and is not intended to limit the flexibility of the proposed use or business”. Testimony shall be provided to discuss this statement and the possible changes to the summary statement of operations anticipated. 2. 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 and provisions to be made for site maintenance. 3. The Applicant has obtained an Inconsistent Certificate of Filing from the Pinelands Commission. As indicated in the Inconsistent Certificate of Filing, no permit or approval shall take effect and no development may occur until the Commission issues a letter indicating that the municipal or county permit or approval may take effect. The Applicant shall provide testimony to discuss whether the inconsistencies listed on page 3 of 3 of the Inconsistent Certificate of Filing dated June 2, 2025 have been addressed. ===== PAGE 6 ===== ### B. Architectural Considerations 1. Per §244-94C(6) the maximum building height permitted is 35 ft, whereas 36 ft is proposed to the roof. The Applicant has requested a variance. Testimony shall be provided. 2. Per §244-156A no structure shall extend higher than the limit provided in each zone created hereunder for building height. 3. Per §244-156B the height limitations created hereunder shall not apply to spires, belfries, cupolas, or domes not used for human occupancy or to parapets, walls or cornices extending not more than four feet above the building height limit. The height of the parapet is 39 ft which complies with this requirement. 4. Per §244-156B the height limitations created hereunder shall not apply to spires, belfries, cupolas, or domes not used for human occupancy or to parapets, walls or cornices extending not more than four feet above the building height limit. The height of the bulkhead is 50 ft. The Applicant shall provide testimony to discuss the use of the bulkhead to determine if this section of the ordinance applies. 5. Per §244-156C the height limitations created hereunder shall apply to chimneys, ventilators, skylights, stair towers, elevator towers, appurtenances usually carried above the roof level and noncommercial radio and television antennas attached to a building, except that same may exceed said height limitation by not more than 15 feet, except that skylights, heating and air-conditioning equipment and ventilators may exceed the height limitation by no more than six feet. Such features shall not exceed, in total coverage, 20% of the total roof area. The Applicant shall provide testimony to the use of the roof, the height of the features above the roof elevation, and the total coverage of all features on the roof. 6. The Architectural plans indicate that all mechanical equipment will be on the roof. Testimony shall be provided to discuss the adequacy of the screening provided. 7. The Architectural plans shall be revised to provide more detail relating to building height and proposed improvements on or associated with the roof. 8. The Applicant shall provide testimony to discuss the exterior finishes of the building and how they are compatible with the surrounding area. 9. Our office recommends that solar be incorporated into the building/site design. ### C. Signs 1. Per §244-207B(6)(a) ground mounted signs (or "monument signs") shall be permitted for professional office uses, commercial office uses, institutional uses (religious, education, government agencies), industrial parks or retail/service uses in the ROS, O/R, HVC, NC, LM, I, PVC, RGC and HC Zones. The Applicant indicates no ground mounted signage is proposed as part of this application. Testimony shall be provided. 2. Per §244-207B(7) each principal building may have one wall sign not to exceed 15% of the principal façade area or 80 sf, whichever is smaller, whereas the Applicant proposes 2 – 30 sf wall signs. A variance is required. ### D. Traffic, Circulation, Parking and Loading 1. The Applicant shall provide testimony to discuss any proposed roadway improvements within the South Hope Chapel Road right-of-way. ===== PAGE 7 ===== 2. The Applicant shall provide testimony to discuss the potential traffic impacts as a result of the proposed development. What impact would the proposed development have on the existing levels of service along South Hope Chapel Road? Can a second point of access for the site be provided? 3. The Applicant has provided an analysis for left turns across painted medians. The Applicant shall provide testimony to discuss their findings. 4. The proposed driveway location raises several significant safety and operational concerns therefore we recommend the driveway be redesigned for right-in and right-out movements only. Vehicles exiting the driveway must cross or merge near or directly into the path of vehicles using the dedicated left-turn lane for the elementary school, creating conflict points that can lead to driver confusion and make involve opposing movements or awkward "jog" maneuvers. The proposed driveway location also creates difficult crossing paths, heightening the risk of rear-end collisions, sideswipes, or "left-turn lock-up" situations where vehicles block one another. Sight distance is likely compromised for both exiting drivers resulting in reduced visibility of unexpected movements and an elevated crash potential. The proposed driveway location does not appear to comply with standard access management principles, which strongly recommend avoiding driveway placements within or immediately adjacent to the functional area of turn lanes, intersections, deceleration/storage zones, or other high-conflict areas to maintain smooth traffic flow and minimize conflict points. Additionally, the New Jersey State Highway Access Management Code (N.J.A.C. 16:47-3.5(e)6), indicates “No access point shall be located along an acceleration, deceleration, or exclusive right-turn or left-turn lane where the lane is at its full width.” The proposed egress side of the driveway is located opposite nearly full-width exclusive left-turn lane. 5. Per §244-197N(1) the minimum number of parking spaces required is 75 parking spaces. The Applicant proposes 63 parking spaces + 7 EV parking spaces as indicated in the parking calculations but have not been depicted on the plans. Once the EV ready spaces are shown and labeled on the plan, a total of 70 spaces will be provided, whereas 75 parking spaces are required. The Applicant has requested a variance. The Applicant shall provide testimony to discuss the number of spaces proposed. The statement of operations indicates that the estimated number of employees is approximately 75 employees. 6. The location of the 7 EV parking spaces shall be depicted on the plans. 7. Per §244-197B(1) where sidewalks occur in parking areas, parked vehicles shall not overhang or extend over the sidewalk unless an additional sidewalk width of two feet is provided in order to accommodate such overhang, whereas a 5 ft sidewalk width is provided. A waiver may be required. 8. Per §244-197D(2) parking areas for 25 or more cars and access drives for all parking areas on major or minor arterials shall provide curbed return radii of not less than 15 ft for all right-turn movements, whereas 10 ft is provided along the circulation drive aisle. The plans should be revised, or the Applicant shall request a waiver. 9. Per §244-197J(2)(a)[2][a] all entrance drives shall extend a minimum distance of 100 feet back from the street right-of-way or to a parking access aisle or major circulation drive, whereas approximately 70 ft is provided. The Applicant has requested a waiver. ===== PAGE 8 ===== 10. Per §244-197J(2)(a)[2][b] all exit drives shall extend a minimum distance of 60 feet back from the street curb or to a parking access aisle or major circulation drive, whereas approximately 50 ft is provided. The Applicant has requested a waiver. 11. Per §244-197J(2)(a)[2][c] no parking stalls shall utilize the required entrance and exit drives or major circulation drives as parking access aisles, whereas the parking spaces access the main circulation drive. The Applicant has requested a waiver. 12. Per §244-197J(2)(a)[3][c] no driveway shall be located less than 10 feet from the side property line or within 30 feet of an existing drive, whichever is greater, whereas the proposed driveway is approximately 7.5 ft from the property line. The Applicant has requested a waiver. A dimension should be provided on the plan. 13. Testimony shall be provided to discuss pedestrian and accessible circulation. 14. Per §244-205A(1) sidewalks shall be constructed where the development abuts an existing street, the sidewalk shall be constructed only on that side, whereas no sidewalk exists along Green Street. The Applicant has requested a waiver. It appears that Green Street may be a private road for the Pleasant Gardens Apartments. Testimony shall be provided to discuss whether Green Street is a private or public road. 15. The Applicant has removed the guiderail from the project. Testimony shall be provided to discuss the need for guiderail due to the proposed slopes adjacent to the parking areas. 16. Per §244-196A for every building, structure or part thereof having over 10,000 square feet of gross floor area erected and occupied for any use other than residential, there shall be provided at least one truck standing, loading, and unloading space on the premises, not less than 12 feet in width, 35 feet in length and with a minimum vertical clearance of 14 feet. Buildings that contain an excess of 15,000 square feet of gross floor area shall be required to provide additional off-street loading spaces as determined by the municipal agency during site plan review, whereas no off-street loading area is designated on the plans. The Applicant has requested a waiver. 17. Per §244-196E no off-street loading and unloading area shall be permitted in any required front yard area. The Applicant has requested a waiver. Testimony shall be provided to discuss where the Applicant anticipates trucks to be standing during pick up and deliveries. 18. The Applicant shall provide testimony regarding the size truck anticipated for deliveries. 19. Our office defers all fire prevention and fire safety issues to the Township Fire Official. ### E. Landscaping 1. Per §244-193B buffer areas are required along all side and rear property lines which are zoned for residential use. The width of the buffer is based on the size of the proposed building. The 14,979 sf building requires a buffer width of 10 feet, whereas adjacent Lot 11 is within the RG-2 Zone and is a residential (use) lot. A landscape buffer of 20.3 ft is provided along the rear lot line and 10 ft along the side lot line. The Applicant shall provide to discuss the adequacy of the proposed buffers to provide a solid screen. 2. Per §244-193B(4) no structure, storage of materials or parking of vehicles shall be permitted within the buffer area, except that, where permitted by the municipal agency, the buffer area may be broken for vehicular or pedestrian access and appropriate directional and safety signs provided, whereas a retaining wall is located within the required landscape buffers. The plans should be revised, or the Applicant shall request a waiver. ===== PAGE 9 ===== 3. Per §244-193B(5) prohibited activities within buffer areas include removal, excavation, grading or disturbance of the soil, dumping or filling with any materials, erection of structures, placement of pavements or any impervious cover, and destruction of plant life which would alter the existing pattern of vegetation or cause substantial change of the buffer, including but not limited to clear cutting, burning or application of herbicides, whereas a retaining wall is located within the required landscape buffers. The Applicant has requested a waiver. Testimony shall be provided. 4. All tree removal shall be in accordance with Chapter 405 of the Township of Jackson Ordinance. 5. A Landscape & Tree Save Plan shall be reviewed and approved by the Jackson Township Certified Tree Expert. 6. The Applicant indicates that no irrigation system is proposed. The Applicant shall provide testimony to discuss who will be responsible to ensure the viability of the plantings. ### F. Lighting 1. Per §244-19/J(1)(f) shielding shall be required where necessary to prevent light trespass glare upon adjacent properties or streets. The point-by-point analysis indicates light spillage of 0.1 f.c. onto the adjacent property along the side and rear lot lines. The Applicant shall provide testimony to discuss the light spillage. ### G. Storage of Solid Waste & Recyclable Materials 1. Per §244-208C a five-foot-minimum-width landscaping area shall be provided along the fence or wall enclosing the refuse storage area, whereas only one side is landscaped along the wall of the trash enclosure. The plan should be revised, or the Applicant shall request a waiver. 2. Per §244-208E if located within or adjacent to a parking area or access drive, the enclosed refuse areas shall be separated from such parking area or access drive by curbing, whereas none is provided. The Applicant has requested a waiver. 3. Testimony shall be provided to discuss the size of the trash enclosure area, and the number of trash receptacles and recycling containers proposed to determine if the trash enclosure area proposed is adequate to service the proposed use. 4. Per §244-208K for every solid waste storage area, at least one area shall be designated adjacent thereto for the collection of recyclable materials. The trash enclosure detail should be revised to clearly indicate an area for recyclables. 5. The Applicant should indicate the anticipated quantity of recyclable materials generated for the use, how recyclable material will be collected, as well as bulk items. 6. The Applicant shall provide testimony as to the frequency the refuse will be removed from the site. ### H. Utilities 1. The Applicant proposes to service the site with public water. The Applicant will require a road opening permit from the Ocean County Highway Department. 2. The Applicant is proposing to service the site with public sewer by way of a sanitary sewer extension. Preliminary Force Main plans have been provided. Sheet 8 of 20 indicates a 4" sewer lateral from the building to South Hope Chapel Road, whereas the preliminary force main plans indicate an 8" sewer lateral. Revise accordingly. ===== PAGE 10 ===== 3. The Applicant requires approval from the Jackson Township Municipal Utilities Authority, Ocean County Utilities Authority, NJDEP TWA, and Ocean County Planning Board. ### I. Miscellaneous 1. The survey of the property provided is dated October 22, 2021. A current survey within one year of submission of the application should be provided. 2. The Applicant as shown in the general notes on the cover sheet does not reflect the Applicant as shown in the application. Revised accordingly. 3. The bulk requirements tables on sheets 1 and 4 of 20 should also make reference to the PVC-2 Zone. 4. A modular block retaining wall detail not for construction has been provided. Testimony shall be provided to discuss who will be designing the retaining walls. A detail for construction shall be provided for review. 5. The Applicant proposes to retain the existing stockade fence that is located outside of the property. Testimony shall be provided to discuss ownership and the need for an easement. 6. Per §244-190A(8) all fences and walls must be erected within the property lines, and no fence or wall shall be erected so as to encroach upon a public right-of-way. The Applicant has requested variance relief to retain the existing stockade fence. Green Street appears to be a private road, however if it is determined to be a public road and right-of-way, the fence may be required to be relocated onto the site. 7. There is an existing mailbox along South Hope Chapel Road between the site access drive and the access drive for the adjacent property. The Applicant indicates that the mailbox is for the adjacent property and is to remain. The existing mailbox should be shown on the proposed development plans. 8. The Applicant shall provide testimony to discuss the potential environmental impacts as a result of the proposed development. 9. The Applicant shall provide testimony to discuss the Business Environmental Risks (BERs) as listed on page 22 of the Phase I Assessment. The discussion shall include any further investigation or corrective measures required. 10. A Phase II Investigation Report was prepared for the Recognized Environmental Concern (REC) for Former Auto Repair Operations/Staining as listed in the Phase I Assessment. The Applicant shall provide testimony to discuss their findings. 11. The Applicant is required to obtain all local and outside agency approvals. 12. A list of approved variances and waivers shall be provided on the plans. 13. Issues related to the Affordable Housing Non-Residential Development Fee are deferred to the Board Solicitor. 14. Per §244-176.1G(1) office trailers may be used on a construction site as a construction office, subject to individual approval by the Planning Board or Zoning Board of Adjustment, and as individually approved by the Construction Official. Said office trailer may not be placed on the site prior to issuance of a building permit and must be removed at the owner's expense upon completion of the job. The Applicant shall provide testimony to discuss their intentions to place a temporary office trailer on-site. 15. Testimony should be provided regarding the earthwork quantities for the site and compliance ===== PAGE 11 ===== with Chapter 364 – Soil/Fill Importation. ### V. VARIANCE(S) & WAIVER(S) A. The Applicant requests variance relief under N.J.S.A. 40:55D-70(c); commonly referred to as a ‘c’ or “bulk” variance, for maximum building height, minimum parking setback to a residential use property line, and minimum number of parking spaces. B. 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 maximum number of wall signs. C. 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 ===== PAGE 12 ===== 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 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
Image
Ernest J. Peters, Jr., P.E., P.P., C.M.E. Board Planner ===== PAGE 13 ===== ## MMG/EJP:mr cc: via e-mail: Mr. Robert Shea II, Esq. – Board Attorney Ms. Patty Warren, Paralegal ( pwarren@rcshea.com) Mr. Doug Klee, P.E. – Board Engineer Hope Commercial Holdings – Applicant (info@hopecommercialholdings.com) 1980 Swarthmore, LLC – Owner (30 South Hope Road, Jackson, NJ 08527) Mr. Richard T. Ortiz, P.E. - Applicant's Engineer ( rortiz@dynamicec.com) Mr. Rodman R. Ritchie, P.E., P.P. – Applicant's Engineer ( rritchie@dynamicec.com) Mr. Salvatore Alfieri, Esq. – Applicant's Attorney ( salfieri@cgajlaw.com) Rise Architecture – Applicant’s Architect (shimon@risearchitecture.com)