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REMINGTON & VERNICK ENGINEERS

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

January 8, 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 #1432 / Escrow #P32639 Applicant: Yosef Haim Minzberg Location: 156 Willow Drive Zone: R-1 – Residential Zone Block 8901, Lot 5 (Additional Lot 4) Our File: 1512-P-633

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 5 (additional Lot 4) into 2 proposed undersized lots (New Lots 5.01 and 5.02) in the R-1 – Residential Zoning District.

The subject property is located on the westerly side of Willow Drive. The 1.97 acre site is located in the R-1 – Residential Zone. According to the Jackson Township Tax Map, the site consists of 2 lots (Lot 4 & Lot 5). On the tax record the site is designated as Block 8901, Lot 5 and lists an additional Lot 4.

The site is currently developed with a 1 story single family dwelling with an attached 2 story addition, a detached garage, an asphalt driveway and parking area, and walkways. The site is partially wooded. There is an apparent gore along the southerly property line between the site and adjacent Lot 6. A 120 ft length of the existing asphalt driveway is within the apparent gore.

The Applicant is proposing a minor subdivision by reconfiguring the existing 2 lots into 2 proposed undersized lots (New Lots 5.01 and 5.02). The improvements for New Lot 5.01 consist of a future dwelling, a 18 ft x 36 ft driveway, a proposed potable well, and the approximate location of a future disposal field. New Lot 5.02 is proposed to contain the existing improvements. The Applicant proposes a 6 ft shade tree and utility easement along the frontage of both lots.

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

Yosef Haim Minzberg 102 Sultana Avenue North York, ON M6A1T3, Canada 416-447-2240

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www.rve.com

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II. SUBMITTALS

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III. ZONING

• A.Use:
• The subject tract is located in the R-1 - Residential Zoning Districts.
• The Applicant is proposing to subdivide existing Lot 5 (additional Lot 4) into 2 new lots (New Lots 5.01 and 5.02) for single-family dwelling use.
• Per §244-47A(3) detached single-family dwelling units are a permitted use.
• Per §244-47D new lots created by subdivision after the date of this section shall comply with the R-3 zoning standards unless connected to public sewer.
• B.Area & Bulk Standards for the R-3 - Residential Zone Per 244-46D are as follows:

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.

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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.
1. Per §244-46D the required minimum lot area is 130,000 sf, whereas 42,412 sf is proposed for New Lot 5.01.
2. Per §244-46D the required minimum lot area is 130,000 sf, whereas 43,562 sf is proposed for New Lot 5.02.
3. Per §244-46D the required minimum lot width is 200 ft, whereas approximately 102 ft is proposed for New Lot 5.01.
4. Per §244-46D the required minimum lot width is 200 ft, whereas approximately 84 ft is proposed for New Lot 5.02.
5. Based on the definition of Lot Depth and the configuration of New Lots 5.01 & 5.02, it is difficult to determine the lot depth. A variance may be required.
6. Per §244-46D the required minimum front yard setback is 80 ft, whereas 40 ft is proposed for New Lot 5.01.
7. Per §244-46D the required minimum side yard setback is 50 ft, whereas 20 ft is proposed for New Lot 5.01.
8. Per §244-46D the required minimum side yard setback is 50 ft, whereas 11.1 ft is existing on the south side of the dwelling on New Lot 5.02.
9. Per §244-46D the required minimum side yard setback is 50 ft, whereas 25 ft is proposed on the north side of the dwelling on New Lot 5.02.
10. The Applicant shall provide testimony to indicate the height of the future dwelling.
11. Per §244-46D the required minimum side yard setback for the detached garage is 50 ft, whereas 37.5 ft is existing on the south side of the garage.
12. Per §244-46D the required minimum side yard setback for the detached garage is 50 ft, whereas 23.9 ft is proposed on the north side of the garage.
13. The Applicant shall provide testimony to indicate the height of the existing detached garage.

IV. SUBDIVISION PLAN ISSUES

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

• A.The Applicant shall provide testimony to discuss previous approvals, and any relief granted for the site.
• B.The Applicant shall provide testimony to discuss the purpose of the proposed subdivision.
• C.The Applicant shall provide testimony to discuss the proposed configuration of the new lots.
• D.The Applicant shall provide testimony to discuss the maximum lot density and whether the proposed subdivision is in character with the surrounding neighborhood.
• E.The Applicant shall discuss with the Board the possibility of acquiring adjoining lands to meet the minimum 130,000 sf lot area and minimum 200 ft lot width requirements.
• F.The Applicant shall provide testimony to discuss the apparent gore and the location of the existing driveway to determine if the driveway is required to be relocated or if an access easement is required.

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• G.The zoning requirements on the subdivision plan may require changes as shown above.
• H.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 Willow Drive. 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.
• I.Per §244-198 off-street parking requirements for residential developments shall be in compliance with, and all parking areas shall 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 shall be provided to discuss the anticipated number of bedrooms for the future dwelling and the proposed number of parking spaces.
• J.The adjacent lot number along the southerly property line is labeled Lot 7, whereas on the tax map the lot is Lot 6. Revise accordingly.
• K.The minor subdivision shall be based upon a current boundary survey certified to by the subdivider and prepared or recertified not less than 12 months prior to the date of application, whereas the date of the outbound and topographic survey submitted is dated September 8, 2022. An updated survey should be provided.
• L.The Applicant should provide testimony to indicate how the subdivision will be filed.
• M.If the subdivision is to be filed by plat, the plat shall be in accordance with the Title Recordation Law.
• N.A letter from the tax assessor verifying the lot numbers shall be provided to our office.
• O.All required approvals shall be submitted.

V. VARIANCE(S)

• A.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, minimum lot width, minimum side yard setback for the principal structure and minimum side yard setback for an accessory structure.
• 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 the existing conditions for minimum side yard setback for the principal structure and minimum side yard setback for an accessory structure.
• 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.

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:

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• (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 site;
• l.To encourage senior citizen community housing construction;
• m.To encourage coordination of the various public and private procedures

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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

Mr. Yosef Haim Minzberg – Applicant/Owner (joe@visioninvestments.ca)

Mr. Charles Surmonte, P.E. – Applicant’s Engineer (ct.surmonte@comcast.net)

Mr. Salvatore Alfieri, Esq. - Applicant's Attorney (salfieri@cgajlaw.com)

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