e e e e e e e e e e
e e e e e e e e e we're going to call this meeting to order please rise for the Pledge of
Allegiance I pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible with liberty and justice for all this meeting complies with the open
public meetings act notice of this meeting has been published and uh the appropriate newspaper and posted on the municipal bulletin board and website roll call please Mr
Bry Mr Heyman is absent Dr hofstein here Mr Hudak Miss Parnes here miss Rosal here Mr Martins here Mr such is absent Miss Bradley here miss cypriani I believe we have
resolutions this evening um yes uh Madam chair we have one uh this is the resolution of the zoning Board of the township of Jackson County of ocean state of New Jersey authorizing a 2-year extension of preliminary and final major subdivision approval for property located at Frank Applegate Road Block
4402 dot sorry lot 30 uh 73 okay I need a motion in a second please okay we have a motion a second second roll call please Mr Bry
yes Dr hoffstein yes Mr Hudak yes Miss Parnes Miss Rosal yes Miss Bradley yes and do we have minutes this evening yes for August 21st 2024 meeting
not on the board in August please abstain we have a motion to Second roll call please Mr russie Mr Heyman is absent Dr hoffstein yes Mr Hudak yes Miss Parnes yes Miss
Rosal yes Miss Bradley yes do we have any vouchers this evening Elizabeth no Madam chair and any announcements this evening missani um yes number one on the
agenda uh Avenue or a Partners LLC um which had been carried multiple times I'm looking at the wrong one wrong agenda oh my gosh thank you
sorry let me reject those agendas um so some of that was correct number one on the agenda Tracy plays LLC um which has been carried from November 6th 2024 and January 15
2025 um is being carried again but I don't see the new date April 16th April 16 April 16th with no additional not notice yes and I think we should provide notice to him them of Our intention to
do so and I'll just because I'm I'm new is that usually done through the zoning office or through the attorney I believe Mr Murphy didn't okay then I will do so all right
um we need to SM on our professionals please raise your hand and uh do you swear that the testimony you going to present this board will be the truth and nothing about the truth I do and please state your name and position Mark rer board engineer
peterso assistant zoning officer Steven Maser uh conflict board traffic engineer thank you um I don't believe we're having an executive session this evening and no matters for discussion correct that is correct okay so we're
going to move on to application number two Cardinale and Jackson Crossing number two Adventure Crossing amended preliminary and final site plan six board members and please let the record reflect um that Mr Hudak has left
the D Mr alfery the floor is yours good evening Madam chair members of the board salvator alfery clear giobi alfery and Jacobs on behalf of the applicant this is um phase one of the Adventure Crossing project amended site plan approval it has received a prior
approvals which we'll get into momentarily I have to apologize in advance last month you were here to hear phases three and four and Mr bordon went through a long elaborate history of the approvals unfortunately since this is a
new application we have to have a record set again so we're going to do that try and truncate it a little bit but it's so it might be boring for some of you but we need to make sure the record's clear so um and I understand we're going to split the meeting with the other application so we'll get as far as we can we have multiple Witnesses but we
know we won't finish tonight and actually given the fact that we have a number of new members it's probably great did they get to hear yes Mr bordon summary okay thank you so we're going to request that Mr bordon be sworn and so we can qualify him Mr Rie we will and just I know you had uh been clear that
given notice that you knew we're going to tr uh split it but it's nine o'clock will be the end of the adventure proc okay fine just so you're clear on that Mr Warden do you swear that the testimony you're going to present to this board will be the truth and nothing but the truth I do and will you state
your name again and certainly credential before the record certainly Ian bordon president of professional Design Services Lakewood New Jersey licensed professional planner in the state of New Jersey licens and good standing testified in front of this board and many for many years Mr board and this
board accepts your credentials thank you thank thank you thank you so Ian um you heard my introduction would you like please run through the the approval history I know you sent Anthony a a bunch of exhibits today so direct them where you want to start I will just we'll start with a three please Anthony
we have uh exhibits they were provided a list to the board secretary and the board professionals this afternoon exhibit A1 is the copy of the application made on November 25th uh A2 is the January 7th letter by the former board attorney gerner Murphy
and then A3 which is where we'll start is an aeral photograph I'm going to start basically there's two components of my testimony this evening uh first is a history of the project and second is a very detailed
breakdown of what phase one is um from a Global Perspective touching on the key components of how things are being moved and what we're proposing uh but to start with and then
after that we'll get into the site plans but obviously time is short tonight so I don't know that we'll get there um so to start with the history uh the property uh this this what what is on the screen with A3 is the entire Adventure Crossing
tract phase one is a part of that we'll that that will be developed as we go through we have exhibit A3 to start with this is the first uh of A3 this is A3 D1 that's on the screen we have six of these uh the property which is which is
outlined in yellow which is the Adventure Crossing tract comprises uh Lots 1 through six 19 and 20 and block 3001 contained three contains 3 2865 Acres
um this property is has been in the H commercial zoning district for for many years the 2009 master plan particularly described uh this property along 195 between Six Flags and Route 95 which is on the right top right of exhibit a
3-1 um as a specific commercial destination um so there was there was close attention PL paid in the master plan and uh the township had great uh it was the objective of the master plan to make this more of a destination not just a
standard strip center uh so this project has been working since my time working on it which is 2017 to to accomplish that goal so we go we move now to exhibit a32 the next one please Anthony so this is where the project started and
this is uh what was what is lot two of the tract and this is the first property that was purchased by the cardali uh partnership and uh this property this project received a uh site plan approvals in 2017 and
18 under two resolutions 201731 and 2018-01 the project included an air doome two hotels indoor Recreation and outdoor athletic fields these will be common these these uses still remain and in fact have been constructed in the
project you'll we'll see that in a little bit um there was a D6 height variance approved for the airdome the uh outdoor athletic fields were an outdoor recreation use that was a permitted use in the highway
commercial Zone um and once these approvals were received my client the applicant continued with attempts to acquire adjacent property to complete this commercial destination that was the objective of the master plan and that
that leads us to a33 which is which is now you see the entire area that was in yellow in the first exhibit filled in with with development so there was Acquisitions made of the adjoining properties Lots one uh and lots four
five 56 34 4 5 6 19 and 20 so this is a general development plan that was created adding those properties uh to the project um I had educated the board a bit in the in the section phase 34 project about what a general development
plan is I know zoning boards don't see them very often but they are a u option under the municipal lus law on sites available on sites of more than 100 acres and GDP is basically a set of conceptual plant submitted to a municipal board prior to an
application for a subdivision or site plan and it gives the developer the right to to develop uh it it protects the application from zone changes and those approvals can extend for as long as 20 years so
so because the project is so large again 2865 Acres the GDP tool was a was the proper method to develop basically concept plans to protect zoning to lock in the uses and to uh so that's what we did uh this
this GDP that's on the uh exhibit was approved by the Zoning Board in 2019 under two different resolutions 2019-16 and 24 the GDP included the same uses in lot two which is basically in the middle of that that exhibit along
with additional commercial recreation or residential uses there were 502 residential Apartments 58 affordable units as well as as various commercial and recreational uses it introduced commercial pads along Mammoth Road including fast food and convenience
store the GDP this GDP was appealed by neighboring Property Owners along Anderson Road a subsequent settlement agreement required the applicant to abandon the GDP for the Eastern portion of the site located on 5619 and 20 that'll be on the
right side of of the map which then leads us to exhibit a 3-4 and this is the GDP that was submitted u in 2020 in in um as dictated by the settlement agreement so this includes Lots 1 2 3
and four uh the lots that are inside the yellow but shown not under any development are lots 56 19 and 20 to the right or to the East and along Anderson Road Anderson Road runs along the right side of I should have said this along the right side of this exhibit Mama
throat of course runs across the top and and 195 runs across the top corner so this uh this amended GDP was approved by the Zoning Board in 2020 uh for a 20year period that was resolution
2020-9 the res the 502 residential were simply shifted over towards lot one which is on the left side again lot two which is the original commercial approval site plan remained the same as well as the commercial pads along
Mammoth Road stayed the same so this GDP again was approved in 2020 with a 20 20-y year approval period we moved to a 3-5 uh even though U Lot 56 19 and 20 were removed from the GDP they were not removed from the project that is
extremely important they remain part of the tract so uh these uh this portion of the project um actually I skipped over uh a step here uh after the GDP was approved in
2020 there was an amendment made to the zoning ordinance this is the highway commercial Zone but the highway commercial mixed use Zone was created under ordinance 244-5777 [Music] with that zone which we'll get to under
the project as we narrow in on phase one but it's important to just recall that that that that that is a distinguishing feature of this Zone compared to others so under the uh now that the HCM U zone is permitted or is is adopted and that expanded the list of uses to
include residential uh other commercial as well as warehousing we uh we developed a warehouse plan for or phase what we call Phase 2 which is lot 5619 and 20 which is exhibit a 3-5 and
this proposed two Warehouse buildings comprising about a million square feet that that approval was issued for the site plan major site plan by the planning board because there were no variances required the use is permitted under the HMU Zone and uh the warehouse
development in Phase 2 has subsequently been uh been developed uh we moved to exhibit a 3-6 which is where we so now we see on the right you see the phase two as approved so now we're building the blocks as we took the GDP and subsequently went through site plans to
implement the vision of the site plan and the vision of the HMU Zone and here you see phase one the the phase one that that was the original lot two approved in 2017 grew to include Lots three and four which of those
properties along Mammoth Road with the fast food pads and the convenience store among other uses uh the the the key parts of the original site plan remained in place that being the air doome and the athletic fields in the
back uh this this major site plan which included Lots three and four with lot two was approved by the Zoning Board in 2019 under resolution 2019-16 as as well as 2021 by two different resolutions 20212
and9 um and what was added to this plan as compared to the original lot two um approval was those items that were contained in the in the GDP which is a Convention Center medical research facility medical campus parking garage
uh the parking garage is topical and we'll discuss that in the site plan for phase one because the uh the parking structure was determined to be a a use thereby needed a D1 variants because a parking structure is not listed into the
ordinance as a permitted or accessory uh use obviously parking is permitted but there's no no guidance in the ordinance about a parking structure so we were requested to get a D1 variance and that was obtained in 2021 as part of these
the approvals the inclusion of lots three and four along Mammoth Road with those pads uh created significant public benefits and truly implemented the commercial destination that this property was intended for because there
was significant roadway work required to Mammoth Road to reconfigure The Jug Handle uh the Pine Drive Jug Handle U and and create the main intersection with Pine Drive to create the fourth leg of the intersection into the project to
create the main access through the project um including again that existing uh Pine Drive or existing eastbound traffic uh reconfiguring The Jug Handle for for the millstone traffic uh
this much of this part of the project has been built including all of the public benefits all the Mammoth Road work the traffic signals has has all been constructed but staying on the tenor of the approval history of the project will move to exhibit a37 I'm sorry Mr bordon I don't want to
interrupt your flow but you were just saying and that was a question I had so I don't know if you want to address it now or later of what on this A36 has actually been built you just said something but it was hard for me to that's actually part of the next exhibit okay I I have very detailed exhibits
explaining what's built and what's uh you'll see that in A4 and A5 if you don't mind oh yes I do I I up by accident this is uh this A3 I'll go through this very quickly a37 is where phase three came into into play
obviously uh and then a38 is a is phase four phase three was a mixed use commercial residential uh project that was approved by the planning board in 2021 or 20218 and then a38 is uh this the zoning
board approved phase four if you don't mind Anthony go to the next one which is the these were on lot one so the the call it the front portion of lot one is A3 on the left the rear portion is A4 which was approved in 2022
by the zoning board uh with a hotel or third Hotel um indoor water park and a wave pool so exhibit 8 or U the site plan for phase three and the site plan for phase
four had no variances um the zoning board retained jurisdiction over phase four because it shared access with phase one which as I had just testified had a D1 variance for the parking structure so that shared
access was the reason the jurisdiction was retained and during the phase four hearings the zoning board retained jurisdiction over all parts of the Venture Crossing project regardless of whether variant is required or not so Ian before you move to the next exhibit with your pointer can you just show the
board how the this entire project shares access um through the various access points to 537 I can so here uh we have a phase one is here recall these are lots three and four that we added these are
the fast food pads Mammoth Road runs across the top here Pine Drive existing Road into mil Stone here you have the W wire across the street in the McDonald's so we have the as I had testified the fourth leg of the Pine Drive intersection is a major the main access for the Adventure Crossing
projects that runs down and into phase two and then we have The Jug Handle that I testified is is this it's a eastbound traffic on Mammoth Road to allow them to make a left turn onto Pine Drive and then our other main access is
Linda's way it's called called is there's a reversing Jug Handle to the west of the property if somebody's going westbound off of 19 uh 195 and uh watch to come into the site there's no left turn at Pine Drive so they have to continue West to reversing Jug Handle
come back on 537 either come down The Jug Handle or come straight to Pine Drive and turn right uh so that's the main access we have The Jug Handle continues on to phase two behind the pads right where I'm showing and then we also have Linda Way which
connects the reversing Jug Handle through phase three and four into phase one just one follow-up question the warehouses which are the furthest to the right do they have a separate access point or are they sharing that main access as their only way of in and out of the site they all they only share
access there is no access to Anderson Road uh there's no direct access to phase two other than through phase one I think it's important from a traffic perspective just it's it's kind of past history but but the mammoth County when they dualized Mammoth Road uh 20 years
ago I'm guessing it was always intended that there be a service road to connect the reversing Jug Handle With The Pine Drive Jug Handle um the lot one owner previous to to to the applicant actually had a developers agreement with the county to
uh to do improvements to allow that service road to be constructed so that's s what what we called in this way uh is actually the service road intended by the mammoth County Engineers uh Mammoth County Engineers
because Mammoth Road is the border of Mammoth and Ocean County and u under an agreement between the two counties all engineering duties of Mammoth Road rest with the mammoth County engineering department so while we're we are under review when we're required to get approval from the Ocean County planning
board Ocean County planning board we are also required to obtain an engineering review from Mammoth County engineering office as part of the Ocean County planning board approval I have just a question uh while we're talking about access so Linder way or whatever
the name of was um the traffic on that road also goes to the other part that we other application that we correct previously yes so that uh a lot of the traffic coming into this section of eventure Crossing is going to go through
that area where the other uh units are housing units are I I think well that'll be traffic testimony doctor but most of the traffic I think you'll hear is oriented from this site towards 95 195 in other words the the the the the
um the traffic from phase one does not generally go westbound it goes eastbound but yes the the traffic is shared that's the whole whole point of the project in large part is to create this this large project where residents have commercial businesses to to
frequent uh and and uh and be employed at okay so somebody coming off uh 195 and they want to get into the project here yes uh they can't make a left they have to go down to with the other they have to go down to this drug
handle on the left side okay and then and then they have a choice they can either do a U-turn and go back down Mammoth Road and turn in okay or they can go straight down and come down Linda's way okay okay certainly my opinion is and I'm not a traffic expert but if I'm frequenting uh either a
resident of phase one or frequenting a business in Phase One the quicker route is to go down mamath Road and just turn right into the site but they can certainly go through Linda's way if they choose so that is the uh is the history of the project
um so now we move into the description of what we're uh what we're proposing uh which is exhibit uh A4 can I sorry can I just ask one question before you uh move on it's more
clarification right so in total there's four phases yes okay and how do you defining phase so it like like for example construction Phase 2 can't start until you do phase one so it's not really time
it's not how do I Define a phase here I appreciate the holistic that's very helpful but I just want to bring it down that's a good question and and the answer is that the phasing was really more function of chronology than than because obviously phase two was
constructed and phase one is not yet constructed fully so it's really a matter of chronology chronology not related to when construction can start or one is dependent on the other with chronology of when the plans were developed or chronology of marketing
marketing yes okay yeah thank you and and infrastructure there was a lot of infrastructure development of the property I mentioned the roadway infrastructure there's also been significant Water and Sewer infrastructure development through the
project right okay okay yeah but the takeaway is one is not dependent on the other really they're kind of independent and that yeah they're all part of the same project right um the only one that's truly dependent as Mr alery said is Phase 2 because phase two does not have any access other than through phase
one gotcha thank you so here we have a an aerial exhibit a recent aerial exhibit which shows the property as it currently exists so this simply shows the phases we have phase one in the center here uh you see the black lines that differentiate it again
Lots two three and four we have lot phase two which you see is completed on Lots 56 19 and 20 and then you have lot one which has phase three in the front and phase four in the back and there are significant areas of wetlands between the frontage between Phase 1 and phase
three and four and along the rear of phase four and the rear of phase one those were all delineated and approved by the state of New Jersey um so what we now FOC focusing on phase one
now we get into what I had testified in the earlier exhibits that phase one had received and amended uh site plan back in 20121 uh we're seeking to amend that site plan again with what we're proposing tonight U and then here you
can see what's actually been built so to make things even more confusing to the question on the phasing we now have our subphases thanks I was told today we should have named him something different but I I don't know subphase I suppose or I don't section I I don't
know but uh some anyway we have we we the 2021 uh approval has uh has five different uh phases for um inside phase one which is Phase a which
is the front commercial pads and the convenience store that's the Taco Bell the uh popey's the 7-Eleven and then the mixed use commercial building that has Starbucks and Panera or Panda Express I
keep saying Panera P Panda Express U and The Jug Handle that's all completed and occupied then we have phase B which is the uh the aerodome which of course is completed we have the athletic fields in the back which is one of the first things completed there's eight athletic
fields Synthetic Turf athletic fields that was phase C and then we have phase D which is the remaining portion along Mammoth Road not not completed we have phase uh e which
is the interior area which will be a big focus of this application and then the area below the airdome which is our our last subface and that is also so these three portions of the site are incomplete the infrastructure has been installed there is part of the parking constructed here there's solar panels
and parking but um but uh the the uses that are approved in those areas have not been uh have not been constructed and and that leads us to the next exhibit which is exhibit A5 Mr board before you move on I I just
may ask and you may choose to address this at another time um I noticed there's a l a designation um looking at phase two where you talk about the phase limit and the project limit and you had testified earlier that though phase two those
properties were removed from the GDP P that you consider that they were still part of the project at some point whether now or later I'd like you to address how you're making that distinction absolutely that's part of my testimony later that's correct and that goes back to the track
definition in the HCM U zone so you we we'll review that when we get into the zoning um so then we get into a5- one Anthony if you don't mind so so
or so this is simply the uh this is actually A5 this is this is actually the site plan as the board has in their packet of plans and this just simply is the proposed uh uh site plan uh let's go to the next one Anthony
please so it's it's very confusing because there's a lot of moving Parts here on what we did to to phase one between 2021 and today um and we what I did was I'm trying to
thought of ways to educate the board on these things on a on an item by item I want to go through every single use in Phase One in how we moved it uh because what we have here is uses moving around uses are not being removed as is
publicly being stated by many people so this is uh so what we what we've set up is the next U I forget how the remaining A5 exhibits are set up with the approved site plan on the left side and then the
the proposed site plan on the right side and every exhibit is for a particular ular building or use so what we show and I'll this this is uh example uh one uh a 5-1 is you see in the brown here the
larger Brown square is the air doome that's building 200 in front of the airdome is that commercial or the uh Rick and mortar uh commercial area which contains a bar and grill as well as the indoor
Recreation U the blue is an expansion of that um between that existing building and the the main access road and and that expansion of that commercial and this amended proposed amended approval basically stays the
same so that's a single story expansion of the existing commercial building with with the same use that was permitted in 20 or approved I should say in 2021 which is uh uh commercial uses similar to what's already approved including outdoor dining
um so that That Remains the Same as uh as the current approval building is not the is not built the brown two to the left have been built blue that's correct yeah anything that I show in blue is not constructed yet but but the we shaded
the brown here as well as you see the the 7-Eleven up top the two fast foods they're all shaded BR because they exist you see the athletic fields on the bottom as they exist and then I also we also shaded the gray the main access road as well as The Jug
Handle and the phase 2 access road because those those exist as well what is in white underline these will be these will be in subsequent exhibits as we illustrate what happens to every single one of these those none
of those have been constructed so then we go to a5- two and here we have the Hilton Hotel that was approved in 2021 this is a hotel with 150 rooms in banquet we're simply moving that from
uh from from this location to phase D recall phase D is this area up along Mammoth Road um so so the hotel is moving up to that area the two fast foods and a restaurant that were previously approved in 2020 21 have been
eliminated uh hotel number one we we never called it that I think that's been picked up by other people but but it's but it is our I I believe it's Hotel one because this has always been the one that's been intended to be built
next if we had a if we had a different econ economic climate for the last four years I think it would have been built but uh that's not the case I may just to reiterate Mr bordon so in in Phase D1 or 1D whatever we're
calling it um the two fast food restaurants the retail office and restaurant will be removed from the project the fivestory 134 room Hotel will be moved to this phase from phase e is that
what's happening that's correct okay okay and U and then the five story oh okay this is the same story okay okay so the hotel shifts okay across this internal access road and the two fast foods and other
restaurant building are removed I'm sorry we're going to get to that in a minute sorry that's a subsequent exhibit we'll see that in a few minutes so then we move to uh a 5-3
which is hotel number two which is building 240 on our plans this is what we call the Marriott Hotel this is the hotel in the left on the approved plan it's down along the main Access Road um we are moving that to the
uh opposite side of the axis road that will be constructed on top of the commercial single floor or single storage structure that I described in exhibit uh a A51 and there'll be access so that hotel
is simply moving across the main access road and there'll be access directly from the hotel into the convention center that's the intent okay forgive me say that again the question or what I said I'm
sorry it's being built where on top of uh that that expansion of the commercial area that we're proposing so it that expansion recall exhibit a5- one was the blue right here now we have the blue basically in the same spot so this this
that that expansion is a single story brick and mortar same height as what's already there and then the hotel is being built on top of that so the lobby will I guess architecturally will be will be in the U in that commercial uh
space and then you go upstairs to the hotel what is theal propos building 200 alone and building 200 plus Building 250 um what is the
put oh the uh the hotel the the the combination of the uh commercial with the hotel would be six stories because the you have a single floor commercial with a five-story hotel above it so you're going to need a a variance
for height not not for that building I I should have noted on a I mean I have a summary of the variances we need at the end of this but the the uh a5- uh two which is moving the hotel
the previous one we moved the hotel to this location moving the the Hilton Hotel to to this location requires two variances one is a uh a height variance a D6 height variance and uh also requires a c variance for a setback of parking to the
uh Mammoth Road RightWay just generically I we'll get into the details of that when isn't there also a this is a53 that's on the screen now no that's a54 that's A5 D4
sorry I'm sorry you are correct my numbering is messed up I apologize yeah my numbering when I originally testified was a bit off so what's on the screen now is A5 D4 I'm sorry and this is the marot hotel right
Mr correct okay I made up Nice Notes then I added one ahead of them and forgot to reum them on my notes so thank you for that clarification Dy chair if I remember correctly wasn't there a height variance granted to the
Dome yes okay yeah the the the air doome preceded the uh the ACM U Zone the ACM U Zone allows Heights previous to the acmu Zone when we first did the first 2017 site plan of lot two the AC Zone only
allows a height of 35 ft The acmu Zone has a height of 35 ft but it allows height to be extended 1 ft vertically for every 10 ft of additional setback so the farther you set back the building from Mammoth Road the higher the
buildings can be it is that's correct we were just trying to emphasize the the different changes don't there's nothing in in we were just trying to emphasize the
uh the moving of the buildings not all the details of the approved cite plan I don't believe so I don't believe so I was trying to emphasize that's staying the same on that exhibit
A52 so then we're on a54 now that's Marriott hotel now we uh move to a 5-5 which is the building 200 so in the 2021 uh phase one site plan approval we we added the convention center which is located on the left on
the approved site plan here that's building number 250 so what we're doing with this proposed amendment is moving the convention to the airdome that doesn't mean that we're building we're tearing down the airbone Dome and building a new building we're just using the air doome for a convention
use right now the air doome is used for Top Golf and other indoor recreation activities it's also approved for assembly uses uh and we're trying to integrate in a convention use in with that existing structure so you are eliminating
a standalone convention we are eliminating the Standalone convention center but not eliminating the use the use would move it just a it's a more effective use of space that's already existing there's no reason to build one if we have space that we can use
today and and how would you plan that what kind of indoors if you have a show if you have a a convention you have to cover everything that's in there with some type of they just have boards they put over it's synthetic grass inside the Dome they
just have boards they fold out boards they put over the grass so you could have entertainment and regular conventions anything you want then we move to a uh 5-6 adjacent to the convention center in the 2021 approval was a parking garage
recall I testified that that was the singular D1 variants that remained after the HMU Zone was adopted uh so that Ed was approved next the The Concept was the parking garage is really needed for the convention use so it was located adjacent to the
convention adjacent to the Marriott Hotel so on when we now we are proposing to move it back across the street next to the airome um again because the air doome was being used for convention and we have the Marriot that retains that
interconnectivity of the parking to the convention and the and the hotel consist with the interconnectivity of the approved use in interestingly before our 2021 approval the parking garage was approved in this location so so we we had it
approved here we moved it to here now we're moving it back as we trying to navigate these difficult uh economic conditions and changing Market so now we move to a 5-7 and the area that is in the last
exhibit that that's the proposed location of the um the parking garage next to the airome this was approved in 2021 for the medical uh campus the research medical research as well as a Medical
Campus those are building number 260 and 270 uh those uses are being located off the the project I know it's a bit hard to see on this areal but this this is the proposed site uh of this uh of the
Medical Campus it is uh not the subject of this application there will be a future application we're not sure we're developing the site plans now so we're not even certain which board it would go to uh may come to this board it might be at the planning board but the U but the
uh this is a property that is currently owned by the applicant it's block 3101 Lot 29 and this is on Mammoth Road it's One Mile West of the property so it's this way uh this is the Six Flags parking lot this is Six Flags theme park
with Hurricane Harbor right here so this is a mile down the road this is actually one of the main access roads uh from um Six Flags parking to uh to westbound 537 so that is a property that's currently owned by the applicant uh my office is
surveyed it and we're developing site plans to develop uh these medical uses on that piece of property again that's really just for educational purposes of the board it's being eliminated from the project but it's not being eliminated from a use
that that is really part of the we consider this part of the project but it's obviously not part of this amended phase one other than the fact it's being removed just one one real quick question as you said it's not for this so in blue
that lot that's the only thing everything around it's not owned by the right not owned by this project this lot yeah that lot that's correct all of this property here is owned by Six Flags got okay uh then we move to
um a 5-8 and and this is where we get into the new mixed use commercial um complex or building that is Phase e remember this is Phase e that phase D is
up here where that Hilton hotel's going so now that we through the subsequent exhibits we've moved all the uses off of this area right we had two Hotel the convention and the parking all of them have moved elsewhere in in phase
one so now we are filling in this area with our the the really the meat of this project which is the mixed use project so what you're looking at here is the ground floor site plan and you see the blue is the new commercial so this is a new commercial
uh that did not exist in phase one before uh this commercial um I had testified in phase three and four that the commercial the mixed use commercial in phase three that was approved has moved and this is where
it's moved to so this is 65,000 Square ft of new uh commercial use in phase one now we move to exhibit a a 5-8 or 8-9 I'm sorry 5-9
we have a new our new hotel this is our third Hotel I had also testified in phase three and four recall that there was a a third Hotel approved in phase four that hotel is moving to this location and that leads to a 5-10 which is this is this is uh the
residential uh buildings that are introduced now into phase one so we are proposing in these residential buildings 641 residential Apartments of which 58 583 are Market apartments and
58 will be special needs affordable units I I'm just giving you a brief overview now we'll get into the parking and the the all the different site plan components later but uh just as a again
a broad brush over this um so to to summarize the what what is now the complete phase one just chair uh you're talking about the uh 641 units and what it includes
and so on we'll go into that with more detail of course particularly the density of the area and what is permitted yes okay yeah I'm just giving the broad overview now just trying to educate at the board paint the picture so what we have at the end of
all this with our amended phase one are commercial uses total in three 237,000 86 Square ft with three hotels uh two of the three hotels have banquet facilities one of those hotels with banquet has a
bar and dining those are consistent those three hotels have been previously approved we have not lost a hotel we have not diminished a hotel uh we have the 641 res residential apartment so which 58 would be special needs housing uh there's parking but and there's a parking garage structure at
the rear of the U of this multi-story mixed use building U so we now have two parking structures we have the parking structure that we moved from phase uh e to f as well as a new parking structure so we have a parking
structure to support the commercial residential hotel as well as a parking structure to support the convention and the Marriot at the end of the day and we we'll get into them I'm just giving broad Strokes here now the total of all these parking
garages and all the uh accade parking is uh 4,998 uh parking spaces whereas I think it was like 4200 are required you that second I didn't write it in my notes and I was
starting to remember it and I wasn't sure of my memory the required amount of parking is 4522 Jean we're going to have a transcript too which we'll send to the board and you so you don't have to go crazy with the notes but thank and I'm I'm happy to share my
notes as well if that might be helpful I guess the next step is to get into the uh so let's get into the site plan and the zoning and and the density so the acmu Zone contains U uh under 244
572 57.2 e uh only permits residential where track complies with uh the track requirements under 57.2 d uh and those are uh and this again goes back to the original exhibit of the tract which is
the 2865 Acres uh the the track requirement this this ordinance was specifically developed to not allow any one or even any two or three of these various Lots we call the Lots were lots 1 through six
19 and 20 and this this ordinance was specifically written to basically Force these to force the ACC the uh the consolidation if you were of all these properties into a single project because they didn't want a smaller project or a
small smaller accumul ation of these properties to to be able to utilize this ordinance so the minimum tract area under under these that section is 70 Acres the track width is 2,900 ft contiguous feet which is very important
track Frontage is 2,900 ft and the track depth is 1,000 ft so as presented from the original GDP including uh through the phase 2 site plan because recall the phase two site plan was approved by the planning board
uh and even though it was not part of the GDP it was still considered part of the tract and it was because of that reason that the warehouse was permitted on that tract if that property was considered to be not in the tract and part of the HC Zone the warehouse is not permitted so that that's a very
important point in my opinion that that emphasizes the fact that Phase 2 was part of this tract and always remains part of this tract and thereby uh so the the the empirical standards by which we complied with this traed area is again we have 2886.363636
[Music] [Music] proposed in in Phase One and the number of units it's in the separate application in phase three and four uh that equals the U the density of 4.0
units per acre now it's also important to understand under the ordinance that the ordinance allows a technical subdivision and and a technical subdivision under the ordinance is required to be a minor subdivision and
and and any the variances are not required The Zone requirements are not applied to the uh to the to the lot Dimensions uh because the purpose of the subdivision is for ownership ownership there's so many components of this project it was necessary to have
flexibility for reasons of ownership and financing so um to the extent that to the extent that parts of the project I know the planner's letter makes points that that that there's been condom minum documents filed uh and and ownership might have
changed like a phase two for example it's still part of the tract as part of the density as part of the original uh tract which upon which the approvals were based and Ian I'm just going to refence two points one is um I had a discussion with the board attorney prior
to tonight and the issue of density was raised and we had agreed that we would PR prepare a written memo to because a lot of it's going to be interpretation understand um so we'll provide that between now and the next hearing whenever that is so you'll have plenty of time for your professionals to absorb
that thank you I was to make that point as well obviously Mr putting information he thinks is important the record and I assume that your memo will make some hay yes and and just
again and then when Mr bordon discussed the technical subdivision specifically and again that'll be in the memo it specifically says in the ordinance that the intent is to allow um the subdivision to create separate lots for the purpose of financing or the transfer of ownership so it was always
contemplated that either they'll borrow money to build these sections and or sell the properties to build the sections but we'll get into that but then before okay then excuse me will will the what you're going to provide us will that answer the questions that Mr P
has had about how many are permitted you both have different numbers and there's there's a wide difference between we agree we agree we think we're right but we we have to prove it to you and to Mr Peters in particular um but Ian
everything you've shown the board is just a bird's eyee View and I know we're not going to finish tonight I wanted to see if you could jump to the end just so they could see some of the architectural rendering so they could put this in perspective as to what they're really looking at we
do okay you want to get any I think I'm going to jump right down to the uh to the renderings no I I'll start and uh we we have a number of architectural renderings are exhibit A7 a71 through
a724 uh but I think what's I think maybe just to start with just if you don't mind Anthony jump to uh a716 and and we will have an architect at a subsequent he's here tonight but at a meeting to give you a lot more detail on the architecture we just want you to see the building so you see what we're
talking about so here here scrolling through the boring building renderings but what the architect has done is these really nice street views perspectives you didn't make these with AI
right okay I I attached the wrong PDF seems like I attached the wrong PDF file I only got about 10 of them today he's got a he's got a board in the back are you looking at 816 yeah Mr
bordon Mr bordon I think that the board has them in theet they do cop let's just let's just work theop if you if the board members flip on their we just have one second we think they're there um we you have the hard copies but
we're going to try and get them on the screen the other side too yeah while they're figuring this out if the board members look at their packet that I handed out you'll see at the towards the back there's a numbers if you look at
a13 oh a13 yes that that's the first perspective rendering did we all see that yes so so that is a that is a perspective in aerial architectural perspective looking from Mammoth Road towards the U East so
you see in the foreground Mammoth Road is on the left side you see the pads in the front you see the two fast foods in the 7-Eleven in the immediate foreground the air doome is obviously very uh visible with the uh with the fabric Dome you see the parking garage to the right
the athletic fields in the back right the uh the Marriott Hotel in in front of the airome and then across the main access drive you see this multistory uh structure with the commercial on a first floor uh residential above and then in
the back of that you see the hotel so this is the multi story mixed use building that is the real key to this proposed amended on the left on the left you see the Hilton hotel along Mammoth Road Ro that's correct that's the top of
the parking deck that you see in the very back and the parking deck that entire back e basically yes yes from right to left it expands the rear of that entire building so so I not the parking is only
in in those areas where you show a car right the other buildings that have the roof and they're white that doesn't mean you can park there right that's not a parking spot talking about the parking deck behind the building yeah well I'm saying basically can I go from this to here no
right this whole section here is not parking you can't drive into what appears to be a pool well you drive into the parking garage uh from both sides I believe I think I got thanks you're just seeing the cars on the top of the deck on
roofs that that is that'll be the architect's testimony there on on the hotel there's a rooftop deck with I believe diing D dining and outdoor po pool so I mean this this really is a showpiece there's nothing like this uh this is truly the destination in my
opinion that was envisioned uh 26 years ago in that original uh 2009 master plan I'm sorry just so we're clear the site plans were submitted with part of the
application don't show rooftop pools or dining corre um well the site plan wouldn't show it but I believe the architectural plans do architectural plans were submitted I I can't tell you where any I what exactly yeah here you
go thank you thank you steart yeah so there's a13 up on the screen so here you have the there's the the hotel and the parking deck in the far back the mixed use on the roof I I don't know that that's for the architect I
don't I don't know that type of detail I'm sorry you might get a little better view from A14 or the the next exhibit [Music] so here we have the aerial view looking Northeast so here we're
looking uh in the foreground here is the um is the convention on the left the parking deck here the athletic fields are right we're basically on top of the athletic fields and we're looking out towards 195 the Outlet's in the distance and you have the Hilton Hotel on the
front MTH road is along the left side here so here you're looking you see the mixed use the commercial on the ground floor the residential above the hotel in the back and the parking deck in the back sorry I'm just still a little
confused but so parkings in the back when we talk about pool for example on the right side at the very end that's the pool that I think it's in this area the this is a parking deck okay and so the rest of it oh this here white what
is i i i the architect will explain I believe I assume what that is is a recreational amenity okay and that's where I was thinking maybe you could park or something no no no something I'm not sure what yet he'll provide more detailed testimony there's a lot more exhibits here but I believe that's a Rec
residential amenity right and I I'd like that testimony to start with what shown on The Architects plans that were submitted as part of this application are not that okay if not get them up here now and let's get them in and we'll go through building plan A5 it doesn't show that so it's not I don't mind that he
has a drawing I mind we get into details that aren't part of the site plan and they weren't submitted they're not reviewed they're not commented on that's my concern is we're mixing apples and oranges that's not part of any submission that the board has right
now I the intent of what we're doing tonight is not to get into these types of details I'm answering the board's questions Ernie well I thought I was educating so on that note maybe we should leave for the night we could we could get back I we just want to do the to see what the
buildings look like because you only saw them from the sky you didn't get to see them in the other perspective but we don't need to go further with this we make and we agree these exhibits were not submitted to the board because we just got them today for the purpose of
the presentation we will make a formal submission my understanding of what Mr Peters was saying and I'm he's more than capable of speaking for himself but just to so we know where we are is the board is looking at what's the they've been Pres presented with and taking it in and
to the extent that it's supposed to be part of the board's uh reflection and making a decision on the application in order to make a decision on the application the architecturals or the site plans are going to have to contain
these elements otherwise the board will have to disregard the element I think that's why the suggestion was made that the board's being confused because if Mr Peters hadn't told the board that they would not know if they we're g to vote tonight which they're not going to um
that they were approving a project with these with this rooftop parking and these pool up you know rooftop pools so if that's going to be part of what the application is then that in that has to be submitted in a correct form for the
board to consider and we will um but I think we've gone far enough with these types of exhibits at least you can see now what the buildings will look like instead of the aerial view we can we can continue with um some of more site plan details because we do have a little time
if you don't mind and then we will make a resubmission a new submission of all the new architecturals thank you was chased because we show the pool I I've completely lost my train of
thought now because I'm focused on a pool uh we got time okay we keep going I just felt like we were doing a nice presentation of a plan got way for a detail that wasn't relevant um okay so let's let's break
break down the other uses I talked about the zoning uh the density for the residential of course there will be a legal memo prepared for that as discussed um uh we do require a singular variance for the residential units and that is
the uh the length of a building the HCM U Zone does require that the buildings have a maximum length of a residential building has a maximum length of 220 ft uh that's pursuant to 244 572 e six we do exceed that length in this mixed use
building because of the shape of the building uh that will provide planning testimony at the next hearing again I'm doing the overview uh we have the various commercial uses that I described at all permitted um and I'll break them down a
little bit more we have The General commercial uses which is the first floor commercial use in Phase e is uh they're all permitted under 244 57.2 a a 48 we have the hotels we have the three
hotels again hotels are permitted as a conditional use the conditional use is found in 24412 uh there's minimum lot area with Frontage depth and building coverage requirements uh we comply with all of
those uh we would i' rather than take the time I can do it if you want but to break down each one of those those uh we'll provide that in our subsequent submitt that we'll make before the next hearing but the minimum lot area is 2 Acres
um and we exceed that uh the minimum and there's also a lot area per unit of accommodation be less than 1500 square ft we meet that as well we'll break that down in the subsequence the middle we meet the width Frontage depth and coverage we meet the setbacks as far as
the building Heights as I testified previously the building Heights are 35 ft but may exceed under the acmu Zone the maximum height requirement uh based on the setback from Mammoth Road that is 1 foot of additional vertical height permitted
Beyond 35 ft for every 10 ft of additional setback as I previously testified the uh the phase D Hilton Hotel requires a D3 variants because the uh height of that hotel is 56 ft that is
the same height that it's appr proed that from 2021 but we did move it closer to Mammoth Road so because it's closer to Mammoth Road the maximum height of that hotel is permitted to be 42 ft so we we will be providing some testimony subsequently hearings for
the the variants the uh the remaining two hotels the the second building 240 in Phase C and the third hotel in Phase e uh do not require height variances is due to their uh increased setbacks for
Mammoth Road uh I believe I testified again we'll give pling testimony later but the uh there is a SE iring required for the front setback of the parking to the uh phase d uh Hilton Hotel the ordinance requires a a 20 ft setback between
parking and RightWay and we are proposing in 13.1 ft that's just that's just the C variance the the next use I want to discuss is the parking garage I noted that the parking garage did obtain a D1 use variants in 2021 uh We've added a second parking
garage structure so obviously we've increased the intensity of the non-permitted use so we'll provide planning testimony for a d uh a D1 us iron for the second parking garage yes uh quickly going over some some not
going over s plan details but just on again a macro perspective we do have the 4908 parking spaces provided uh where 4522 is required we will provide the required number of adaa and EV ready spaces the planner letter had numerous
circumstances of of numbers and percent percentages of both we will comply in all respects I will say however that the parking will comply for the entire project uh we're not required to comply with the parking either the amount of parking or the EV
or Ada on a per subphase in other words phase A B C D E and F do not need to individually comply but the project as a totality will comply because the project has shared parking and uh shared access
between all of the uses U signage for the property currently there is the large freestanding sign that has a significant 458 ft area which is animated that is that sign is existing Adam Mammoth Road there's no modifications proposed to that sign um
there is no additional uh sign uh proposed the 2021 approvals had three Monument signs typically we we have been permitted to have a separate Monument sign for those pad sites located along Mammoth Road Popeyes and Taco Bell and
7-Eleven for example and we had three ground signs proposed for the two fast foods and or approved for the two fast foods and restaurant approved in Phase D in 2021 now that we're removing those and replace them with the hotel those three ground signs become one we just
need the one for the uh for the hotel to be consistent with the sign package for the rest of the proper property just as a general uh statements the the the project uh is serviced by public water and sewer all of the infrastructure has been constructed all of the water mains the sewer Mains the
sewer pump station which is located in phase four all have been constructed uh additional services will be required for these shifting of buildings and the new mixed use building but uh the the basic infrastructure is in place and will remain
unchanged uh the the area that we're proposing particularly the mixed use building and and all the uses really have already been approved for these various as my various exhibits showed various commercial uses so as a result
there is no additional impervious area created as part of this uh Amendment so uh the site does not meet the definition of major development under the New Jersey storm water management regulations and
uh because we do not propose uh a quarter acre of new impervious area and otherwise there's there's no change to the uh statement of operation that was submitted in the original project the statement of operation identified the hours of operation both
for the commercial use as well as the outdoor fields and the hotels uh none of that is changed uh by by this uh proposal to amend the approval I can go over that and rep you
said yes and so it's your position that there's not an increase coverage so there's not a need to provide enhan storm water management
correct the storm waterer management was constructed as part of the original approval um there's there's a number of storm water basins that have been built and are operating today out on the property and um simply that by not adding
additional impervious there's no change to those basins required yeah no I'm I'm done so um that this is probably a logical Breaking Point the next meeting we we're going to submit the architectures we're going to have the architect come up and
provide a lot more detail to those exhibits um and your professionals will have a chance to issue amended reports to to address whatever we resubmit and we'll also provide that legal memo and whatever else the board thinks they need
to say and also just in terms of the procedure I don't know tonight um I don't know if he can continue his testimony he'll he'll definitely be back to put planning testimony on and he may be back to
supplement what he did tonight but if you want to have questions tonight he's also here does matter would be to go through the testimony to go through take at this time we're going to open it to the public anyone wishing to make comment about what you've heard testified to tonight please feel free to
come forward at this time seeing no one from the public come forward I'm going to pull uh close public session uh Mark or Ernie do you have any questions or any comments you'd like to make not off the initial testimony no okay
members any questions Dr H just a curiosity how many residents you anticipate bu to you have an outside number how many people well I know we
have 641 units how many how many PE yeah I'm do you have the bedroom counts for the unit we have a bedroom mix I'll provide that we have a 3161 bedroom and 325 two
bedroom any additional questions for Mr Gordon no really just procedural question um so I have some questions but I don't think it's appropriate for me to ask right now but relates to the testimony I can say this is not like
speak now forever hold your peace right I can ask next time um yes the uh representation is that Mr bordon will uh be returning and be available for questions from the board okay that's great yeah just because of time and everything I'd rather
to so do we have an excuse me do we have an established new date Gina for when they can come back I'm sorry Mr Peters M it might seem odd but could we just take a two-minute break to go over the scheduling because there was a request
from another applicant at a future date for another hearing you guys don't have that in front of you I don't think so before we dismiss this applicant if we could just talk about it for two minutes absolutely thanks just give us a few minutes to get a date and
great e e e e e e sure um sorry we were just uh going over the schedule and it appears May 2 first
would be the return date or the next date is better way to put [Music] it no further notice required okay that's fine so you'll announce to the public May 21st Works uh
7 o' on no notice to the public not that there's many here uh yes I said it and I'll say it again yeah I'm sorry I didn't hear that May 21st 7 o'clock no additional notice thank you and we that gives us time to make a full submission
and for everyone to review it thank thank you thank you and we're gonna we'll take a short break and then we'll start at nine o'clock with the next application thank you for e
e e e e e e e e e e
e e e e e e e e we're going to call the meeting back to order and we're going to move on to
applicant number three Israel burn Brown use variant 3490 Miss Jennings thank you good evening uh for the record I'm Donna Jennings from the law firm of Wen Goldman and Spitzer as the board is aware the applicant is here this evening seeking use and bulk variance approval
to permit the use of a tent as a temporary Sho at property located at 263 Jackson Pines Road and identified as block 14001 lot nine in the Township's tax map the property is located in the R3 Zone if approved the applicant would return
to seek site plan approval the applicant's proposed Shool is temporary and will only be used until a permanent house of worship is constructed to that end the applicant has already received site plan approval from the Jackson Township planning board for the construction of a permanent
Shool located at 217 Brewers Bridge Road for that project the applicant is completing its final resolution compliance items and expect to receive building permits shortly currently in addition to the tent the proper proper is improveed with a single family residence which is the residence of the
sho's rabbi and will become an accessory use to the Sho the property is also improved with a pole barn gym which is used as a wrestling school with limited hours open only in the evenings four days a week that use received approval from this board in
2009 when the applicant originally submitted this application back in 2023 the proposed house of worship was a conditional use subject to the standards of ordinance section 244-1519 3 which became effective in early
2024 the house of worship use was converted into a permitted principal use subject to the bulk standard set forth in ordinance section 24446 G4 of the amended ordinance as a result of the faval ordinance chains the application no
longer requires a you variance for the conditional use standards for the house of worship itself however the applicant is still seeking bulk variances for minimum side yard setback to allow the existing residence which is now considered the accessory structure to be in the front
yard of the house of worship and for minimum landscape buffer uh the applicant does now however need a conditional use variance to permit the wrestling school to remain at the rear of the property um because it
was approved back in 20 09 as a home occupation where the operator lived in the single family home and the wrestling school was deemed a home occupation he no longer lives there actually hasn't lived there since the sh went there back
during covid so um since we're here we'd like to get everything kind of squared away with respect to the uses on the site and the structures on the site uh so hopefully we don't have to come back again M Jennings may I ask you a question now or did you want to you can yeah just because I'm I'm just trying to
to clarify so I understand um the request regarding the wrestling school that it's no longer uh acceptable it's a home occupation because home isn't occupied my understanding from the application is that you are seeking to
have the pole bar and wrestling school become a principal uh structure or use but what you just said now I just want to make sure that I understand what's going to
happen under this application sort of long term would be that the single family home would be an accessory use to the Sho which makes sense today but I believe that the application had and you had just um before on the
record that the plan is that the Sho is already received um site plan approval and is moving to 217 Brewers Bridge Road in the next couple of years you in the foreseeable future what would be the status of the
single family home once the Sho is no longer on this site I believe it would be a principal use a single family home and then you'd have two principal uses correct and that was called out in Mr Peter's uh review letter so it's kind
of a weird ask but we want to ask for the D variant to allow two principal uses because the Sho is is something temporary in time thank you okay if if the uh pole bond with the wrestling
school is on the property and it's a commercial for commercial use and it's a principal use doesn't it make the property a commercial use you asking to us to approve a commercial use in a residential Zone well it's already
approved and it's been there since 2009 well well I was on the board when that was approved and the owner of the wrestling school lived in the house I remember him coming before the board and he was basically a a home business use so and
which was legal un under our ordinances but this is completely different you're taking a separate entity which is commercial and asking for it to be the Principal use in the residential Zone that is correct from a land use
perspective but from a practical perspective it's being used the same way it's been used since 2009 when it was approved at some point we're going to get testimony and a planning argument because I think it's important to set forth what the original
approval was for somewhere in here we said we're going to straighten this out so something got built apparently without permits or approvals and now we're in this how do we deal with it on a temporary basis until something else happens is that a fair assessment I
would say that that's fair and then so I think we need to go through again while I don't I don't ever think Miss Jennings doesn't tell us 100% of the truth I think we need to sort of elicit some testimony from folks about what happened what it was called what
their argument is about where we are now and then what they're asking for I think that would I think streamline it or clarify it because the confusion I know everyone sort of jumps to the the the existing tent on the deck being a
principal structure I think we let them present their case and then I think we can ask a thousand questions that make sense yes it does thank you can I just ask one question though not about the use itself I just want to go back to something you said
earlier when one of the earlier dates when this was supposed to be heard um myself and somebody else on the board had went to see the property um and there was someone living in the house who said they were not the homeowners so but you said the homeowner lives in the
home the rabbi lives in the home but when the wrestling school got approved the owner of the wrestling school who was here in the audience lived in that home so I'm talking whatever dates that this has been carried multiple time so let's say maybe
it was May of 24 myself somebody who was on the board at that time had went to visit and uh there was a a woman who said that they were not the homeowner that they were renting so I'm just trying to be clear who lives there my understanding is a rabbi lives
there and no I think uh Burnal who was the applicant okay and a member of the Sho actually bought the home for the Sho but he personally I believe owns it if you look at the Township tax records and he's the applicant Israel burnam but he
doesn't live there no Mr bbam does not live there the rabbi lives there no the rabbi lives there at the pleasure of the congregation no just like I know I'm I'm Catholic and our priest lives in a home that was dedicated to the church for the
use of whoever the priest of the church I think the only difference is that um an individual owns the property the congregation doesn't own the property that's correct okay and maybe just for a little and I guess um Mr Halpert will confirm
this information but when the rabbis started Living in the home originally the congregation was much smaller and they all prayed in the home which they're allowed to do up to about 30 people but Co hit and when Co hit everybody was allowed to put tents out
so the get spread out um and when Co was over they did originally take the tent down but the the rabbi himself is wheelchair bound so they would have to carry him into the basement and they decided this is not really the safest and best idea so they put they put the tent back up so that's why the tent is
there and it was deemed unlawful after covid crisis was over and that's kind of where we find ourselves all right so I think with that I just want to for the P for the record just indicate that we are in receipt of some updated reports I'll say the board planner did update his
report February 26 2025 we also got an updated report from the board engineer dated March 5th 2025 and there is a uh Bureau of fire safety uh memo dated August 19th 2024 where he had indicated
no issue with the application so with that I do have three Witnesses um and Mr Halbert who is sitting to my left uh even though we're not going for site plan he is going to describe what the structures are on the site um the use of the different buildings Etc to give you
the factual background that you need we also have our traffic engineer John Ray with us this evening and we also have our professional planner okay with that we'll have Mr Halbert sworn oh and can we have another one of the microphones or no
I do Eric Halpert HPT licensed professional engineer and planner in the state of New Jersey I had these plans prepared under my supervision and I have provided testimony before this board and multiple boards before I'll be providing
engineering testimony not planning testimony Mr Halbert this board accept your credentials thank you thank you and if you could Mr Halper um describe the site and area around the site and if you're going to rely on any exhibits let's have them marked into
evidence I will um describe the site in front of the board is um exhibit Set uh we could mark it as A1 um I'll go through the General site then discuss operations based on
discussions with the um applicant and then I'll go through the uh site plan to identify um the variances required and um the layout this is a bifurcated application it's a variance plan it's
not an engineered site plan um and I'll go through that variance plan um in front of the board is um an aerial exhibit um depicting in essence the proximity of uh the approved site plan to our um current
um property that is the application in front of the board Jackson Pines Road runs along where I am showing the site under discussion is shaded could you thank you um Jackson Pines Road runs
over here the um pole bar and the wrestling school is on the rear of the property the single family dwelling is in the um front of the property and the tent is captured in the aial it's been up for a number of years the tent is uh located
behind the uh single family dwelling in front of the pole barn in front of the wrestling school this is Jackson Pines Road uh below uh at the bottom of the screen is South Cook's Bridge Road it
goes to uh Brewers Bridge Road the site plan that was referred to earlier by Miss Jennings um was approved at 217 Brewers Bridge Road which is essentially around the corner from the current property um in the same neighborhood
that the applicant and the general congregants um reside as mentioned earlier that has um already received site plan approval that is in the late stages of resolution compliance they are um have received a
bond Bond estimate and are getting the bonds there are other items that require Township Council resolutions such as uh soil export permit uh Basin agreements um but we are toward the end of resolution
compliance um it would be reasonable to say that in the spring a zoning permit would be in hand but that cannot be certain because until we get there we're not there um so again the the um the uh
the dirt that is shown in the aerial is a property across the street not related to this application that is a subdivision currently under construction this is where our site is this is where the proposed Sho is and this is where our site that is before the board
is um Anthony um I'm sorry so before I get into the site I'll just go through the operations of uh the tent and of the wrestling school and the um applicant um the owner of the wrestling school is here if there are more questions regarding the
operations um so the operations of the Sho involve prayers in the morning and in the evening the prayers beginning generally 6:00 a.m. and and 9:00 a.m. in the evening they are run from 9:00 p.m.
to 10:30 p.m. the applicant has on average there are approximately 30 to 40 congregant families on chabas there could be on the Sabbath there could be 60 50 to 60 uh
people with adding children or spouses 50% of the congregants generally would drive during the week on the Sabbath they all are going to be walking um I think it will be beneficial for the board um there are some Anthony
could you continue to um in this set to sheet three four and to sheet three just so the board sees a picture of the tent that we're discussing um the
um the tent uh this is a tent um that is before the board uh for approval um as mentioned earlier the intent over here is for it to be temporary until the Sho is fully constructed which could take a couple years
the tent is a single room it is approximately 16 1,650 um square feet the um and we'll get into septic we'll get into the site plan a little later but uh just in terms of uh the
layout of the tent um restroom facilities are located within the home they're not located within the uh tent it is basically a single room there is an ability to warm up up some food some uh post uh prayer services um the
congregants will sometimes um get together and um uh for you know with with some food that is only warmed there's no food preparation on site um there is a sink within the tent um
Anthony could Anthony could you go to the next um picture to the next um one more picture I'm sorry and one more we should just show the
HVAC there is they do have um the tent is equipped with um heat and air conditioning um it is my understanding it has been up for a number of years and it has been able to withstand uh the
weather as um it is tied down um the building department certainly L if uh if the board will grant approval the applicant will be required to um obtain necessary permits and inspections and we
are only discussing the uh site and the planning I'm sorry um you mentioned the warming of the food how was that done uh there is electricity within the um with within the tent and they're able to it up via an electric via a
warmer thank you where is the um water from the sink drain um it is Mya the water from the sink is draining back to the pipes within the house and going to their septic
fields so the sink is hooked up to the septic tank it is hooked up through the it is hooked up through the house to the septic field to the septic field and that's all been inspected and that's been signed off on I don't know about
that as part of this approval a Ocean County Board of Health approval will be required to be obtained for an expansion of the septic field because of the increased use due to the um due to the uh the um synagogue and
um as part of that the field will be required to be expanded okay and and when was this tent erected it is my understanding approximately 2020 in during covid and it was erected and concrete
slab board and everything else without any I have been brought on to it is my understanding that their permits uh were not um obtained at the time and the code enforcement um did site the applicant
and we are here now to for an approval and I just might add there is a municipal court proceeding but we submitted a full inspector's report that checked everything out we believe the municipal court is going to be resolved once we get an approval if we get an
approval here that's pending there is a there's a return date tomorrow to Municipal Court no no good just one quick question just so that I follow so this is the tent that we're calling the wrestling school no no no okay I just want to make sure I
keep following thank you yeah know there's a pole barn in the back of the property that's the wrestling school we're calling the tent the Sho and the rabbis the single family home the parsonage which is now permitted uses in the zone I'll go through the existing
conditions plan to show the justos of the different structures now um Anthony are you able to bring up the um the variance the the site plan the other file thank you could you go to sheet
two and could you to the next sheet thank you um and could you zoom into this area um thank you um and again I'm just uh going through operations still and um I provided pictures for the tent because it's a tent there's no there are no
architect plans um the pole barn is existing so um the pole barn the wrestling school is this structure located in the rear that Miss Jennings referred to as being previously approved just to discuss the operations um this is a wrestling school that was
approved operated um by Mr Steven Riviera and um the hours are generally toward the end of the day it operates four days a week there are generally two sessions a day between 5:30 and 9:30 Monday
Wednesday Thursday and Sunday the um number of students at most is typically 25 students students there could be five coaches and the children range in grade from 1 to 12 there are no
other events associated with the uh wrestling school this is a wrestling school and there no other activities that is the operations of both the tent Sho and the um wrestling school and those hours and days of
operation are consistent with the original approval from 2008 or these operate as I these operate these hours are consistent and slightly below what had been previously approved um we do have the resolution it would it is
part of the um documents cited in the review letters and there was an approval for five days a week and the um owner is using it for four days a week and how many people live in the home there are two the home is a
four-bedroom home it is a couple with no children as I understand the rabbi and his wife there are there are no children living with them yes so I'll go through yes the tent is over here um could you zoom out a
little bit just to get a better perspective of the whole site and then we'll zoom zoom back in than um could you just zoom out for a minute just so we see the whole site at once just to to capture Jackson Pines Road as well just to get the whole plan
so this is Jackson Pines Road this is the um dwelling and this is the tent and now could you zoom back in please so this is the tent it is to the rear of the of the single family dwelling there is a large
um gravel area between the tent and the wrestling and the wrestling school that's that's where the tent is located and is that gravel that gravel area is being used for parking and how
many there so we do have a side plant proposing spaces um currently there are no delineated spaces in this gravel area the current amount of spaces delineated is 10 um in the rear behind the wrestling school in front of the
wrestling school um there would be room for about nine um spaces not delineated just within gravel um and I um had not I I could measure how many there are our
site plan no no no no you can't we'll call you we done our our s plan is proposing parking sufficient to comply with the ordinance so you have enough parkal
culations for how many congregants there are and how many parking places there are if also there's a wrestling thing going on at the same time correct I will go through I'm I will I'm leading up to the site plan we'll go through the
parking calculations what is proposed and demonstrating um whether it's sufficient um just if I could piggy back a little bit so the the wrestling school whatever
you want to call it um is operated by Steven Rivera I think you said the gentl that just stood up yes I um so does stepen rent that space like who wanton how's that working that I don't
know Mr Rivera would know that answer okay so I believe he rents space probably from Mr burn Bal who owns the property right right right yeah I'll have more questions around that area okay thanks
okay so I'll go through the site plan it's a variance plan it's um could you please U go to the next sheet um Anthony and could use zoom in a little bit uh and uh zoom out zoom out just to
capture the parking just a a little bit more to zoom out thank you um so the site plan is meant to this is a variance plan meant to depict the ability for the applicant to install improvements that would be
required should the board Grant approval this is not an this is a bifurcated application it is not fully engineered it is not graded but it is meant just to demonstrate the ability for improvements that would be required have um are able to be installed
um [Music] the to go through so we have several uses um first regarding um submission uh the applicant as as any condition of
approval will be required to obtain several um Outside Agency approvals one of them would be Ocean County Board of Health there have been no submissions made yet um to the Outside Agency should the board Grant approval the applicant will be required to obtain um however um
the applicant did make sure to submit the plan to the Fire official just for fire circulation to ensure that the fire circulation is acceptable to the Fire official and the applicant is in receipt of a letter from the Fire official IAL
regarding the um circulation um that would be separate from any building code subcode related to the structure but just for the site layout um as mentioned earlier this um is an increase in use um increase in
load and the um septic approval septic field would need to be expanded and there is an ability to do that so the site plan depict is that you have the letter
yeah the site plan uh depicts a um Drive aisle with parking both in the rear um expanding the existing parking behind the wrestling school at
parking in front alongside the dwelling and the tent um at the time that this application this plan was prepared there ordinance governing this
application regarding houses of worship was 24415 um which had different requirements and the parking calculation shown on the plan is per the ordinance that existed at the time the current ordinance um would decrease the
requirement for parking for the house of worship the current ordinance uh requirement under um 24446 G uh places of worship in the R3 Zone um is for spaces between assembly
main sanctuary places between 800 and 2,000 square ft is 1.25 per 100 square feet the tent is 1649 depicted on the plan which would result in a parking requirement of 21
for for the um place of worship um the dwelling uh is a four-bedroom dwelling per um rsis um viewing the dwell per rsis the requirement would be two and as
indicated on the plans the square footage of the wrestling school is um a little over 4,000 square ft and would result in a requirement of um 41 spaces is for the wrestling school so the
current per the um operate per the current ordinance the requirement um is reduced from the original indicated number on the plan of um of um of uh 41 plus I'm sorry of
um 76 it is reduced to 64 is the current would be the current requirement parking between the dwelling the place of worship and the um pole barn um I would point out we do have our traffic expert
who will speak more to this the pole has been operating for a number of years we are before the board um because of a planning issue and there's going to be testimony regarding the planning issue in in terms of the operations of the wrestling school there are no changes um
looking at the previous resolution um it did not seem like the board was require IR iring 41 spaces um it does not seem to uh me that 41 spaces would be require would be actually needed for um the pole
barn and uh the board may consider reducing the requirement um of the spaces for the wrestling school as I indicated earlier um there are currently 10 delineated spaces in the
rear the gravel area directly in front meaning taking away the gravel area that is being used for the uh synagogue adding the gravel area is approximately nine there are approximately 19 current
um spaces and um the traffic engineer will provide more testimony regarding any possible reduction in the requirement the board would want to seek to impose um for the wrestling school as depicted on the plan the
applicant has the ability to provide the full 41 I'm just pointing out that the um wrestling school has been an operation for a number of years and um that number of one per 100 square feet is a general
um requirement covering many different operations this is a smaller operation operating two classes a day toward the end of the day and um it does not seem like 41 spaces should be Rec re ired for the wrestling school but I will I'm
pointing that out and we'll leave that for the traffic engineer to go into more detail if the board would consider that again the applicant has the ability to provide it all sorry I'd like to go through the the the
various bulk variances um that are associated with the plan with the wrestling school with uh the conditional use of the wrestling [Music]
school sorry sorry one minute as um so discussing first the um I will be putting on the record just um the different variances required the planning testimony the planner is going
to be providing justification for for the use variances and the bulk variances will be subsumed within the use variances I'm going through um Del going through the variances that are required um as indicated on the plan the um could
you zoom to the Anthony could you go to the let's start with the wrestling school in the rear the existing setback of the wrestling school is um under 50 feet it is 48.9 ft and there is a requirement
under the Quasi public um uh under the Quasi public uh Recreation for 50 ft and this is 48. 9 ft the parking depicted is within 25 ft
from the property lines where 50 ft would be required the tent is at 40 feet where 50 ft would be required the r the requirement for the tent in the R3 Zone require for properties
over two acres and this property is approximately 4.55 Acres require 50 ft of buffering along all sides the structure cannot be closer than 50 ft and this property those are
would be considered bulk variances under 244 46g and this um proposed plan would be proposing parking closer than 50 ft the structure is closer than 50 ft as
well as indicated earlier the single family dwelling presently is going to be an accessory use temporarily under the approval for the next couple years the single family dwelling as an accessory use in the
front yard is an additional um variance I'm sorry I I I I skipped one piece of the of uh going into the site plan to to go back for a minute the site plan um was depicting the parking um it is showing
curbing uh the intent is curbing the intent of uh the plan shown is Curbing and asphalt presently there is generally asphalt along the southern side of the property to get to the rear of the
property where there is asphalt parking the remainder of the property's parking in the existing conditions is gravel the in as much as the proposed improvements solely for the tent are
temporary there was a comment in the board planners um review letter regarding the intensity of the proposed improvements and the applicant would be need to come back for site plan preliminary and final site plan approval
um and the applicant would be willing certainly to provide a less intense um um improvements such as gravel temporarily if that would be okay with the board it would need to be delineated
the parking spaces would be need to be delineated but um it it does seem sensible to not require the applicant to provide asphalt with curbing for a use that's going to only exist for a number of years and just to focus on the wrestling school
and whatever the board's parking requirement for that would be to ensure that that's going to be um constructed um sufficient um for permanent use however the parking that would be required for the tent could could be of
a more temporary nature to the satisfaction of of the board in conjunction with the board uh professionals that may affect the storm again this um plan will the um applicant would be required to come back before the board with a site plan preliminary
and final site plan and depending on the exact parking requirement and the nature of the parking the uh applicant may or may not be required to provide door mortar management um again the variance plan just shows an area that can be used
for a water quality Basin with underground storage but once um it is clear the amount of parking the type of parking it will the applicant will supply the storm order management as necessary per the um proposed
improvements the septic um I'm and regarding the septic uh there is a septic field shown however um that septic field would likely not be the location of the U
proposed septic because as mentioned earlier the um use uh all the uses generating um the um sanitary uh all the sanitary uses are within the dwelling and therefore it
would just be a single septic field that would need to be expanded through oppr requests um the dwellings septic is near the front of the property there is sufficient room to expand um the septic field per the
requirements of a place of worship which would generally be a general assembly requirement which is um typically the residential requirement is actually often larger than some commercial uses because the intensity of use is generally within the residence and
either and the applicant will obtain approval from the Ocean County Board of Health um and there is sufficient room on the property to contain an expanded um septic field the um septic field for the wrestling school is in the rear and
will remain the same untouched there are no changes to the operations of the wrestling school the changes are to the tent combined with the dwelling and that and the dwellings septic field is what is going to need to be
expanded I began going through some of the bulk variances I could continue going through more of the bulk variances I interrupted myself I I apologize I'll go through more of the bulk variances um and um go through some of the um
review letters comments regarding um the tent so the tent again is going to be a principal use and it is um place of worship under 244 46g it is um
front yard setback is met the rear yard setback is met and as mentioned earlier the side yard setback is not going to be met um additionally buffering requirements per 244-4605 ft um there is just a note
landscape to be provided again then the applicant should the board Grant approval will be required to return with their preliminary and final site plan and uh Landscaping to uh provide buffering
screening um shall be shown on the site plan to 25 ft as opposed to the 50 ft that is required per the ordinance regarding the um pole barn as mentioned earlier the existing non-conformity of
48.9 is a variance to the sidey yard the single family dwelling is a accessory structure under the current temporary use and that is a variance
with having it in the front yard there doesn't there um the there are other variances called out regarding the maximum build height um and I wasn't clear um and I wasn't clear regarding
the 15 ft it certainly is over 15 ft the ordinance seems to be uh for uh seems to be a seems to be 25 ft um and it is greater than 25 ft either way um the single family dwelling the side yard
setback um indicated in the board plane 's um review letter is 75 ft and it is less than that um the sidey yard setback at 244 uh the sidey yard setback for an accessory structure may appear to be 50
feet and it would not require that bulk variance there is a detached garage that is too close to the side yard the building height there was a comment to provide the building height he of the detached garage it is approximately 11 ft it is
definitely under 15 ft could you show where that there is over here that garage over there next to the um pole next to the um pole bar next to the wrestling
school the wrestling schol I'm sorry does the wrestling I'm not sure sure I would have to check he uses the the app the the wrestling school uses it for storage the parking requirements were discussed
so um again per the current ordinance the requirements okay the requirement was 64 to go through some of the comments um the comments generally are variance uh regarding variances testimony planning testimony should be provided for all the
um all the variances um there was a comment regarding providing sidewalk and curve and the applicant is willing to provide um on the S plan that will be required to be provided uh will show curve and
sidewalk along the frontage of Jackson Pines Road that will conclude my testimony if I and I'm Sor itim I saw a reference to trailers on
theer and located there are two trailers to the rear of the of the um wrestling school no you can tell me no no no no come here just tell you straight up i i j I really think that we need to
swear Mr Riv okay all right we'll we'll we'll finish this um as per the app as per the um owner of the wrestling school those are going to be removed from the property those are going to be removed
from the property we can wait Dr okay thank you number of questions when I visited the site I saw a tent surrounded by a six foot fence which only had one way out
and the left side of the tent you had the two HVAC units and the other side had a bunch of Wen chairs sitting around stre about which left only one way out of the tent
the front of the tent had two wooden doors letting people out and there's no way to leave the leave that tent if there's an emergency people will be trapped by one way out through the tent and then you surrounded by a six foot
fence with one exit out so something has to be done about that uh along with with the information you sent us you said you sent something called the copy of the Illinois State Fire Marshals report regarding membrane structures and tense
used for outdoor dining uh New Jersey has its own fire code and I think we should be using that in the fire code it's section 3101 and uh there were many things that
what what are you talking about I'm sorry I I sent in the the the Illinois the the um fire the Illinois um requirements were sent in by the applicant well that's the
where we I mean you could just as well use the New Jersey I don't know where you're getting the Illinois from well I have a copy of it right here I give it to you somebody sent it to me so it came along along with everything that was sent in anyway it doesn't matter you should be using a New Jersey I think you
will agree with that would agree okay now you said that the you sent in a report to the fire inspector and he said the circulation is fine uh nothing was said about the safety and the report the fire code has pages and
pages of things that have to be addressed if this is going to be there granted the synagogue is is fine it could be there but you have to consider the safety of anybody who's using it now I don't know how you want to do it should uh the board call in a fire our
fire inspector and ask pointed questions or do you want to call the fire inspector and ask your questions I in all the years I've been on the board I've never had a fire inspector asked to come in but I I think this is this is
definitely needed I mean well there's a letter from the fire Bureau dated August 19 2024 and says that um the 1650 ft tent is approved by my own office however you have to come for full region
for then the bo I I think uh we have so many people involved in the safety issue that the fire inspector has to come down and should be has to come down uh just to go through some of them uh you already said that the T was just put up
without permission basically and uh you gave the hours that was going to be used the report wants to know the AES where the exit signs are the uh performance of the treatment for of
the tent is it certified um how the anchors are are placed there ESS I mention um oh respectfully all those are building code issues and we do have the Municipal Court proceeding and there's
been a lot of discussions regarding all that at the municipal court level I'm not really sure that's really the zoning board W job well to the extent that you are here on a bifurcated application you know
there's the initial part regarding the use but if you were looking for approval of the the structure then the question of the safety of the structure is appropriate for the board I think somehow that has to be
resolved I I I just can't see how we can let a safety issue uh with so many people involved just be eliminated Mings if you would consider to uh Dr Hof's uh Point perhaps providing
additional information um on the fire safety issue that may address the problem without uh the need for uh testimony or bringing in the fire marshall behalf of the
board yeah that that's fine I I know we have a report that was submitted with the municipal court so perhaps that will satisfy Madam chair yes um Miss Jennings I don't know if it would be helpful for the board to understand um Mr Halper
indicated we're going to get permits and inspections as a condition of the approval so can you offer a time frame or is it going to be a condition of the use variance approval is it going to be a condition of the site plan approval I think the board and the Public's
concerned is there a safety issue and when's it going to be addressed because quite frankly I think there's probably some people say why wouldn't you for your own use make sure the damn thing's safe so is there a time frame within which if the board acts affirmatively tonight on a use variance application
these permits or inspections would be applied for yeah I think that they would be able to be applied for because then we would have a zoning permit and the building department would issue it but like I said we have had all these issues discussed at length at the Municipal Court proceeding and there is a report
where they went out and looked at everything so I mean these issues are being addressed and I know Mr Boro who was you know adamant about it he he was actually finally agreeable and it took us a long time to get there um and he actually thought we should be going to the
planning board but I said no we have the wrestling school is on the property so we're still before the zoning board and as you're certainly aware the board is not privy nor should it be privy to the Municipal Court proceedings if there are reports that are submitted there that we feel would address some these issues I
would ask that you submit them to this board no absolutely we definitely we'll do that and just to CL and just to add and clarify the the the purpose of getting the use Varian is the the applicant does not have the ability to apply for building permits and all the subcode and inspect it properly um by
the fire officials um under under uh the uh subcodes because it is not use that is permitted should the board be granting approval that would allow the applicant and the applicant would be able to now apply for permits and have it properly um inspected by the proper
subcodes right now the applicant doesn't have the ability to do that with the applicant certainly intends to apply for building permits that would be where an approval would lead to catch 22 um is the tent being used
now the tent is currently ly being used okay now according to Cox uh a variance can be sought for a limited duration provided assurance that the proposed use is not an ever expanding never ending
one so we should have something from you people when this is going to end you know that absolutely and how long can this T stay there and not be as to be taken down Dr I was just
going to to make that point both regarding Mr Peter's comment in a different way Dr a lot of uh the issues around this application seem to have to do with timing because you're asking the board to approve a temporary set of
circumstances and then there's going to be something left and it's also as you're asking the board to sort of um blast a non-conforming unpermitted
structure that is operational currently so there are timelines there so the the maximum extent obviously you are the master of your case but the extent to which you can address some of those time issues I think is going to be critical for the board to be able to uh to feel
comfortable with the application at all no understood and that's a great question and something that we obviously are prepared to answer we have gotten the approval from the planning board and we are close to resolution compliance but we all know how that can go sometimes so as soon as we can start
construction we're we're ready to go um and we would anticipate that once we have the building permit in hand which should be at the latest in the spring it would take somewhere between 12 and 18 months to build the new Shool so if we were to play it safe you would say
within two years or you could even say as soon as you get the CEO from the new Sho um you would cease the operations there um either a specific timeline or a timeline connected to the CEO of the new
Sho but the goal is to go obviously to the new sh as soon as they can I had asked the question previously this about commercial use on in a residential on a residential property could somebody speak to that well we actually believe we have a planner here
and we believe that this would fit under your quasi public use which is permitted in the R3 Zone okay now 24 244 d129 quazi public and private club
Recreation the buildings and Recreation areas including Clubhouse Parks playgrounds tennis courts swimming pools and other such activities may be permitted as a conditional use in those zones specified so your
we're asking this to be the the primary use well no it's a primary conditional use that's correct yeah the the the well actually the the conditional
use aspect doesn't go to whether it's a primary or accessory it's a use that's permitted if those conditions are met or obviously if you this board decides to Grant a variance the question of the principal or accessory use is not necessarily tried to the whether it's a
permited or conditional use so basically we almost don't have any principal use because the jewel is temporary so when that goes away the eliminating one principle use and now
you're you're thinking of allowing a commercial use to to be well that is that is the the application I'm sorry yeah I said that is the application that the Sho would be the Principal a principal use and
theor right a a an evaporating give it temporary and that if I understand the application correctly that the wrestling school would also be a p uh principal use so Jennings you know I don't know if you
want to address this now or at some other point but obviously the board has real questions and I think part of it may be that while the Sho is there I understand why you're thinking of the single family home as an accessory use because you're thinking of
it as a parage accessory to the Shool but that is currently the principal use on this property correct the single family home we might want to have our planner answer all those questions but I think
we we would probably want to hear from our traffic guy first and then let him do his testimony I just have a couple of more questions so let me just go through these just a basically it turns out how how can the school now be a home occupation when Rabbi has nothing to do
with the wrestling school unless wrestling is is is part of his religious teachings I have it's just lighten me on that again that's really a question for the planner and we agree with you it's it's not a home occupation if the owner of the wrestling school no longer lives in the
site but that's been something that's been going on for at least five years what's the difference it's going on but it doesn't mean it's right right and that's why we're here trying to it means you get all the uses that are currently on the site legitimized it appears that you you're
forced into making the decision coming before the board because everything's been before the court for for God knows how long so whatever I don't know if uh Mr feters has any comments on like to reserve until I hear from the professional planner so I can
cross-examine them about okay the history I understand your train of thought but at this point while Mr Halpert and Miss Jennings have put lots of words on the record I don't think they're the professional planner for the purposes of our record and I want I hear from the professional
planner before we start talking about what came first the chicken or the egg Madam chair if I might I do have one one question or comment um Miss Jennings and Mr halpert's testimony he made a statement that the bulk variances were to be
subsumed within the use variance um I will tell you to start off I disagree because some of the things aren't permitted and we're not here for site plan I I assume that you're I would agree with you but he's not yeah he wasn't testifying as a planner I didn't correct him you got a court reporter
here so I want to make sure that from our side we have that correct correct it's not your opinion yet that the bulk variant should be should be subsumed within the use variance that's being requested no because the use variance it's being requested has to do with the wrestling school not with the house of worship thank you he so you know this this application
has been carried from from 3624 to 5124 to 8724 to 12424 from and January 15th of 2025 and
now again tonight so this is the sixth meeting that this has been on our schedules and and looking out here I don't see any residents I don't see any neighbors that are here so I think that
they have lost sight of this project and have no idea what's going on because well actually I re notic for this speaking I wasn't done yet so no additional notice was asked to be provided and I'm not comfortable with
that that I believe that our next meeting with uh for this application that all the residents within however far it is should be notified of these uh hearings okay so if you had let me speak
I would have told you I I noticed for this hearing so everybody was given new notice because I realized there was an issue with the very first notice it was based on the old ordinance and so I wrote a letter to your board attorney and Mr Peters and said hey you know
what I think we have to have a new plannner report and everyone take a new look at this and I Ren noticed for this hearing so the fact that nobody's here doesn't mean they're not you know they got the notice were the residents not yes everybody with like under the ml
everybody within 200 fet had to be given notice and we put notice in the newspaper so we have properly noticed this hearing is that correct I just want to make sure that everybody has been informed and has has
an opportunity to come here and listen and say their peace I I have the notice uh in front of me I would ask that either through Dawn or if not we'll reach back to you Miss Jennings because I'd like to have the
notice be obviously part of the record and um including the list that was obtained um and to whom it was sent um mrak would you like to take a look at the notice yourself for have me read it the to be assured that that the notice went out to all the residents within 200
ft of this property it from what I'm looking at now it appears that it um did indeed go out to everyone and does list the uh request for use variances bul variances the conditional
use variance um changing from the home occupation for the wrestling school um and jings is this the list yes that's a list and I just want to for the record that Not only was it overnighted to Dawn but we emailed it to her on Monday and she
acknowledged it and said thank you and I have her email if you want to look at it so dawn has it it looks about um between 24 and 25 yes okay they were so they were mailed out
for this hearing this evening yes Wednesday March 5th 2025 at 7M oh great okay excellent thank you yeah and I can see some of the names are the same I'm not going to go through that all fully now
all right and my my point was was that one of the hearings I think the first hearing we had quite a few people here quite a few neighbors and they were offering testimony and now we have nobody we never started so I don't know what
testimony they offered and the first few times we were carried because you guys just didn't get to us on the agenda so I came here many times waiting and never got heard so M Jennings I'm going to um and ask you to take this back as I said well
check with Dawn tomorrow make sure that uh the board has it and if not reach out to you for additional copies any additional questions by the board for Mr Halper Mr Peters I said you I know you said you wanted to wait Mr rire you have
any comments questions question now uh yes can uh Mr Halper can you just confirm are there any other structures on the property that weren't discussed we discussed all the all the uh all the um structures including the uh
trailers okay and then can you clarify um portions of the drive aisles are proposed to be pavement and portions are gravel in your opinion is the circulation adequate um adequately designed to accommodate the entire use of the
property yes it is my opinion the circulation um as designed will accommodate the parking requirements okay that's all I have thank you any additional questions by the board for Mt
just what happens okay once the sh is built and this is no longer being used what is the plan with the tent there's a concrete pad that was ORS HVAC equipment and so
forth what's the plan the the plan is to remove and demolish everything associated with the tent is the plane M Jennings would you like to call your next witness yeah this time I like to call up uh John Ray our traffic engineer Dre uh do you swear that the
testimony you will provide to this board will be the whole truth of nothing but the truth I do and please state your name and credentials for the record John Ral m r Associates Mr Ray this board accepts your
credentials thank you uh Mr Ray um as you're aware this is a just a use variance application at the time but we did engage your services to make sure that the site access circulation and parking would be able to accommodate the uses so I would ask you um your
professional opinion if you could address each of those topics sure exad also collected traffic volume data dures I don't think your mic is on at least that's what that's what the professional
here sorry should I start over again no okay um so we went out and we conducted traffic counts at the site access to Jackson Pines Road during the uh morning services at the sh and uh basically over
that 3-hour period that the services are are held from 6:30 to 9:30 in the morning 6:30 to 9: actually uh we recorded 19 cars going onto the property and 19 cars coming off the property over that 2 and a half hour period uh the the
vehicles interacted with the uh traffic flow on Jackson Pines Road without incurring any significant delay the two-way traffic volumes on Jackson Pines Road during the peak hour in the morning were 47 Vehicles so there was little to
no delay associated with the vehicles getting onto and off the property this is in the existing condition uh I also took a look at the uh use variance plan that Mr Halper has uh put up and we have discussed he's discussed this evening I
think the plan does provide for adequate circulation adequate parking we can meet the ordinance requirements with respect to the parking for the uh different uses uh and as Mr Halper indicated uh if we're fortunate enough to get a use
variant approval and come back for site plan uh we do believe that some discussion with respect to the overall need for parking on the site uh should be had with respect to perhaps not constructing all of the parking and banking some of the parking that we do
not believe we will need uh because we do have the different uses the the wrestling school the sh they generally do not operate during the same hours so there may be an opportunity should we get the use variants to discuss banking
some of the parking uh when we get the site PL and that's that that sums it up [Music] it's all the direct questions I have what time is prayer in the what time is
prayer in the evening uh 9 to 10:30 and there is a little bit of an overlap those are not the more heavily attended uh Services the the wrestling school does shut down at 9:30 if I'm not mistaken 8 okay so there's no overlap
with the rest wrestling school any questions Mr Ray Madam chair Mr Peters Mr Ray I got the impression from Mr Halpert that there was a request for a waiver or variance for parking as part of this application your testimony
is that the applicant's not requesting relief from the parking standards as part of the use variants and we'll provide testimony and that request for relief necessary at the site plan just want the record to be clear correct yes okay so
you you agree that the parking standards are X you're providing Y and when you if and when you come back for site plan there'll be testimony with regard to that relief it's if it's request required yes thank you that's all I
have J would you like to call your next witness yeah I I'm actually to call up Steve Rivera who is the operator of the Ring School since there were a couple of questions we were not able to answer just turned it on Magic Touch Mr Rivera good evening hi could
you raise your right hand please and do you swear that the testimony that you will provide to this board will be the whole truth of nothing but the truth I do and could you state your name and explain your uh connection to this application sure my name is Steve Rivera
I am the wrestling school that's been talked about today elite wrestling and I am the owner operator okay uh thank you and could you take that microphone back hello yep it's just easier to hear you
okay can I start with just thanking you guys I I in 2009 I was in front of Mr Hudak and many others and uh I just want to say thank you for the last 16 years has been just amazing the opportunity to
impact the kids like I have to be able to travel the world with Frankie Edgar my UFC world champion and to experience my son winning a bronze medal at this past year's Olympics and that would have never happened if you guys didn't grant
me this stuff 16 years ago so thank you so much so much all right so now the history all right the history the history of us is yeah I own the house I I I want to also say that if I knew this was a uh tied to my
ownership I don't know if we'd be even here today because I didn't realize that because I've gotten along with my the the the rabbis so well for almost 10 years now that I never even consider if I if I knew that there was an a chance
that I would lose my variant I read that thing and I'm not an attorney but I didn't see any I didn't realize it until I was spoke to her and she's like yeah usually it's based on you living on the property and I'm like wow well that's it's a it a home occupation yeah but but I signed the
lease so I thought that that just kept me in the game and then I'm sorry for not knowing more all right and uh I just wanted to say thank you for that but the history is we do I stay within my realm um
I don't push it I'm just thankful to have it the neighbors and everyone no one being here sir that's because we all get along and honestly I even have a class in my school now for the rabbis people like the the the pedestrians of their thing for self-defense and stuff
that they're I felt like they should have it in today's world and we offered it to them and they took it so they're great people they really meanwhile they've been great to me and and and and given me this lease and and I think that if this all can work out
temporarily for them it will help me make it longer like as long as we agree they they're like they they don't plan on kicking me out I hope you know so I like as long as I can make them or as they can be happy doing what they do
hopefully I can continue doing what I do Dr H did you have questions for Mr Rivera I think everything you've done is great and uh the important thing is we're a land use board a zoning board and we
have to follow the zoning ordinances of the town and uh that's what our job is so we'll see how how it works out I understand and uh just one more thing those Jackson Jag girls this year state champs I train a
lot of them all right just get that out there right again thanks for hearing me and thank you for the opportunity the last 16 years just been amazing Madam chair yes Mr Riv a couple things first I'm looking through the old resolution from 2009 you brought Scott Winston and
Scott Goodell with you 109 nice company some of my best company honestly but so the record's clear it's a home occupation it said that you're not going to employ any other employees except folks that are residents of your house yeah so once you
sold it you lost some rights so to speak so the idea that someone else owns it it can't be considered a home occupation because the person who lives in the home doesn't run the wrestling business so while I I I can't fault you for not knowing
Municipal land use law inside and out and we don't think that was done for any reason other than you selling the property um it is an issue because now your business is not considered a home occupation it's going
to be treated differently from a planning perspective to hear from the applicants witness shortly so we don't think there was anything purposeful but I want you to understand that when you came in and said well I'm going to run a you know if
you're going to sell magazines out of your house you're going to put a wrestling school in the back we're all glad you did you don't live there anymore so you can't call call it a home occupation that's all but but but is there any but we're damn glad you're there and I appreciate
you all but I also like this is part of my living so that's what kind of concerns me a little as well is that the wrestling school I've been in business a long time and well it's not your problem but that is a concern of mine all right and I and and and and and and the fact
that we're only open 67 hours a day to go get a retail space to do this stuff just doesn't work you know like in a real manner so I understand where we're at and I will do my best to be what I got to be for you guys and whatever happens Happ understand that the board
has to look at the use and the structure not so much at you because if they're approving it it's you it's not a home occupation which honestly was tied to you in some regard um now it would be a
question of allowing that commercial use and that structure and if you decided to take your your skills elsewhere that would still be something that existed so that's something the board has to consider okay you don't um have any
problems so Mr Halbert pointed out that your hours end at 8:30 and prayer usually starts at 9:30 so there's usually not there's never CR traffic I'm trying to think of the right words but yeah but there is an un and honestly me and Eli the rabbi we communicate so when
there is sometimes they have uh just different religious things they have to do and they communicate with me and we always make it work like I said we've been working together for years at this point and uh we have great respect for each other y just I have a whole bunch of
questions but I think you answered a whole bunch of them already so I that's okay I'm here to answer she told me I let me just specifically so you so you're now leasing the property because you sold it right I do yep and paying whatever they're charging I do um the reason I asked is because you
mentioned that this is your business right and Mr rosenbom makes it possible for me to make it a business because he doesn't charge me like a retail person would right I understand that's that's great and it sounds like you're doing it's great um but it just kind of comes
back so you know this is a residential area what everybody saying um I don't want commercial space you know or a business right next to my house that's why I want to live in an R3 not commercial area you understand the issue right but where
we live we we have five AC I have five acres my neighbor has 10 acres you know there's not much around us per se and and and my building if you look at that that my neighbor's house is is 100 feet off the road so like we we are we are so
far from each other in all honesty but like I understand your concern and I I I I completely see your point of view here people I do thank you a lot of question I would say this though it's a pole barn so it's not like you're looking at a a daycare or a or a business you know what
I mean it could be a garage in his backyard I guess is what I'm saying as um all the time I've been on the board we have people put up pole barns to store their antique cars or things like that so I I and I'm kind of struggling with that myself right I get it the
change because he doesn't live there but it doesn't look like a business and well and and we'll see perhaps uh the afcan could consider if uh we could there's some conditions um that would
not uh survive the departure of Mr Rivera in the end of his business we could per think about that I appreciate you all again thank you thank you we have about minutes M Jennings did
you want to call your next witness do you want to wait till we reschedule what do your well the last witness is the planner I'm not sure how long he's going to take or how many many questions that you're going to have um ex my guess is that there's going to be
more than five minutes worth of testimony and questions I obviously can't speak for the board and uh Mr Peters but you know that that's really up to the board I I'm going to say looking at the board
that maybe this is it for tonight I do really really uh able to read that body language saw especially down at the end of the day Jennings I don't think it's uh and that's fine look it's kind of a very unique case so there's there's a lot
that's been said and I think maybe if everybody gets a refresh and we come back and the planner can do his testimony and hopefully everybody will have their questions and we'll be able to answer them and you can vote
Yes oh yeah could you open to the public for the other Witnesses they don't have to come back good good thinking yes that was Mr Ray I can't even take for that thank you Mr Ray yes I don't I wanted to wait to see what we all agreed to do to carry it so yes at this point I'm going
to open it to the public if anyone wishes to come forward and speak about what you heard tonight please do so at this time and specifically if they have any questions for uh the witness Mr Halper Mr Ray seeing no one come forward I'm going to close public
session we need to find the date for when they were going to come back we do and I am not the date f I don't know that we have a date finder but um we may have some time all the way at the end of the March 19th
meeting perhaps I'm not sure if we will or we won't there's no guarantee if you want guarantees you got to pick a different month yeah that's not going to work for me I'm going to be in Woodbridge on March 19th okay oh I thought you g to say something fun like a Ruba I know she said that so matter of
fact I like bre yeah okay have a good time and additionally maybe having a little more time because we would be helpful to have those reports on the fire issues and we're we're into May because
the April meeting has swanborn the animal rescue and a variance yeah April 16th has phases three and four of Adventure
Crossing a home occupation and Tracy place the application that got carried this evening so you're you're up to the first meeting in May which would be May 7th I think and that's where we
were going to put jcpnl if we wanted to give this applicant the first hour do jcpnl after that just because I I think we can get done and I don't mind having planners debates but I don't think
it's all night otherwise we've we already carried another app we carried the application this evening to the second meeting in May and so I don't get smacked in the parking
lot I I know that I know that sarcasm never looks good on a on a transcript but we also have seven problem for me we also have seven V fence applications that we hav't scheduled that we're going to have to
either work in or have a special meeting just for Resident applications so now we have seven of them I don't know what the so I'm G to turn to you Miss Jennings how long do you think your planner will take do you think we could
do it in hour oh we could wrap it up and absolutely shaking his head vigorously yes so then I would agree with Mr um Peters on May 7th if we're looks like we're gonna have jcpnl if we split the time or you know have the first hour
whatever this application and then scheduled jcpnl is the second application and if you have a quick fence they could be first one all right so then the application is carried to May 7th no additional notice
required thank you have a good night thank you motion to adjourn all in favor yeah I'm not quite sure who made that motion ex seconded but I'm sure I feel sure it was somebody