Public Notice:
TOWNSHIP OF TOMS RIVER
NOTICE OF PUBLIC HEARING TOWNSHIP OF TOMS RIVER PLANNING BOARD COUNTY OF OCEAN STATE OF NEW JERSEY APPLICATION #P01-259 PLEASE TAKE NOTICE that on the 6th day of August, 2014 at 6:00 p.m., at the Township of Toms River (“Township”) Municipal Complex, located at 33 Washington Street, Toms River, New Jersey or such other time and place as the Toms River Township Planning Board (the “Board”) may adjourn to thereafter, the Board will hold a public hearing to consider an application (“Application”) by YELLOWBROOK PROPERTY CO. (the “Applicant”) for Preliminary and Final Major Subdivision approval for the proposed development of property located at 1650 Old Freehold Road, Toms River Township, New Jersey and known and designated as Lots 2, 10 & 11 in Block 410 on the Official Tax Map of the Township of Toms River, Ocean County, New Jersey (the “Property”). The Property is approximately 32.79+/- acres (approximately 32.74 +/- acres after a required right-of-way dedication) and located in the Township of Toms River’s R-200 Zone, pursuant to the Land Use and Development Regulations of the Code of the Township of Toms River (“Ordinance Code”). The Property is located on the westerly side of Old Freehold Road and north of the West Todd Road Intersection. Applicant proposes Preliminary and Final Major Subdivision approval to create thirty-nine (39) lots at the Property. Applicant proposes thirty-seven (37) lots for the construction of new single family homes and two (2) lots to be utilized as bioretention/infiltration basin lots and forest preservation areas. Applicant also proposes internal roadways, sidewalks, utilities, landscaping, lighting and other improvements associated with the Application (the “Approval”). Applicant seeks the Approval pursuant to the cluster provisions of Ordinance Code Section(s) 348-10.8.F et seq. Applicant seeks the following bulk variance relief from the Toms River Township Ordinance Code pursuant to N.J.S.A.40:55D-70.c. et seq. of the Municipal Land Use Law (“MLUL”): Relief from Ordinance Code Section 348-10.8.F.(5)(c) which requires that Lots proposed to abut rear or side lot lines of the tract shall provide a minimum lot width of 125 feet, a minimum lot depth of 150 feet and a minimum rear setback of 30 feet for principal buildings and 20 feet for accessory buildings, except that private swimming pools shall have a minimum rear setback of 10 feet. Only rear lot lines of proposed building lots shall abut rear or side lot lines of the tract of land proposed for development; whereas, the proposed development does not meet the requirement of this section. If required by the Board, Applicant also seeks the following waiver relief from the Toms River Township Ordinance Code: (i) Relief from Ordinance Code Section 348-8.30 which requires streetlights shall be on poles 30 feet high; whereas, 25 feet is proposed; (ii) Relief from Ordinance Code Section 348-8.4.C.(7) which requires, in addition to the screening and shade tree requirements, additional trees shall be planted throughout the subdivision in accordance with a planting plan approved by the Planning Board at the time of final approval. The number of trees planted shall be not less than 10 per acre, calculated on the basis of the entire subdivision tract. Applicant believes Applicant complies with this requirement; (iii) Relief from Ordinance Code Section 348-6.14 which requires that all applicants seeking preliminary major subdivision approval to create single-family residential lots shall be required to provide for active and passive recreational areas and facilities within the subject property of the proposed subdivision; whereas, no active recreational areas or facilities are proposed.
NOTICE OF PUBLIC HEARING TOWNSHIP OF TOMS RIVER PLANNING BOARD COUNTY OF OCEAN STATE OF NEW JERSEY APPLICATION #P01-259 PLEASE TAKE NOTICE that on the 6th day of August, 2014 at 6:00 p.m., at the Township of Toms River (“Township”) Municipal Complex, located at 33 Washington Street, Toms River, New Jersey or such other time and place as the Toms River Township Planning Board (the “Board”) may adjourn to thereafter, the Board will hold a public hearing to consider an application (“Application”) by YELLOWBROOK PROPERTY CO. (the “Applicant”) for Preliminary and Final Major Subdivision approval for the proposed development of property located at 1650 Old Freehold Road, Toms River Township, New Jersey and known and designated as Lots 2, 10 & 11 in Block 410 on the Official Tax Map of the Township of Toms River, Ocean County, New Jersey (the “Property”). The Property is approximately 32.79+/- acres (approximately 32.74 +/- acres after a required right-of-way dedication) and located in the Township of Toms River’s R-200 Zone, pursuant to the Land Use and Development Regulations of the Code of the Township of Toms River (“Ordinance Code”). The Property is located on the westerly side of Old Freehold Road and north of the West Todd Road Intersection. Applicant proposes Preliminary and Final Major Subdivision approval to create thirty-nine (39) lots at the Property. Applicant proposes thirty-seven (37) lots for the construction of new single family homes and two (2) lots to be utilized as bioretention/infiltration basin lots and forest preservation areas. Applicant also proposes internal roadways, sidewalks, utilities, landscaping, lighting and other improvements associated with the Application (the “Approval”). Applicant seeks the Approval pursuant to the cluster provisions of Ordinance Code Section(s) 348-10.8.F et seq. Applicant seeks the following bulk variance relief from the Toms River Township Ordinance Code pursuant to N.J.S.A.40:55D-70.c. et seq. of the Municipal Land Use Law (“MLUL”): Relief from Ordinance Code Section 348-10.8.F.(5)(c) which requires that Lots proposed to abut rear or side lot lines of the tract shall provide a minimum lot width of 125 feet, a minimum lot depth of 150 feet and a minimum rear setback of 30 feet for principal buildings and 20 feet for accessory buildings, except that private swimming pools shall have a minimum rear setback of 10 feet. Only rear lot lines of proposed building lots shall abut rear or side lot lines of the tract of land proposed for development; whereas, the proposed development does not meet the requirement of this section. If required by the Board, Applicant also seeks the following waiver relief from the Toms River Township Ordinance Code: (i) Relief from Ordinance Code Section 348-8.30 which requires streetlights shall be on poles 30 feet high; whereas, 25 feet is proposed; (ii) Relief from Ordinance Code Section 348-8.4.C.(7) which requires, in addition to the screening and shade tree requirements, additional trees shall be planted throughout the subdivision in accordance with a planting plan approved by the Planning Board at the time of final approval. The number of trees planted shall be not less than 10 per acre, calculated on the basis of the entire subdivision tract. Applicant believes Applicant complies with this requirement; (iii) Relief from Ordinance Code Section 348-6.14 which requires that all applicants seeking preliminary major subdivision approval to create single-family residential lots shall be required to provide for active and passive recreational areas and facilities within the subject property of the proposed subdivision; whereas, no active recreational areas or facilities are proposed.
Applicant will seek any other variances or waivers, permits, exceptions or other relief as the Board shall deem necessary and appropriate without further notice. A copy of the Application, plans and supporting documentation are on file in the office of the Planning Board for public inspection during business hours. Any interested person may appear in person or through its attorney or designated agent at the aforesaid public hearing at the time and place herein stated and may be heard on this Application. This notice is given pursuant to N.J.S.A 40:55D-1 et seq. YELLOWBROOK PROPERTY CO. By: Law Office of Vincent M. DeSimone, LLC 46 E. Water Street Toms River, NJ 08753 Vincent M. DeSimone, Esq. Attorneys for the Applicant Dated: July 23, 2014 ($111.60) 105171