TOWNSHIP OF B_RlCK

LAND DEVELOPMENT APPLICATION

ApplicationNo.l?fo r-32-?G-- fsf - fj f-c D !1/yt

Planning Board _ _ Zoning Board X Date of Submission~-~-~21
Mo. Day Yr.
Application Fee $ $ 750 . 00
Escrow Fee $'- --,2,,----,"0"0:r0'.--,0""""0::;---- - - - -

A. Aimli£ant Congregation Kehilos Yisroel

Name

401 Madison Avenue

Street Address

Lakewood NJ 08701
City & State Zip Code
732-905-9992 office@baisdin.org
Telephone# Listed ( ) Unlisted ( ) Email

(If not owner, set forth ownership interest, contact purchaser, etc., & attach copy
of document following same).

Owner Same as above

Name

Street Address

City & State Zip Code

Telephone# Listed ( ) Unlisted ( ) Email

B. TYPE OF APPLICATION: New- - - - Amended_ _ _ __

1. Minor Subdivision 4. Site Plan-Pre!. X

2. Major Sub.-Prel. _ 5. Site Plan-Final 7<
3. Major Sub .-Final _ 6. Conditional Use X
Date of Pre!. App. _ (Must be accompanied by
Site Plan)
7. Minor Site Plan
8. Cluster Zone 12. C.40:55D-70D X
9. C.40:55D-70A 13. C.40:SSD-34
10. C.40:55D-70B 14. C.40:SSD-35
11. C.55D-70C ----X

C. PREVIOUS APPEALS_ QR ACTIVITY

No X Yes_ _ _ If yes, date_-_-__ Type Variance_ _ _ _ _ _ __

Mo. Day Year
Approved _ _ _ Disapproved_ _ __
D. LocatiQD : 200 Van Zile Rd
Street Address

58 1095 1
Tax Map# Block (s) Lot (s) #

Type of Road: Cul-de-sac Secondary _ _

Minor Major
Collector Arterial

Number of proposed streets w/names:

N/A

ZQne Di£trict:

Residential Busine_S__S_ Other

R-5 B-1 H-S

R-7.5 X 8-2
R-10 B-3
R-15 8-4
R-20
R-R-1
R-R-2
R-R-3
R-M

OfficeJ'rnfessional/Ligh!_Jrujustrial

0-P
0-P-T
M-1

E. DESCRJPTION OF PROPOSED USED:

1. Present Use House of Worship

2. Proposed Use House of Worship and School

3. No. of Lots/Units 1
-- - - - - -- - - - - -- - - - - - - - -
. fD . . fA . . Change of Use, the current use is a House
4. B ne escnptlon o pp11cation _ _ _ _ _ __ _ __ __ __ _ _ _ __ _ _ _
of Worship, the applicant is proposing to add the school use as well.

5. Lot Size:
Lot Area Lot Area
Frontage/Width Depth Sq. Feet Acres

Proposed: 233.54' N/A 179,037 4 .11

200' 90 87,120 2.00
Reguired:
5A. Does Applicant/Owner Own Adjoining Property? Yes _ _ _ __ No X

If yes please describe: _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ __ __

6. Primary Building Setback Requirements:

Front Sides Rear

Van Zile Road - 72.69" N/A N/A
NJ State Highway Route 70 - 71 .87' N/A N/A
Proposed Hendrickson Ave - 110.34' NIA N/A
Mathis Street - 183.29' N/A N/A
40 40 40
Reguired

7. Accessory Building Setback Requirements:

Side Rear Required Proposed

ProQQsed . A =sof(l' nt()Nl TAIi() '!iETil• CK : ! N/A

ACC. 91.DG.

~
r, :

- a.a,:;. ,:J:,
....,.-,. I
HENCRICKSQt,I A"<OtlJE:

H(NORICKSOH ir.'l!:NUf::
H,"'°•
~:l.12· •

3 1 .15 1' •
B±g_uired ! \/AN ?!L£ RO...O, .)?.'4«' ·

8. Height:

Pr.QQ_osed

Max. Allowed

9. Percent of Lot Coverage Building

Proposed 12.54%

Allowed 30%

10. With Percent Impervious Coverage

Proposed 35.64%

Allowed 70%

11. Gross Floor Area

Proposed Sq. Ft.

Min. Required Sq.Ft.

12. Number of Parking Spaces:

Off Street Loading

Proposed 117

Min. Req. 7

13. Basis for determining parking requirements:

Employees _ _ __ Units____ Seats _ __ _ Beds _ __

Courts Rooms___ Stalls_ _ _ _ Other _ _ _

Showparkingcaluclations: 1.5 Space per Classroom required: 6 proposed: 111

Handicap Spaces required: 1 Proposed: 6
 F. UTILITIES

Water: Will the applicant require new water supply in street? Yes _ _ No X

Is Municipal water supply available? Yes _x_ No _ __

Is water to be supplied from a well? Yes No X

HasapplicationbeenmadetotheB.T.M.U.A.? Yes N/A No N/A

Has application been approved? N / A Denied N/A Date_

Comments N/ A

2. Sewerage: Will this application require new sewage lines in streets? Yes No X

Will the application require expansion of existing lines? Yes No X

Will this application require a septic system? Yes No X

3. Gas: Natural Gas Existing~ Above Ground

Propane Proposed__ Below Ground

4. Electric: Existing _ _X_ Above Ground _ __

Proposed _ _ Below Ground _ __

G. Has application been made to the Ocean County Planning Board? No

Approved _ _ _ Denied Date _ _ _

H. Deed Restriction or Covenants? Yes No x

(If yes, attach copy)

I. Certificate of Taxes/assessments paid to date attached? _ _

(Said certificate to be submitted with application for acceptance)

J. Has application been made to the Tax Assessor for Block & Lot assignments: Yes No

Proposed building, structure or use thereof is contrary to Brick Zoning Ordinance in the following
particulars (state articles & sections)

245-298.2 Accessory Buildings within Setback

K. ARQU_MENTS FOR VARIAN CE: (To be completed by applicant)

Undue hardship consideration (Cl or C2):_ _ _ _ _ _ _ _ __ _ __ _ __ __ __

Buildings are existing and due to the structure of the lot everything can be considered a front yard thereby not allowing any accessory buildings

C" variances are for existing conditions that will not change and will have no substantial detriment to the public good or the zone plan
and zoning ordinance. Additional testimony will be provided.

Negative Criteria: (To be completed for "D" variance & "Conditional Use Variance"
applications)

See Attached Rider to Application

 Special Reasons: (To be completed for "D" variance only)

See Attached Rider to Application

L. Has there been a market value offer to sell or purchase all or part of adjoining property if applying for
"C" variance, i.e. lacking square footage, width or depth? Yes ____ No _ __ _ _

M. List of maps, reports and other material accompanying application:

(Appropriate checklist must accompany all site plan and subdivision applications)

NO. DESCRIPTION OF ITEM MO. DATE YR.

1.
2.
3.
4.
5.

N. LIST OF INDIVIDUALS WHO PREPARED PLANS:

1. Engineer/ Newlines Engineering

Surveyor Name
315 Mornouth Ave Suite 205
Address
Lakewood NJ 08701
City State Zip Code
732-994-4900 info@newlinesnj .com
Phone# Email
2. Architect Rise Architecture
Name
241 37th ST Suite 440
Address

City State Zip Code 112 3 2

Brooklyn NY
Phone # 51 6 - 2 4 9 - 3 7 4 6 Email info@risearchitecture.com

3. Site Planner Christine Cofone

Name
125 Half Mile Rd Suite 200
Address Red Bank NJ 07701
City State Zip Code
732-933-2715 ccofone@cofoneconsultinq.corn
Phone# Email

4. Attorney Adam Peffer

Name
2110 W. County Line RD
Address
Jackson NJ 08527
Cty State Zip Code
132-364-7333 info@lspglegalgroup.com
Phone# Email
Q. AFFIDAVIT OF OWNERSHIP:
STATE OF NEW JERSEY

COUNTY OF OCEAN

V<,v: J. Gluck<, of full age being duly sworn according to law on oath
deposed and says, that all the deponents reside at ~ t I'll\ -~C- -ti,- -- - - - - -- - -
- -I 0\.- ~~
inthe Town.s~:e b~ L~Ke""\J.70q ofandStateof New :J-e('~{~
that ~"O• \{lYJ :\o.5 Yf )f9t, \ is the owner in fee of all that certain lot, piece ofland situated,
lying and being in the municipality aforesaid, and known and designated as Block (s) IO S-- ':1,
Lot (s) _ _~ - -- -- - -- - - - -- - --
Street Address r:l.oo Va..(\ :z.:lt -rrJ..
Sworn and Subscribed to
before me this l 1 "" day

~
of f,/o<ltr,loH" , 20--2:::.L
YITZCHOK NEUSTADT
NOTARY PUBLIC OF NEW JERSEY !r to Sign Here)
Comm• 50114161
R. ~~4

(If anyone other than above owner is making this application, the following authorization must be
executed)

To the approving Board of the Township of Brick:

CoA ~- 1-<l½: \\°',) Y";~,fa, \ is hereby authorized to make the within application.

Dated: l \- l 1 - "l.O'l... \
Owners Signature
S. ADDRES_S ALL CORRESPONDENCE CONCERING_I__H_l_S_APPLICATION TO:

( )Applicant ( ) Owner ()(.) Attorney

Name and Firm l,!v''1A; ~Vil-'\ I 'P~e~ r CS:-oll.rn~" I 1), ~

Address '"::l..\) O uJ. CoJ~ \i 'lf '"' , Sv :i,e:, 1. 3""-c"l(f,M VJ oys-2. I
T. WITNESS FOR APPLICANT

Identifying letter to proceed name of witness:

S - Self/Relative N-Neighbor O-Other

T - Twp. Employee E - Expert

1. - -- 2.
Name Name

3. - -- 4.
Name Name
5. - - -
Name
0 . AUTHORJZATION QF SIGNATURE (If applicant is a corporation)

This will certify that Qc.11: ~ GIJc.K

Title \)rt~; Jtoil of(Corporation Name & Address)
C<>11y kt~;lo.s Y:s-roc.\
'-tOI M-, .i.: t.P" A..t. 1.. KtwooJ. A/J o fJ o \
who subscribed to the above application for development in the Township of Brick has been authorized by
this Corporation to do so.

Attest ·y.·srce\
Secretary (Corporate Seal)

N.J.S.A. 40:55D-48.1 et seq. Requires all corporations or partnerships applying to a Planning Board or
Board of Adjustment for permission to subdivide a parcel of land into six (6) or more lots or applying for a
variance to construct a multiple dwelling of twenty-five (25) or more family units or seeking approval of a
site to be used for commercial purposes to list:

a) If a corporation - names and addresses of all stockholders owning at least 10% of its
stock of any class;
b) If a partnership - names and addresses of the individual partners having at least 10%
interest in the partnership.

\)°'v.~ C\Jc\<
l C\ ~~fr'\ c-t lo.l,(il.AJ~ NJ 0170 \

P. AFFIVDAVIT QE API>_LICANI:

STATE OF NEW JERSEY

COUNTY OF OCEAN

I) "'v·. J GI JC. Ii( of full age being duly sworn according to law, on oath
deposed and says, that all of the above statements and the statements contained in the papers
submitted herewith are true.

Sworn and Subscribed to:

before me this l 1 day :
of /(.P'lt.f\et,_r__, 20~:

YITZCHOK NEUSTADT
NOTARY PUBLIC OF NEW JERSEY
a~
Applicant to sign here

Comm# 50114161
My Commlaslon Expires Oct. 7, 2024
 BRICK TOWNSHIP PLANNING BOARD/BOARD OF ADJUSTMENT

CHECKLIST

SITE PLAN (PRELIMINARY OR FINAL)

The following items must be addressed before the application can be deemed complete:

1. / Conforming title block (N.J.S.A. 45:8-36, N.J.A.C. 13:40-1, N.J.A.C. 13:40-2)

2. / Date of plan including all revision dates

3. / Graphic and numeric scales

4. / Layout of proposed building or structure including preliminary architectural floor and

elevation plans

5. / Key Map delineating P.I.Q. and surrounding areas and streets

6. / Title of Development

7. / Reference Meridian

8. / Block and Lot numbers

9. / Name and address of owners

10. / License number and seal of person preparing plan

11. / Signature blocks for Planning Board/Board of Adjustment officials

(located above title block) on each sheet

12. / Location of all signs

13. / Plan size 24" x 36" or 30" x 42"

14. / Scale 1" -10, 20, 30, 40 or 50 feet

15. / Distances in feet and decimals of a foot

16. / Bearings to the nearest 30 seconds

17. / Error of closure 1:10,000

18. _!_____ Names, lots and blocks of all owners within 200 feet of subject premises

19. _!_ All structures within 200 feet of subject property

20. / Zoning and setbacks of property within 200 feet

21. ~oundaries of property, all building setback lines, easements, dedicated

areas, R.O.W.'s, etc.

Checklist - Site Plan (Preliminary or Final)

22. / Copy of Covenants, deed restrictions

23. ~ Distances to nearest street intersection

24. ~ Location of all existing structures on site---delineating those to be removed

25. / Location, size and inverts of all storm drainage systems, utility lines, flow direction,

etc. within 200 feet of site

26. / Existing and proposed contours, finished grades, spot elevations tied to N.G.V.D

27. / Location of all wooded areas, water courses, etc.

28. /Survey prepared by licensed surveyor

29. ,IA Proposed easements

30. /Proposed use ofland and buildings

31. !!i1i_ Proposed streets including profiles, grading and cross-sections and dimensions

32. /Size and location of all driveways, curb cuts, walkways

33. / Location, design and dimensions of all parking areas, aisles and barriers

34. / Location of all utilities

35. _ _ Proposed lighting e"/- s: ·If,~

36. _ _ Proposed landscaping ~:t,: .,,

37. f11A__ Proposed storm water drainage system and calculations prepared by a Professional

J
Engineer registered in New Jersey fl• ~; ~l,. c'-.., 5 pl lif'/'I el

38. _Mb_ Soil boring logs

39.tl./h._ Sight triangle easements

40. /:!J.h:._ Trash storage areas t,U:t~j

41. / Appropriate fee

42. ___!___ 3 prints- 1 + 4 copies of application - Planning Board

/ 3 prints- 1 + 4 copies of application - Board of Adjustment

This checklist is not intended as s substitute for the Zoning and Subdivision Ordinances which should be referred
to for all Design Standards and Requirements.
CONDITIONAL USE VARIANCE JUSTIFICATION

Under N.J.S.A. 40:55d-70.D(3) and the Coventry Square case, the following are the
proofs for a conditional use variance for the proposed church:

Is the Site still suitable for the use even though the proposal does not comply
with the conditions in the ordinance?

The Site is already laid out to function as a school. As the site engineer will testify, the
Site will be able to accommodate the school use even though it does not comply with
the conditions.

Does the proposed use further the purposes of the Municipal Land Use Law
(MLUL)?

Concept of inherently beneficial use

At N.J.S.A. 40:55D-4, the Municipal Land Use Law defines a "inherently beneficial use"
"a use which is universally considered of value to the community because it
fundamentally serves the public good and promotes the general welfare." Courts have
held schools and houses of worship to be inherently beneficial uses.

In addition to being an inherently beneficial use in New Jersey, religious institutions are
protected under federal law under a law known as the Religious Land Use and
Incarcerated Persons Act.

Four Prong Sica Balancing Test: Sica v. Board of Adjustment of Township of Wall, 127
N.J. 152, 165 (1992)

1) Identify the public interest at stake

Since the school providing religious instruction is an inherently beneficial use, the
applicant meets the burden of satisfying the positive criteria. Courts have held that
religious activity itself is in furtherance of public morals and the general welfare.

Regardless, the proposal will advance the following purposes of zoning as established
under the Municipal Land Use Law:

a. To encourage municipal action to guide the appropriate use or development of all

lands in this State, in a manner which will promote the public health, safety, morals, and
general welfare;

g. To provide sufficient space in appropriate location for a variety of agricultural,

residential, recreational, commercial and industrial uses and open space, both public
and private, according to their respective environmental requirements in order to meet
the needs of all New Jersey citizens.
h. To encourage the location and design of transportation routes which will promote the
free flow of traffic while discouraging location of such facilities and routes which result in
congestion or blight;

I. To promote a desirable visual environment through creative development techniques

and good civic design and arrangement.

2) Identify the detrimental effect that will ensue from the grant of the variance

None

3) Reduce the detrimental effect by imposing reasonable conditions on the

use?

Should there be any reasonable conditions, they will be discussed at the public hearing .

4) Weigh the positive and negative criteria and determine whether, on

balance, the grant of the variance would cause a substantial detriment to
the public good.

As an inherently beneficial use, the proposal presumptively satisfies the positive criteria,
but will still advance multiple purposes of zoning. As to the negative criteria, there will
be no substantial detriments to the zoning ordinance, zone plan, or the public good.