TOMS RIVER TOWNSHIP PLANNING BOARD
NOTICE OF PUBLICATION
PLEASE TAKE NOTICE that on the 3rd day of December 2025, at 6:00 p.m., a public hearing will be held before the Toms River Township Planning Board located at 33 Washington Street, Toms River, County of Ocean, New Jersey, on an application filed by EETTSA. The subject property is located at Bimini Drive and Route 37, also known as Block 506.01, Lots 1.01 – 1.07, Toms River Township, Ocean County, New Jersey. The property is located in the RHB-AH37 Rural Highway Business Zone – Affordable Housing – Route 37 District and is currently vacant, consisting of 24.414 acres. The applicant seeks Preliminary and Final Major Site Plan and Major Subdivision approval so as to establish six (6) new building lots on the subject property. The application also requests Preliminary and Final Major Site Plan approval for a planned unit development of the six (6) new lots to be established as follows:
• Proposed Lot 1.08 will contain two (2), two story three-bedroom town-
houses buildings involving 16 units. (Preliminary and Final Site Plan)
• Proposed Lot 1.09 will contain a 30,352 SF "Matt Blatt Kia" automotive
sales and service building. (Preliminary and Final Site Plan)
• Proposed Lot 1.10 will contain four (4), three story apartment build-
ings, three (3) buildings with 24 units, and one (1) building with 26
units and 2,000 SF of amenity floor area. (Preliminary and Final Site
Plan)
• Proposed Lot 1.11 will contain a 5,126 SF restaurant/retail building and
one (1) 5,000 SF retail building. (Preliminary Site Plan only)
• Proposed Lot 1.12 will contain a 5,670 SF "Quick Chek" convenience
store with gas sales. (Preliminary and Final Site Plan)
• Proposed Lot 1.13 will contain a 2,335 SF restaurant/retail building.
(Preliminary Site Plan only)
APPLICANT SHALL BE REQUESTING THE FOLLOWING VARIANCES FROM THE TOMS RIVER TOWNSHIP LAND USE AND DEVELOPMENT REGULATIONS:
1. Applicant is requesting a variance for Landscape Buffering (348-8.4): a 50 FT landscape buffer is required to separate residential and non-residential uses, where insufficient buffering is provided between new Lots 1.10 and 1.11.
The variance request for Block 506.01, Lot 1.08 (Townhouses) is as follows:
1. Applicant is requesting a variance for Minimum LotArea (348-10.17): 5.0
acres is required, where 2.79 acres is proposed for new Lot 1.08.
The variance requests for Block 506.01, Lot 1.09 (Matt Blatt Kia of Toms River) are as follows:
1. Applicant is requesting a variance for Maximum Sign Area (348-8.26): 32 SF is required, where 207.8 SF is proposed for new Lot 1.09.
2. Applicant is requesting a variance for Storage of Vehicles Awaiting Service/Repairs (348-5.37): vehicles are required to be enclosed and screened from public view, where a 6 FT high vinyl privacy fence in the side yards but not the front yard is proposed for new Lot 1.09.
3. Applicant is requesting a variance for Maximum Sign Height (348-8.26): 10 FT is required, where 25 FT is proposed for new Lot 1.09.
4. Applicant is requesting a variance for Sign Illumination (348-8.26): external illumination is required, where backlit illumination is proposed for new Lot 1.09.
5. Applicant is requesting a variance for Number of Wall Signs (318-8.26): 1 is required, where 5 is proposed for new Lot 1.09.
6. Applicant is requesting a variance for Maximum Wall Sign Area (348-8.26): 60 SF is required, where 71.8 SF is proposed for new Lot 1.09.
7. Applicant is requesting a variance for Vehicle Display Side Setback (348-5.37): 25 FT is required, where 20 FT is proposed for new Lot 1.09.
The variance request for Block 506.01, Lot 1.11 (Restaurant/Retail and Retail Building) is as follows:
1. Applicant is requesting a variance for Maximum Sign Area (348-8.26): 32 FT is required, where 120 FT is proposed (Ground Sign) for new Lot 1.11.
The variance requests for Block 506.01, Lot 1.12 (Quick Chek Convenience Store and Gas Station) are as follows:
1. Applicant is requesting a variance for Accessory Front Yard Setback(Canopy) (348-5.8): 100 FT is required, where 65 FT is proposed for new Lot 1.12.
2. Applicant is requesting a variance for Accessory Structure Location (Canopy): The Canopy is required to be located in the rear or side yard, where location in the front yard is proposed for new Lot 1.12.
3. Applicant is requesting a variance for Solid Waste Storage Front Yard Setback (348-8.27): 100 FT is required, where 45 FT is proposed for new Lot 1.12.
4. Applicant is requesting a variance for Solid Waste Storage Location: The solid waste storage is required to be located in the rear or side yard, where location in the front yard is proposed for new Lot 1.12.
5. Applicant is requesting a variance for Loading/Fueling Area Front Yard Setback (348-8.19): 100 FT is required, where 20 FT is proposed for new Lot 1.12.
6. Applicant is requesting a variance for Off Street Loading Location (348-8.19): side or rear year is required, where front yard (fueling zone) and side yard is proposed for new Lot 1.12.
7. Applicant is requesting a variance for Maximum Sign Area (348-8.26): 32 SF is permitted, where 207.8 SF is proposed (Pylon Sign) for new Lot 1.12.
8. Applicant is requesting a variance for Maximum Sign Area (348-8.26): 32 SF is permitted, where 120 SF is proposed (Ground Sign) for new Lot 1.12.
9. Applicant is requesting a variance for Maximum Sign Height (348-8.26): 10 FT is permitted, where 25 FT is proposed for new Lot 1.12.
10. Applicant is requesting a variance for Maximum Changeable Copy Sign Area (348-8.26): 18 SF is permitted, where 55 SF is proposed for new Lot 1.12.
11. Applicant is requesting a variance for Maximum Number of Wall Signs (348-8.26): 1 is permitted, where 2 is proposed for new Lot 1.12.
12. Applicant is requesting a variance for Maximum Wall Sign Area (348-8.26): 60 SF is permitted, where 80.3 SF is proposed for new Lot 1.12.
13. Applicant is requesting a variance for Minimum Unoccupied Open Space (348-10.27.2): 20% is required; where 19.4% is proposed for new Lot 1.12.
APPLICANT SHALL BE REQUESTING THE FOLLOWING DESIGN WAIVERS FROM THE TOMS RIVER TOWNSHIP LAND USE AND DEVELOPMENT REGULATIONS:
The design waivers for Block 506.01, Lot 1.09 (Matt Blatt Kia of Toms River) are as follows:
1. Applicant is requesting a design waiver for Minimum Landscaping Width Around Solid Waste Storage: 5 FT is required, where 0 FT is proposed for new Lot 1.09.
2. Applicant is requesting a design waiver for Minimum Corridor Landscape: 50 FT is required, where 38.3 FT is proposed for new Lot 1.09.
3. Applicant is requesting a design waiver for Number of Street Trees: 17 is required, where 0 is proposed for new Lot 1.09.
4. Applicant is requesting a design waiver for Minimum Landscape Buffer: 10 FT is required, where 0 FT is proposed for new Lot 1.09.
5. Applicant is requesting a design waiver for Minimum Flower Pockets: 6 is required, where 0 is proposed for new Lot 1.09.
6. Applicant is requesting a design waiver for Berm/Landform: the Berm/Landform is required to be within the designated zone, where the Berm/Landform is proposed to be outside of the designated zone for new Lot 1.09.
7. Applicant is requesting a design waiver for Maximum Front Yard Fence Height: 4 FT is required, where 6 FT is proposed for new Lot 1.09.
8. Applicant is requesting a design waiver for Minimum Parking Stall Size: 9 FT by 18 FT is required, where 8 FT by 18 FT is proposed for new Lot 1.09.
9. Applicant is requesting a design waiver for Number of Loading Spaces: 1 is required, where 0 is proposed for new Lot 1.09.
The design waiver for Block 506.01, Lot 1.10 (Market Rate and Affordable Housing Units) is as follows:
1. Applicant is requesting a design waiver for Minimum Ingress/Egress: 2 is required, where 1 is proposed for new Lot 1.10.
The design waiver for Block 506.01, Lot 1.11 (Restaurant/Retail and Retail Building) is as follows:
1. Applicant is requesting a design waiver for Maximum Front Yard Fence Height: 4 FT is required, where 6 FT is proposed for new Lot 1.11.
The design waivers for Block 506.01, Lot 1.12 (Quick Chek Convenience Store and Gas Station) are as follows:
1. Applicant is requesting a design waiver for Minimum Corridor Landscape: 50 FT is required, where 19 FT is proposed for new Lot 1.12.
2. Applicant is requesting a design waiver for Minimum Landscape Buffer: 10 FT is required, where 0 FT is proposed for new Lot 1.12.
3. Applicant is requesting a design waiver for Minimum Flower Pockets: 3 is required, where 0 is proposed for new Lot 1.12.
The design waivers for Block 506.01, Lot 1.13 (Restaurant Building with Drive Thru) are as follows:
1. Applicant is requesting a design waiver for Minimum Corridor Landscape: 50 FT is required, where 19 FT is proposed for new Lot 1.13.
2. Applicant is requesting a design waiver for Number of Street Trees: 5 is required, where 3 is proposed for new Lot 1.13.
3. Applicant is requesting a design waiver for Minimum Landscape Buffer: 10 FT is required, where 0 FT is proposed for new Lot 1.13.
4. Applicant is requesting a design waiver for Minimum Flower Pockets: 2 is required, where 0 is proposed for new Lot 1.13.
TOGETHER WITH ANY AND ALL OTHER VARIANCES AND/OR DESIGN WAIVERS THAT MAY BE REQUESTED OR REQUIRED BY THE TOMS RIVER TOWNSHIP LAND USE AND DEVELOPMENT REGULATION.
It should be further noted that the plans and papers are on file with Toms River Township Planning Board and can be requested at the Clerk’s Office located at 33 Washington Street, Toms River, Ocean County, New Jersey and are available for inspection, during normal business day hours, Monday through Friday 8:30 a.m. to 4:30 p.m. On file for inspection are: 1) The Complete Application; 2) "Preliminary and Final Major Subdivision Plan, Preliminary and Final Major Site Plan for Proposed Lots 1.08, 1.09, 1.10 and 1.12 in Block 506.01, and Preliminary & Final Major Site Plan for Proposed Lots 1.11 and 1.13 In Block 506.01 for EETTSA Route 37, Block 506.01, Lots 1.01 Thru 1.07, Township of Toms River, Ocean County, New Jersey.'' The drawings, consisting of thirty-five pages (35) have been prepared by Hammer Land Engineering, and are signed by Leanne R. Hoffman, P.E., P.P., C.M.E., NJPE#38288. The drawings are dated 05/19/2025, unrevised. 3) "Major Subdivision Plan, EETTSA LLC, N.J.S.H. Route 37 & Bimini Drive, Lots 1.01, 1.02, 1.03, 1.04, 1.05, 1.06, 1.07, Block 506.01, Township of Toms River, Ocean County, New Jersey." The drawings, consisting of one (1) page, have been prepared by Blue Marsh Associates, Inc., and are signed by Joseph J. Wright. The drawings are dated 05/07/2025, unrevised. 4) "Boundary and Topographic Survey EETTSA LLC, N.J.S.H. Route 37 & Bimini Drive, Lots 1.01, 1.02, 1.03, 1.04, 1.05, 1.06, 1.07." The drawings, consisting of four (4) pages, have been prepared by Blue Marsh Associates, Inc., and are signed by Joseph J. Wright. The drawings are dated 12/09/2024, unrevised. 5) Architectural plans for Bimini Drive prepared by Donovan Architects and Kailian Development, dated 01/09/2025, last revised 05/22/2025. 6) Architectural plans for Matt Black Kia of Toms River prepared by Styer Group, dated 05/20/2025, unrevised. 7) Architectural Plans for Proposed Building: QuickChek prepared by Gary Kliesch and Associate Architects, dated 05/22/2025, unrevised. 8) Operations and Maintenance Manual, prepared by Hammer Land Engineering, dated 05/19/2025. 9) Traffic and Engineering Assessment prepared by Shropshire Associates, LLC, dated 05/23/2025. 10) Stormwater Management Area Evaluation, prepared by Whitestone Associates, Inc., dated 12/09/2024.
Any interested party may appear at said hearing and participate therein in accordance with the rules of the said Planning Board
ROBERT C. SHEA, ESQUIRE
Attorney for the Applicant
DATED: November 6, 2025 R.C. Shea & Associates
Toms River, New Jersey
($266.64)