Ocean Zoning Board Grapples with Complex Variance Requests Amid Construction Disputes

At the recent Ocean Zoning Board meeting, discussions unfolded concerning multiple variance applications, a significant contract dispute involving a local builder, and the potential impact of these developments on the surrounding community. The board deliberated over the complexities of zoning compliance, emphasizing the need to balance homeowner aspirations with municipal regulations.

The most discussion centered on the variance application for a property on Mammoth Road, where the applicant sought approval for a second-story addition and a covered front porch. Expert testimony was provided by Christine Cafone, a licensed planner with nearly three decades of experience, who supported the application by referencing the township’s master plan, which favors certain flexibility in zoning standards. The proposed addition primarily remained within the existing building footprint, requiring a front yard setback variance of 23.9 feet, where 30 feet is mandated. Cafone argued that the improvements would align with neighborhood aesthetics and cited the removal of an existing non-conforming shed as a step toward compliance.

The board scrutinized the potential impact of these changes, questioning whether the proposed porch conformed with other neighborhood structures. Cafone assured the board that covered porches were common in the area and that the addition would enhance the visual environment without negative consequences. The architectural details were further clarified by Anthony Arcelino, who explained the changes to a room initially labeled as a “maid’s room,” now designated as a “study” to avoid additional parking requirements. He confirmed that a deed restriction would prevent the room from being used as a bedroom, thus satisfying board concerns.

In a separate, contentious discussion, the board examined a dispute involving a builder named Mr. Gohar and his client, Dr. Riley. The issues arose from alleged discrepancies between the submitted plans and the executed work, particularly the misplacement of a hot tub and the construction of a cabana and retaining walls. Dr. Riley expressed dissatisfaction with the project’s management, citing non-compliance and poor quality, which led to litigation against Gohar. The board’s dialogue revealed that the construction had deviated from approved plans, requiring retroactive variances for several elements.

The board also explored the implications of improperly constructed retaining walls, which lacked appropriate permits and engineering reviews, potentially compromising safety and drainage. Addressing these issues, Dr. Riley committed to additional landscaping to mitigate visual impacts and enhance privacy.

The meeting further addressed a complex case involving variances for a second property, focusing on the structural integrity and compliance of a retaining wall and cabana. The property owner sought variances for existing structures and proposed improvements, which included correcting drainage issues and adhering to zoning requirements. The board discussed the necessity of engineering solutions to ensure that the changes would not negatively impact neighboring properties, with particular attention given to water runoff management.

Public concerns were voiced by residents, including Daniel Mayo, who questioned the public benefit of the proposed amenities and expressed worries about the potential disturbance from construction activities. He emphasized the importance of substantial evidence to support the applicant’s claims that drainage improvements would not adversely affect the area.

The board acknowledged these concerns, clarifying that drainage issues post-construction would be addressed by township enforcement. Despite objections, the board approved the variances, contingent on conditions that included further engineering review and adherence to safety standards.

Note: This meeting summary was generated by AI, which can occasionally misspell names, misattribute actions, and state inaccuracies. This summary is intended to be a starting point and you should review the meeting record linked above before acting on anything you read. If we got something wrong, let us know. We’re working every day to improve our process in pursuit of universal local government transparency.
Mayor:
John P. Napolitani, Sr.
Zoning Board Officials:
Shawanda Beale, John Fuller, Gino Dellomo, Victor Ashkenazi, Anthony DeGennaro, Lisa Littman, Jason Chmura, Anthony Pugielli, Mark Leneski, Chris Caramanica, Claire Vilanova (Secretary), Colleen Mayer (Planning Administrator)

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