0:09The meeting’s primary focus centered on the application concerning 301 8th Avenue Unit 3, particularly the proposal to construct a deck and railings on a flat rooftop. This proposal prompted an intricate analysis of historical zoning permits, specifically a 2005 permit that approved a rooftop deck. Chairman Avalone recused himself from the discussion, and Vice Chair Scully led the proceedings. The board’s task was to interpret whether the proposed changes constituted an expansion of a non-conforming use, requiring alignment with the ordinance’s criteria.

Andrew Carris represented the property owner and argued that the property retained its classification as a valid non-conforming use, supported by a 2002 certificate of zoning compliance and the 2005 zoning permit. He introduced various documents, asserting that the use had not deviated from its original approval. The debate intensified when questions arose regarding the documentation’s specificity about the rooftop deck, especially concerning the master deed’s relevance to the zoning laws. The board planner, Donna Miller, highlighted the necessity for detailed documentation illustrating the deck’s location, emphasizing the need for clarity to ensure compliance.

22:36The discussion extended to the historical use of the rooftop and the validity of the 2005 zoning permit. A key point of contention involved whether the deck and railing construction had ever commenced, as no certificate of compliance confirmed the permit’s execution. The absence of the deck and railing at present sparked speculation about the permit’s continued validity. It was noted that while a zoning permit might not have the same expiration terms as a construction permit, which usually requires action within a year, the applicable ordinance’s details remained ambiguous.

Further complicating matters was the debate over whether installing railings and decking would intensify the use of the rooftop. One argument suggested that enhancing safety through railings did not necessarily equate to increased use, as the existing conditions were already permitted. The discussion also touched on whether the modifications would alter the property’s fundamental nature, referencing historical cases concerning non-conforming uses.

A specific ordinance was mentioned during the debate, stating that a permit shall expire after three months unless a construction permit is issued. This raised questions about whether this ordinance applied to the 2005 permit. The necessity of reviewing the original zoning and construction permit documentation was acknowledged, prompting the board to take a break to examine the relevant documents and determine the proposal’s legal standing.

Upon reconvening, the board decided that additional information was needed, particularly regarding the construction file and any potential permits related to the proposal. The deliberations were scheduled to continue on April 8, allowing time for further document review without requiring additional notice.

0:09In addition to the rooftop deck discussion, the meeting addressed several administrative matters. The board appointed temporary officials, with Chairman Avalone named as the temporary chair and Marie Rodriguez as the temporary board secretary. Jack Sero was appointed as the temporary board attorney. The board then proceeded with nominations for 2025 offices, resulting in John Scully’s election as vice chairperson after a vote. Marie Rodriguez was appointed board secretary without opposition, and various professional appointments were confirmed unanimously.

Another point of business involved designating the official newspapers for the zoning board, with the Coaster and Asbury Park Press receiving unanimous approval. A change to the meeting schedule was also discussed due to a primary election, resulting in the June meeting being rescheduled from the 10th to the 17th.