Bradley Beach Land Use Board Debates Fence Variance Amidst Zoning Challenges

The Bradley Beach Land Use Board recently held a meeting where members deliberated over several zoning applications and ordinances, with particular focus on a contentious fence variance request. The board also addressed procedural clarifications, parking and driveway regulations, and affordable housing plans.

02:04:00The most notable discussion revolved around a proposed renovation project on a corner lot, which required multiple variances, including one for a four-foot fence where only a three-foot fence is typically permitted. The applicant proposed an open-style fence to accommodate a dog and address the unique topography of the property. This variance request sparked considerable debate among board members, as it challenged existing zoning regulations designed to maintain neighborhood aesthetics.

During the deliberations, some board members expressed support for the variance, referencing precedents where similar variances had been granted. They emphasized the practicality of a higher fence for dog containment and the minimal visual impact given the site’s elevation differences. However, others were concerned about the implications of deviating from the ordinance, citing civic design principles and the potential precedent it might set. One board member articulated a belief that the variance primarily benefited the applicant and did not align with broader community interests.

After a bifurcated approach was suggested, the board voted unanimously to approve the main application minus the fence variance, recognizing the overall improvement it would bring to the neighborhood, such as enhanced drainage and new sidewalks. The subsequent vote on the fence variance saw a split decision, ultimately approving the request despite concerns over visual and zoning impacts.

00:21In another prominent topic, the board discussed the procedural language used when members should recuse themselves from certain votes. It was agreed that when acting on planning matters, the board should be referred to as the Land Use Board acting as the planning board, and as the zoning board when addressing zoning issues. This clarification arose during a discussion about whether a board member should recuse themselves to avoid a conflict of interest, with consensus reached to list the member as excused from voting on a specific issue.

12:54The board also tackled a consistency determination for ordinance number 2025-20, which sought to amend off-street parking and driveway requirements to allow for ribbon driveways. The ordinance was introduced to address multiple applications seeking variance relief for urban driveways and was deemed consistent with the borough’s master plan. The board planner provided a memo supporting the ordinance, noting its alignment with the master plan’s encouragement of regular regulation reviews. A concern was raised about the practicality of maintaining an irrigation system for these driveways, highlighting the balance between aesthetic benefits and additional costs.

Regarding the proposed enhancements to driveway regulations, discussions highlighted the need for consistency in how the land use board is referred to in the ordinance document. The board attorney was tasked with drafting a resolution to encapsulate the findings of consistency while addressing terminology concerns. This collaborative approach aimed to ensure clarity in the board’s role and facilitate future applications.

02:14:39In the final segment of the meeting, the board entered a workshop session on affordable housing. Although currently in a holding pattern due to granted immunity, the board anticipated receiving direction before January regarding an overlay on Main Street.

Members agreed on the necessity of a structured approach to the affordable housing ordinances. They recognized the importance of understanding the overlay’s implications and regulations, with plans to produce a map for the September meeting to ensure informed discussions. The board expressed a preference for full board participation over forming a committee for these discussions.

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.

Receive debriefs about local meetings in your inbox weekly: