Ocean Township Zoning Board Faces Plea from Family Over Zoning Violations
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Meeting Type:
Zoning Board
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Meeting Date:
09/19/2024
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Recording Published:
09/20/2024
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Duration:
57 Minutes
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State:
New Jersey
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County:
Monmouth County
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Towns:
Ocean (Monmouth County)
- Meeting Overview:
The Ocean Township Zoning Board meeting addressed a range of issues, including zoning amendments, variances, and appeals from residents. Of particular note was the plea from Joseph and Stella SN, who sought forgiveness for zoning violations related to their property’s garage conversion.
Joseph and Stella SN, residents of 355 Lake Avenue, presented their case to the board, detailing their move from Brooklyn and the challenges they faced living in a small home with five children. Joseph explained that the family had converted their garage into a play area without securing the necessary permits, which led to zoning violations, fines, and a stop-work order. Joseph expressed regret for their oversight, emphasizing the family’s pressing need for additional space for their children. “We were just driven by pressing needs for an additional space for the kids to play and run around,” he stated.
The SN family sought approval to expand their attic and convert the garage into a pool house, clarifying that the garage conversion was not intended for sleeping purposes. They submitted updated plans reflecting this change. The zoning official confirmed that the garage conversion occurred without permits, discovered during another construction project. She noted that any structural changes to the non-conforming accessory building would require variances due to its proximity to property lines.
In the ensuing discussion, the zoning official raised concerns about the placement of a condenser associated with the air conditioning system, which was not included in the survey. This would necessitate additional variances for any modifications to the structure. The official reiterated the importance of following proper procedures, stating, “Any structural change would require variances as well.”
Further deliberation focused on the potential future use of the accessory building. Board members expressed concerns that a future owner could transform the playroom into a bedroom, effectively creating a second residence on the property. A suggestion was made to implement a deed restriction prohibiting the building from becoming an accessory apartment or separate dwelling, limiting its use strictly to a playhouse or pool house associated with the primary residence.
Another point of discussion was the removal of the gas line, which had been cut, and the permit canceled due to lack of need. The applicant confirmed the absence of cooking appliances. The board member acknowledged that a full bath was acceptable for a pool house, although concerns lingered about the presence of an air conditioning condenser located in the side yard.
The condenser, described as a mini-split unit, was scrutinized concerning setback requirements. The unit’s height from the ground was clarified, with the board noting that the unit would require a variance for side and rear yard setbacks. The applicant was informed they could request this variance during the meeting. Discussion also encompassed concerns about heating within the accessory space, with the applicant revealing they used an electric space heater to prevent pipe freezing in winter. The board contemplated including conditions regarding the absence of heat sources to ensure the space was not utilized as a living area.
The board’s deliberations highlighted the complexities involved in balancing regulatory compliance with compassion for residents’ genuine needs.
In other business, the board addressed amended resolutions, including one for Peter, where the original resolution regarding a shed was amended for clarity on its location relative to a fence. Another amended resolution for Solomon and Sarah Chahar on Elmwood Road involved reclassifying a garage as an accessory building, which did not meet required setbacks. Both amendments received unanimous approval.
The board also granted an extension for a minor subdivision deal on Deal Road, Paper Place, and Route 18 due to delays in obtaining required fire commissioner approval. This extension, too, passed unanimously.
Additionally, the meeting featured a discussion on a property with an accessory building that had undergone renovation. The board scrutinized the potential for the building to be converted into a separate dwelling in the future. A suggestion was made to implement a deed restriction to limit its use strictly to a playhouse or pool house associated with the primary residence.
The session concluded with the board approving a motion for a positive resolution regarding a previous application, resulting in a 4-2 vote. Following this, discussion turned to 10002 Bloomfield Avenue LLC, where variances were sought for a pre-existing home facing front and side yard setback issues. The attorney representing the applicant, Robert Farber, outlined the application, and the board ultimately approved the motion for a positive resolution without conditions.
John P. Napolitani
Zoning Board Officials:
Shawanda Beale, John Fuller, Lisa Littman, Gino Dellomo, Richard Van Wagner, Jason Chmura, Victor Ashkenazi, Gitta Kaplan, Claire Vilanova (Secretary to Zoning Board of Adjustment), Colleen Mayer (Planning Administrator)
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Meeting Type:
Zoning Board
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Meeting Date:
09/19/2024
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Recording Published:
09/20/2024
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Duration:
57 Minutes
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Notability Score:
Routine
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State:
New Jersey
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County:
Monmouth County
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Towns:
Ocean (Monmouth County)
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