Ocean Zoning Board Denies Variance for Elevated Pool Amid Neighbors’ Concerns

During the recent meeting of the Ocean Zoning Board, the most significant issue addressed was the denial of a variance request for a pool that had been constructed at an elevated height, causing concerns among neighboring residents about potential water runoff and aesthetic impacts. The board engaged in a review of the project, which included discussions about the stormwater management system, the necessity of the raised grading, and the impact on the surrounding properties.

The applicant’s engineer presented a stormwater management system described as a larger version of a typical dry well, designed to control the volume and rate of water leaving the site, purportedly improving predevelopment conditions. However, the board and the public questioned the elevation of the pool and the reasons for the variance. Photos were presented, evidencing the excessive elevation and the impact on nearby properties, leading to a unanimous decision to deny the variance request, advising the applicant to develop an alternative plan that complies with zoning specifications.

Public concern was voiced by Antonio Russo, who brought forth photographs as exhibits to show the differences in original grade and raised grade and to illustrate the flooding after rainstorms. The applicant’s representative countered by explaining that the stormwater system intended to mitigate runoff was not yet fully installed. Nevertheless, the board deliberated on the necessity of the raised grading and the reasoning behind the variance request. Concerns about the lack of community benefit and impairment to the zoning plan eventually led to the denial of the variance.

The meeting also covered the case of Michael Giosi, who presented a new grading plan and was advised to work with an attorney to secure an easement for grading on neighboring property. The board offered a positive resolution with the condition of providing the grading easement.

Allan Sassone’s request to replace and enlarge an existing uncovered front porch was similarly met with a positive resolution after agreeing to provide a required grading plan to maintain the current setback.

Maurice Sour and Linda Misachi submitted various reports and a variance plan for their inground pool construction, addressing engineering concerns and detailing measures to mitigate runoff impact. The board closed the public hearing with a positive resolution.

Philip and Celia Celler’s application to keep the existing pool patio and stone areas constructed within the side and rear yard setbacks prompted a discussion on the encroachment. The board ended the meeting with anticipation of further testimony to understand the rationale behind the construction and to assess compliance with zoning regulations.

An application by Jennifer S. Crico, representing a client proposing an inground pool and associated changes to a sloped yard, highlighted the challenges of the corner lot’s topography. Jason Fiter, engineer and planner, detailed the construction plans, and the board approved the application unanimously after a review.

The proposed outdoor living space improvements on Dixon Avenue faced challenges due to the existing topography and required variances for the rear yard to the cabana, the front yard to the patio, and the changing grade. The applicant argued for the general welfare benefits and property value increases, but the board sought to ensure compliance with zoning regulations and consider the neighborhood’s impact.

Additionally, discussions about the continuation of stay-at-home practices during the COVID-19 pandemic prompted the applicant to justify proposed improvements as non-detrimental to the public good and in alignment with the township’s master plan for recreational facilities and outdoor living spaces. Nevertheless, neighbors’ concerns about the proximity of the proposed cabana and pool equipment led to a request for further review and consideration of the proposed outdoor living space.

Miss Clark’s concerns about flooding, drainage, and noise from new construction were debated. The applicant’s engineer argued that the water flow direction would not change, and that the board’s variance decision would not affect permissible activities on their property. The visual impact was also a concern, with the board discussing the potential for construction disruptions.

Future hearings scheduling was addressed, with considerations for carrying over applications to the next meeting due to time constraints. A two-minute recess was called to discuss water runoff concerns, and a special meeting was suggested to address pending applications.

A discussion about property topography, specifically the slope direction and impact on water runoff, was prompted by a resident’s concern about the steep grade change. The board engineer provided clarity on the situation, assuring that the slope directs water towards Wilson Drive and not toward adjacent properties.

The proposed construction of a pool and Cabana brought up concerns about setback compliance. Suggestions for reconfiguring the yard and positioning the structures to meet requirements were debated, alongside discussions about noise impact and visual aesthetics.

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, Lisa Littman, Gino Dellomo, Richard Van Wagner, Jason Chmura, Victor Ashkenazi, Gitta Kaplan, Anthony DeGennaro, Anthony Pugielli, Mark Leneski, Claire Vilanova (Secretary to Zoning Board of Adjustment)

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