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Just Wondering : Protecting homeowners’ ocean views

June 3, 2016 by Blogfinger

View of the Ocean Grove harbor.   Paul Goldfinger photo ©

View of the Ocean Grove harbor. Paul Goldfinger photo ©

 

Hi – We live on Ptiman Ave (first block). Our neighbor is in the process of renovating a home next to us greatly expanding the size of the garage and the rear of the property. We have and will lose beautiful ocean views from our second and third floor balconies. I thought the HPC and Neptune Zoning protected and preserved the town from exactly this type of development.

How does this happen / get approved in a town such as Ocean Grove where my home purchase CO was held up by details such as gutter straps, window mullions and the style of exterior lighting?

Please advise if you have any wisdom to shed on this topic. Has it happened before where development has wiped out the vistas of a home owner in town?

Thanks,

Brian Habib

Editor’s note:   Once a view is blocked, you can never get it back.  That was a huge issue in 1986 when a 7 story condominium building threatened the ocean  views of many homeowners on Broadway. We have reported on how that project was defeated.  Can anyone tell Brian how to protect his views?    ——PG

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Posted in Blogfinger Presents | Tagged Blocking views in Ocean Grove | 17 Comments

17 Responses

  1. on June 6, 2016 at 11:53 pm Dr. Carol

    Anyone with a home in OG should be familiar with the HPC’s document (found on the NeptuneTownship.org website, dept=Historical Preservation Committee) I think if you click on my name you’ll pull up the document.

    Ocean Grove Historic District Architectural Design Guidelines for Residential Structures

    P. 12 of the document indicates that no plants may be taller than 30″ in the flare. If your neighbor has a 5′ plant within the flare (usually the front of the steps is the start of the flare), you can call the Township Code Enforcement department and complain. I would, however, write to my neighbor first and point out the violation before involving the township. I have actually done this with a neighbor with somewhat mixed results.


  2. on June 6, 2016 at 10:50 pm Jack Bredin

    Brian, it’s too bad O.G. doesn’t have a Home Owners Assoc., all we have is a group of cheerleaders promoting the Township Committee’s agenda.


  3. on June 6, 2016 at 5:11 pm Brian (7 Pitman Ave.)

    Hi Paul – we weren’t following the post but we caught up on it tonight! . Lots of good information. The address in question is 3 – 5 Pitman Ave. a double lot. We live at number 7.

    We have found that the HPC approved the work on the home on November 10th without comment, so they have the correct “certificate of appropriateness” as it is called. The question really is why is it appropriate to build an oversize garage? For what reason is that historically correct? It’s not living space it’s just a giant roof.

    Never mind that they’re building a giant two 1/2 story addition connecting the house to the garage so it will feel like I’m living behind a 35 foot wall. According to the HPC’s own code connecting structures are frowned upon but it appears they sailed through. To our knowledge we did not receive a notice by certified mail but we are primarily summer residents. Perhaps it was missed. We will check with town this week.

    I am interested though in the information about the flare. Where can I find out how that is enforced? Do you happen to know where to direct me? The same neighbors bushes are grown to 5 feet tall and I’ve asked them to trim them because they do block our porch view you but so far they haven’t been willing to get that done. I’ve even offered to trim or remove them at my own expense and replace them at my own expense when the construction is over.

    No agreement so far.

    Thx as always for your help.

    Brian


  4. on June 6, 2016 at 7:55 am Blogfinger

    Commenters: Sorry for the confusion. Thanks for trying to help. Brian posted his address yesterday—7 Pitman—– and the construction site is “either 3 or 5 Pitman.” ——Paul @Blogfinger


  5. on June 6, 2016 at 7:27 am Jeff

    They would certainly require HPC (and possibly ZBA) approval to enlarge a garage. Call the HPC and ask if this construction was approved. Please let us know what you find!


  6. on June 5, 2016 at 10:38 pm Dr. Carol

    Hmm, Tom, I didn’t know where the original poster lived. You are right, the work on 16 Pitman could not block the ocean view at 7 Pitman. Looking further through the minutes, I see an application for exterior renovation for 3-5 Pitman that was approved 11/10/15 with no comments. This was memorialized 12/08/15. Perhaps this is the one.


  7. on June 5, 2016 at 9:05 pm Brian

    Our address is 7 Pitman Ave. The house in question is either 3 or 5 Pitman. The garage in question faces McClintock.


  8. on June 5, 2016 at 3:07 pm lurker

    Tom’s right. I don’t think that Dr. Carol and the author are talking about the same construction.


  9. on June 5, 2016 at 11:34 am Tom Pritchard

    How does a house at 16 Pitman block the ocean views of a house at 7 Pitman?


  10. on June 4, 2016 at 7:52 pm Blogfinger

    Dr Carol. Thank you for being a citizen reporter and providing us with this valuable information. Paul @Blogfinger


  11. on June 4, 2016 at 7:43 pm Dr. Carol

    HPC held a special meeting on March 24, 2015. The minutes are at http://neptunetownship.org/sites/default/files/documents/HPC/HPC_032415_Minutes-Special.pdf. On June 9, 2015, the HPC voted to “accept the findings of fact” on the proposal. And on the July 14, 2015 meeting, the decision was “memorialized” and thus construction could go ahead. No residents made any public statements against the plans. And I really am not sure that any comments from the neighbors would have swayed the HPC as long as the construction did not impinge on the flare or violate the building codes. The sad fact is that we do not own our views except for those down the flare — we are at the mercy of neighbors.


  12. on June 4, 2016 at 11:02 am The Observer

    Brian: All exterior work ( even re-painting your house in the exact same colors) requires a submission to the HPC and approval of same. Go on-line and look up prior minutes of the HPC to see if this was approved as I am personally aware of multiple situations in OG where homeowners proceeded with exterior additions/fence installation/patio construction/solar panel installation without getting the required approvals. Are appropriate building permits displayed on site? If not, contact Code Enforcement asap. As another commenter wrote, any variance request requires notification to neighbors within 200 feet, so if you did not receive this notification, contact the ZBA to ascertain whether a variance was sought or required and whether notifications were required and why you weren’t notified. Consider retaining a local attorney who is experienced with Ocean Grove HPC and ZBA matters. If you don’t know of one, just read some HPC minutes and you will see that there a few local attorneys who consistently represent homeowners before the HPC and are quite knowledgeable about HPC and ZBA requirements.


  13. on June 4, 2016 at 8:56 am Jeff

    If they really are expanding the garage I would think that they’d need some sort of zoning variance or HPC approval.

    Isn’t a garage a “non-conforming” structure in Ocean Grove? I really don’t know the details, but it is worth looking into to be sure that the proper procedures have been followed.


  14. on June 4, 2016 at 6:18 am OhGee

    a) Talk to the homeowner. b)talk to an OG attorney. I hope the best for you.


  15. on June 4, 2016 at 5:31 am Susan

    If the people renovating needed any variances in any category, neighbors within 200′ must be notified of the scheduled hearing. The applicants have to mail those notices via certified mail. At the hearing, neighbors have the opportunity to voice concerns and objections like this. Did you receive any notices?


  16. on June 3, 2016 at 8:12 pm Old Time OG Lady

    Jack – You are the sound of facts and reason. Though not always happy news, we thank you for being there.


  17. on June 3, 2016 at 6:44 pm Jack Bredin

    Brian, anyone can look at any lot in Ocean Grove, and apply to that lot, the required front yard, side yard, rear yard, and height requirements found in the zoning schedule. A buildable cube can be prepared for that lot.
    A builder must develop within that ‘buildable cube’.
    The ‘light, air, and open space’, that remains on the lot, (and that includes the view) belongs to every other property owner.

    Providing adequate ‘light, air, and open space ‘on every lot, is one if the purposes of ‘N.J.State Municipal Land Use Law’.

    If your neighbor is building within the framework of the zoning ordinance then he has every right to do so.



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