VILLAS — Lower Township Planning Board granted preliminary and final site plan approval for Grand West at Diamond Beach condominiums in a three-and-a-half hour hearing July 19.
That action brought into question the interpretation of two township ordinances and a state standard for driveway width.
Residents from adjoining East Jefferson Avenue in Wildwood Crest spoke against the project and its detrimental effects on their homes that back up to the condo site.
Developer Eustace Mita (Achristavest LLC) is also constructing The Grand at Diamond Beach across the street at 9601 Atlantic Avenue, a 12-story beachfront, 125-unit condo project.
Grand West will occupy a narrow strip of land only 105-feet wide that borders Wildwood Crest.
Mita and his team, attorney Frank Corrado, engineer Vince Orlando and architect Victor DePalo, appeared before the board in May. At that time the board granted a lot width variance for the project.
Mita’s group made changes to the project after a number of complaints by neighboring property owners at the previous meeting. At last month’s meeting, Mita was seeking a variance for stacked parking.
The amended plan did away with stacked parking, shifted the building to the south to create a 28-foot buffer from balconies of the condos to East Jefferson Avenue homeowners and reduced the project from 69 to 62 units. On earlier plans, balconies were 21-feet from the property line.
Corrado said the revised project required only a variance for side yard setback for the south side of the building. He said the condos conformed to township regulations for height, lot and building coverage, parking and density.
During public comment, East Jefferson Avenue homeowner Vincent DeRienzo complained balconies of the condos would have a direct view of his backyard and rooms in the back of his house. He said the building would cast a shadow on his home.
“I oppose this project as it will violate my and my neighbors’ way of life,” he said. “We will have to keep our blinds closed, we will have no privacy because of balconies.”
DeRienzo said there was no fire company on the island other than Wildwood Crest “that could get to this site in time to save lives.” Diamond Beach is served by Erma Volunteer Fire Company, located on the mainland at the county airport.
East Jefferson Avenue resident Phil Petrone threw a water bottle across the meeting room to demonstrate that a beer bottle could be thrown from the balconies of Grand West into yards of residences. He said the meeting room measured 28-feet in width, the same distance as balconies of the condos would be from his property line.
“My grandchildren play in that backyard,” said Petrone.
He asked Mita to build something that “made more sense” such as town homes on the property.
Jeff Ziccardi, of 314 E. Jefferson Ave., questioned if units referred to as two-bedrooms with a den in plans for Grand West were actually three-bedroom units. He said he believed the condos would be used as rental units, which would attract families.
Ziccardi said renters would use air mattresses or sleeper sofas in the “dens” and they would become bedrooms. He said if the dens were considered bedrooms, it would have reduced the number units that Mita could have built in the project.
Mita addressed East Jefferson Avenue residents who opposed the project. He said he met with Petrone and Jeff and Tina Ziccardi and complied with their requests “but it was never enough.”
Corrado said residents of East Jefferson Avenue had come up with “concocted objections.”
The Ziccardis’ hired attorney Mary D’Arcy Bittner to oppose the application. She questioned a statement made by Orlando that drive aisles were permitted by the township to be a narrow as 12-feet wide.
Bittner said the ordinance applied only to parallel-parked cars. He said there was no parking on the 15-foot wide drive aisles.
With cars parked at a 90-degree angle, a township ordinance requires the drive aisle to be at least 22-feet wide, said Bittner. She said state RSIS (Residential Site Improvement Standards) applied to the parking lot, which require a 24-foot wide drive aisle for 90-degree parking.
Orlando said the board could grant a “de minimis exception” from the RSIS standards if they did not believe public safety was compromised by a narrower drive aisle. Bittner said a waiver from the standards must be granted by the state if safety is involved.
Corrado said a 22-foot wide drive aisle was perfectly safe. Board Engineer Ray Roberts agreed safety was not an issue.
Bittner asked if the condo units qualified as apartments. Orlando replied in the affirmative.
She said a township ordinance stipulated the total area devoted to parking and driveways should not exceed 35 percent of the tract. Orlando said the parking area outside of the building footprint was 34 percent.
Some parking for Grand West is proposed for under the building, some outside in parking spaces.
Orlando said the space under the building could not be counted twice since the township had a building coverage requirement and a lot coverage area requirement. He said only the area outside of the building could be counted for parking and driveway totals.
Orlando said total lot coverage for the condo project was 80 percent. Bittner said an ordinance for the zone said a parking lot and driveways may not cover more than 60 percent of the property.
In her closing statement, Bittner said looking at the plans, “anyone would consider that den a bedroom.” She said if the units were referred to as “three-bedroom,” Grand West would need a density variance and additional parking spaces.
Attorney John Batastini, substituting for planning board solicitor Ellen Nicholson Byrne, said he believed a de minimis exception applied but the board would need to have a “finding of fact,” for deviating from RSIS standards for drive aisle width. He said the board could also interpret if the 80 percent rule for lot coverage applied to the condo project.
The board granted a de minimis exception for the width of the drive aisle and approved 80 percent lot coverage as a waiver.
The board granted a variance for side yard setback. The project proposed 15-feet on the Southerly lot line when 20-feet was required.
Contact Fichter at (609) 886-8600 Ext 30 or at: jfichter@cmcherald.com
