maryclare

ORDINANCE #2026-10C

AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 155, § 155-3 (REGISTRATION REQUIREMENTS) AND REPEALING AND REPLACING ARTICLE XIV (INSPECTIONS) OF CHAPTER 95 OF THE BOROUGH CODE

WHEREAS, the Borough previously adopted Ordinance No. 2026-4C, which amended Chapter 155 and Chapter 95 of the Borough Code to reflect the current provision of fire inspection services and establish a rental registration; and

WHEREAS, the Borough has determined that Chapter 155 and Chapter 95 should be further revised and amended to clarify the application of these chapters to seasonal rentals, long-term rentals, and for-sale properties, and to include provisions concerning registration fees and enforcement, amongst other changes to Chapter 155 and Chapter 95 as set forth herein; and

WHEREAS, these changes are in the best interest of safety, health, and welfare of the residents of and visitors to the Borough of Beach Haven.

NOW, THEREFORE, BE IT ORDAINED by the governing body of the Borough of Beach Haven as follows:

SECTION I.  § 155-3 shall be revised to read as follows (with additions bolded and underlined and deletions stricken):

• 155-3 Registration requirements.

1. The Borough shall, upon change of occupancy of a long-term rental property, including one- and two- family dwellings, and one-time annually prior to May 31 for seasonal rentals, require registration and submission of the following documents to the Municipal Clerk:

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2. Copy of a current year certificate of smoke alarm, carbon monoxide alarm, and portable fire extinguisher compliance (CSACMAPFEC) pursuant to the provisions of N.J.A.C. 5:70-2.3 issued by the Ocean County Fire Marshal Borough of Beach Haven.

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SECTION II.  § 95-97 shall be deleted in its entirety and replaced as follows (with additions bolded and underlined and deletions stricken):

Article XIV “Inspections”

• 95-97 All properties shall be inspected upon the sale of property, and rental properties upon the change of tenant for long-term rentals, and one-time annually prior to May 31 for seasonal rentals by the County Fire Marshall in accordance with Uniform Fire Code and Uniform Fire Safety Act and all other laws of the State of New Jersey. Long-term rental shall mean a dwelling unit rented for a term greater than or equal to 126 consecutive days by the same tenant(s) for residential purposes. A seasonal rental shall mean a dwelling unit rented for a term of not more than 125 consecutive days for residential purposes.  Enforcement, violations and penalties shall be managed in conformity with the Uniform Fire Safety Act, the Uniform Fire Code and all other laws of the State of New Jersey.

Article XIV “Certificates of smoke detector, carbon monoxide alarm (CSACMAPFEC) Inspections”

• 95-97 Rental Properties and Sale of Property.

All rental properties shall be registered with, and inspected by, the Borough prior to tenant occupancy. All properties shall be inspected for CSACMAPFEC compliance upon the sale of property and rental properties upon the change of tenant for long-term rentals and one-time annually prior to May 31 for seasonal rentals pursuant to the provisions of N.J.A.C. 5:70-2.3. A long-term rental shall mean a dwelling unit rented for a term greater than or equal to 126 consecutive days by the same tenant(s) for residential purposes. A seasonal rental shall mean a dwelling unit rented for a term of not more than 125 consecutive days for residential purposes.  Certificates of smoke detector and carbon monoxide alarm (CSACMAPFEC) compliance issued by the Borough are required and shall not be transferable.

SECTION III.  § 95-98 shall be enacted to provide as follows (with additions bolded and underlined and deletions stricken):

• 95-98 Fees.

For the sale of property or long-term rental property CSACMAPFEC inspections, the fee shall be $35. This fee shall include only the sale of property or long-term rental property inspection applications received by the Borough more than 10 working days from the settlement or tenant occupancy date. Owners with more than one rental property within the same block and lot shall submit a separate application and fee for each unit.

35. Seasonal rental unit owners submitting applications on or before May 31 shall pay a non-refundable CSACMAPFEC inspection fee of $35. Owners submitting applications after May 31 shall pay a non-refundable CSACMAPFEC inspection fee of $70. Owners with more than one rental property within the same block and lot shall submit a separate application and fee for each unit.

1. Whenever it becomes necessary for the Borough to perform a reinspection of a sale property or a rental property for a violation two or more times, for any reason, there shall be an additional reinspection fee of $35 per reinspection commencing with the third reinspection and each subsequent reinspection.

SECTION IV.  § 95-99 shall be enacted to provide as follows (with additions bolded and underlined and deletions stricken):

• 95-99 Enforcement; violations and penalties.

1. Notice of violation. No structure owner shall be charged with a violation of this article unless written notice of a violation is delivered personally to the structure owner or is sent by regular first class mail and simultaneously by certified mail, return receipt requested to the structure owner at the structure owner’ s address as it appears on the tax records of the Borough of Beach Haven, and the structure owner then is afforded 10 calendar days (weekends and legal holidays included) from the date of the personal delivery of the notice of violation to the structure owner or receipt of the notice of violation by mail by the structure owner (which shall be deemed received 5 days after the postmark date or the date identified on the return receipt, whichever is sooner), as the case may be, to bring the subject structure into compliance.

1. Enforcement, violations and penalties shall be managed in conformity with the Uniform Fire Safety Act, the Uniform Fire Code and all other laws of the State of New Jersey.

          SECTION VII. Repealer.  All Ordinances or parts of Ordinances inconsistent herewith are repealed to the extent of such inconsistency.  The Clerk of the Borough is authorized to renumber and/or re-codify any sections affected by such repeal to the extent consistent with this Ordinance.

SECTION VIII. Severability.  If any word, phrase, clause, section or provision of this Ordinance shall be found by any Court of competent jurisdiction to be unenforceable, illegal or unconstitutional such word, phrase, clause, section or provision shall be severable from the balance of the Ordinance and the remainder of the Ordinance shall remain in full force and effect.

SECTION IX. Effective Date.  This Ordinance shall take effect upon publication thereof after final passage according to law.

NOTICE

            Public Notice is hereby given that the foregoing Ordinance was introduced and passed on the first reading at a public meeting of the Borough Council of the Borough of Beach Haven, County of Ocean, State of New Jersey, held on June 8, 2026, at 6:00 p.m.  A copy of the ordinance can be obtained, without cost, by any member of the general public at the Office of the Municipal Clerk, 300 Engleside Avenue, Beach Haven, NJ 08008 Monday through Friday, 9:00 a.m. to 4:00 p.m., on our website at www.beachhaven-nj.gov or via email smason@beachhaven-nj.gov.

Further public notice is hereby given that said ordinance shall be considered for final passage and adoption at a public meeting of the Borough Council to be held on July 13, 2026, at 6:00 p.m.

CERTIFICATION

          I, Sherry Mason, RMC, Municipal Clerk of the Borough of Beach Haven, do hereby certify that the foregoing Ordinance was duly adopted by the Borough Council of the Borough of Beach Haven at a public meeting held on the 8^th day of June 2026 a quorum being present and voting in the majority.

IN WITNESS WHEREOF, I have hereunto set my hand an official seal this 8^th day of June 2026.

Sherry Mason, RMC, Borough Clerk

Introduction:                          June 8, 2026

First Publication:                   June 9, 2026

Public Hearing/Adoption:       July 13, 2026     

Second Publication:                July 14, 2026

Effective Date:                        August 2, 2026

BOROUGH OF BEACH HAVEN

COUNTY OF OCEAN 

ORDINANCE #2026-7C

AN ORDINANCE OF THE BOROUGH OF BEACH HAVEN, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING CHAPTER 204, WATER, OF THE BOROUGH CODE OF THE BOROUGH OF BEACH HAVEN

          WHEREAS, the Borough of Beach Haven has adopted Chapter 204, Water, of the Borough Code, which pertains to the use, operation, regulation, and management of water within the Borough; and

WHEREAS, the Borough has determined that there are certain inconsistencies within Chapter 204, which should be addressed and, therefore, the Code amended; and

WHEREAS, the Mayor and Borough Council have determined that it is in the best interest of the Borough to amend Chapter 204, Water, of the Borough Code to address the inconsistencies within the Chapter.

NOW, THEREFORE, BE IT ORDAINED, by the Mayor and Council of the Borough of Beach Haven, County of Ocean, State of New Jersey, as follows:

SECTION I

Section 204-3, “Use of private hydrants.” shall be amended as follows (bolded underscores represent additions; strikethroughs represent deletions):

No private hydrant for domestic use shall be allowed to be erected on any public street or highway where it may become a source of supply to any person or persons who are not entitled to the use of the same. The corporation cock and lead gooseneck at the main are is owned and controlled by the Borough of Beach Haven and are is not to be removed or tampered with except by order of the Water Department.

Section 204-21, “Water conservation.” shall be amended as follows (bolded underscores represent additions; strikethroughs represent deletions):

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1. Prohibitions. It shall be unlawful for any person within the Borough of Beach Haven to utilize the potable water of the Borough system to transport such potable water into the waters of any bay, lagoon, channel or other saltwater body for the purpose of preventing water from freezing around docks, piling, boats or other structures. Only air bubblers shall be permitted for this purpose. Any violation hereof shall entitle the Borough of Beach Haven to turn off the water supply to that property at the curb stop and may result in the issuance of a summons. The property owner shall be required to pay an emergency service charge pursuant to § 204-24A(2)(a) 204-27E prior to any restoration of service.

1. Food establishment restrictions. All restaurants, cafes, luncheonettes and other food service establishments shall serve water by patron request only.

1. E. New/replacement plumbing fixtures. All new or replacement plumbing fixtures shall meet the water conservation standards as promulgated by the latest version of the Uniform Construction Code.

Section 204-23A(2), “Requirements for water meters.” shall be amended as follows (bolded underscores represent additions; strikethroughs represent deletions):

(2) Charges for plumbing permits, tapping, and meter pits are as hereinafter set forth in § 207-27 204-27.

Section 204-23B, “Condominiums and other multiple units.” shall be amended as follows (bolded underscores represent additions; strikethroughs represent deletions):

1. Where separately owned individual units, residential or commercial, in condominium ownership or otherwise, are located in a single structure or building and are shown as individual lots for tax assessment purposes on the tax records of the Borough of Beach Haven, are serviced by a single lateral connected to the service main providing water service to the area where such units are located, the owners of such separately owned units shall provide and maintain a separate water meter for each such unit. If any such separately owned individual unit does not have a water meter, one can be purchased from the Borough of Beach Haven, which meter shall then be installed by the unit owner or owners at said owner’s or owners’ sole cost and expense. Such installation shall be made by a New Jersey licensed plumber pursuant to a validly issued plumbing permit issued by the Construction Office of the Borough of Beach Haven. The owner of any such separately owned individual unit which is not so supplied shall acquire, without cost, from the Borough of Beach Haven, a water meter and install the same within 30 days after receiving written notice sent by certified mail, return receipt requested, and regular mail to the owner or owners of such individual unit at the addresses of such individual owner or owners as may appear on the tax records of the Borough of Beach Haven.

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3. If any unit owner does not wish to install at his, her, their or its expense water meters supplied by the Borough, the Borough will install a new lateral to service such unit. A water meter pit and a meter to service such unit must be purchased from the Borough of Beach Haven, and it shall be the obligation of the unit owner to connect that water service and water meter. The connection to such water service and water meter shall be completed by a licensed New Jersey plumber pursuant to a validly issued plumbing permit. Such connection shall be completed within 60 days of the installation of the water meter and water meter pit by the Borough of Beach Haven.

3.4.      Exemption of requirements for individual water meters. During the course of installation of water meters in condominium developments, it has been made apparent that certain condominiums, because of age, type of construction, or other complicating factors, make it prohibitively expensive to install individual water meters for each condominium unit. The Mayor and Council of the Borough of Beach Haven have determined that a fair and uniform method of identifying such hardships must be established, and the Mayor and Council, having conferred with their professional engineer and their Borough Attorney, as well as their Borough Manager, have agreed that a monetary standard to reflect exemption from the requirement of individual water meters is necessary as is a mechanism for providing notice to future condominium unit owners of the special conditions by which such condominium units are burdened, it is hereby declared:

Section 204-23H is hereby deleted in its entirety and replaced as follows:

1. The initial borough-wide installation project is complete. The Borough of Beach Haven shall have no obligation, duty, or liability for any maintenance, repair or restoration associated with the meter pit or shut off valve installation. All such responsibility shall be borne solely by the property owner served by the meter pit or shut off valve. 

Section 204-27, “Tapping Fees and other miscellaneous charges.” shall be amended as follows (bolded underscores represent additions; strikethroughs represent deletions):

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A(2)     Where the tapping into Borough water mains shall be performed by any person, firm or corporation other than the Borough of Beach Haven Water Department, the charge shall be $250, and the person, firm or corporation doing the work shall be responsible for repair and resurface of any municipal road or county road which has been disturbed and shall be responsible for the installation of water meters and water pits, if required, the meters having been furnished by the Borough of Beach Haven without cost.

A(3) Upon installation, the service lateral extending from the main to the curb stop shall become the responsibility of the Beach Haven Water Department, while the lateral from the curb stop to the property being serviced shall be the responsibility of the property owner.

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B(2)     If any meter or meters are to be installed in the interior of any building located on the lot, the meters shall be supplied by the Borough of Beach Haven without charge and shall be installed at the sole cost and expense of the property owner, such installation being made by a New Jersey licensed plumber holding a water connection permit issued by the Borough of Beach Haven Water Department.

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E(1)     Emergency turnoff and turn-on of water supply. A service charge of $250 will be made each time the water is turned on and a like charge when the water is turned off as a result of an emergency. An emergency includes work done after normal working hours, weekend call-in, turnoff of water supply due to pipes freezing after normal working hours and any other unscheduled emergencies, without 24-hour notice. after normal working hours.

(2) Nonemergency turnoff and turn-on of water supply. A service charge of $100 will be made each time the water is turned on and a like charge when the water is turned off. A nonemergency includes a property owner or caretaker making arrangements , at least 24-hours in advance with the Water Superintendent to have the water turned on or off during normal working hours or turnoff of water supply due to pipes freezing during normal working hours.

Sections 204-28 through 204-34 are hereby added to Chapter 204 of the Borough Code as follows, and all subsequent sections shall be renumbered accordingly:

• 204-28. Lead service lines prohibited.

It is hereby established that the existence of lead service lines is prohibited in the Borough of Beach Haven.

• 204-29. Definitions.

For the purposes of this chapter, the following terms shall have the meanings indicated:

BOROUGH—Borough of Beach Haven.

DWELLING—A building or structure or part thereof containing one or more dwelling units. This chapter shall also apply to buildings and structures that are not used for residential purposes.

DWELLING UNIT—Any room or groups of rooms or any part thereof located within a building and forming a single habitable unit with facilities which are used or designed to be used for living, sleeping, cooking, eating, or bathing.

LEAD SAFE—Any condition that does not allow access or exposure to lead, in any form, to the extent that adverse human health effects are possible.

LEAD SERVICE LINE—The water supply connection that is made of, or lined with, a material consisting of lead, and which connects a water main to a building inlet. A lead pigtail, lead gooseneck, or other lead fitting shall be considered to be a lead service line, regardless of the composition of the service line or other portions of piping to which such piece is attached. A galvanized service line shall be considered to be a lead service line in accordance with N.J.S.A. 58:12A.

OCCUPANT—A person or persons in actual possession of and living in the building or dwelling unit.

OWNER—Any person who has legal title to any dwelling, with or without accompanying actual possession thereof or who has equitable title and is either in actual possession or collects rents therefrom; or who is executor, executrix, trustee, guardian, or receiver of the estate of the owner, or as mortgagee or as vendee in possession either by virtue of a court order or by agreement or voluntary surrender of the premises by the person holding the legal title, or as collector of rents has charge, care or control of any dwelling or rooming house.

• 204-30. Exclusion from requirement; proof required.

1. A property owner may be excluded from the mandatory replacement of its lead service line by providing the Borough of Beach Haven, within 180 days of the effective date of this chapter, with written proof from a licensed and certified plumber that it does not have a lead service line on its property and/or that the lead service line was previously removed and replaced.

• 204-31. Mandatory replacement of lead service line.

1. The owner of any dwelling, building or structure serviced by a lead service line is required to replace the lead service line on their property by any of the following methods:

(1) Contracting with a New Jersey licensed plumber to replace the lead service line.  An owner is required to provide the Borough of Beach Haven with proof that the lead service line has been replaced. Proof must include, at a minimum, a permit issued by the Borough of Beach Haven to a licensed plumber authorized to do the work; an invoice from the contractor who completed the work; and an inspection report by the Beach Haven plumbing inspector verifying the removal. An extension of time may be granted where the owner can demonstrate, to the Borough of Beach Haven, that a good faith effort has been made to comply with the chapter.

• 204-32. Requirements upon sale of property, substantial improvement.

1. Upon the sale of any dwelling, building or structure, the owner must identify the water service line material by completing the prescribed form, in order to secure a certificate of occupancy, or any other certification required by Borough ordinances.
2. Any dwelling, building or structure subject to substantial improvement and substantial damage determinations must provide proof in accordance with § 204-31A(1) that the lead service line has been replaced before a Temporary Certificate of Occupancy or Final is issued.

• 204-34. Violations and penalties lead pipes.

Violations of this chapter concerning lead pipes by any person or corporation shall be punishable by a fine of at least $250 but not exceeding $1,000 or by imprisonment for a term not exceeding 120 days or by a period of community service not to exceed 90 days.

SECTION II

          All Ordinances or parts of Ordinances inconsistent herewith are repealed to the extent of such inconsistency. The Clerk of the Borough is authorized to renumber and/or re-codify any sections affected by such repeal to the extent consistent with this Ordinance.

SECTION III

          If any word, phrase, clause, sections, or provision of this Ordinance shall be found by any Court of competent jurisdiction to be unenforceable, illegal, or unconstitutional, such word, phrase, clause, section, or provision shall be severable from the balance of the Ordinance and the remainder of the Ordinance shall remain in full force and effect.

SECTION IV

          This Ordinance shall take effect upon publication thereof after final passage according to law.

NOTICE

            Public Notice is hereby given that the foregoing Ordinance was introduced and passed on the first reading at a public meeting of the Borough Council of the Borough of Beach Haven, County of Ocean, State of New Jersey, held on June 8, 2026, at 6:00 p.m.  A copy of the ordinance can be obtained, without cost, by any member of the public at the Office of the Municipal Clerk, 300 Engleside Avenue, Beach Haven, NJ 08008 Monday through Friday, 9:00 a.m. to 4:00 p.m., on our website at www.beachhaven-nj.gov or via email smason@beachhaven-nj.gov.

Further public notice is hereby given that said ordinance shall be considered for final passage and adoption at a public meeting of the Borough Council to be held on July 13, 2026, at 6:00 p.m.

CERTIFICATION

          I, Sherry Mason, RMC, Municipal Clerk of the Borough of Beach Haven, do hereby certify that the foregoing Ordinance was introduced and passed on the first reading by the Borough Council of the Borough of Beach Haven at a public meeting held on the 8^th day of June 2026, a quorum being present and voting in the majority.

IN WITNESS WHEREOF, I have hereunto set my hand an official seal this 8^th day of June 2026.

Sherry Mason, RMC, Borough Clerk

Introduction:                          June 8, 2026

First Publication:                   June 9, 2026

Public Hearing/Adoption:       July 13, 2026     

Second Publication:                July 14, 2026

Effective Date:                        August 2, 2026

RESOLUTION # 2026-02

BEACH HAVEN LAND USE BOARD

PEARL REAL ESTATE SERVICES LLC

WHEREAS, the Applicant has applied to the Beach Haven Land Use Board (“Board”) for variance relief in connection with the single-family residential dwelling located at 431 Centre Street, Beach Haven, New Jersey, and initially sought variance relief for floor area ratio (“FAR”), front yard setback, side yard setback, rear yard setback, building height, and building coverage; and

WHEREAS, during the course of the hearing, the Applicant agreed to withdraw its requests for front yard setback, side yard setback, and rear yard setback variances, leaving the following variance requests before the Board:

1. A d-variance to permit a Floor Area Ratio (“FAR”) of 1,740 square feet (61.27%) where a maximum of 1,420 square feet (50%) is permitted;
2. A variance to permit a building height of 36.5 feet where a maximum height of 35 feet is permitted; and
3. A variance to permit building coverage of 1,237 square feet (43.55%) where a maximum of 994 square feet (35%) is permitted.

WHEREAS, the application was considered by the Board on May 4, 2026; and

WHEREAS, a public hearing was required and the Board has considered that public comments were made by the public; and

WHEREAS, it appears that all jurisdictional and procedural requirements of applicable Borough Ordinances have been met; and

WHEREAS, the Board has considered the application and the evidence and arguments submitted by the Applicant in support thereof; and

WHEREAS, the Board has considered the recommendations and testimony of its professional staff and the following reports:

• Review letter dated March 30, 2026 by Planning Board Engineer Frank J. Little, Jr., PE, CME, PP of Owen, Little & Associates, Inc. (“OLA”), attached hereto as Exhibit “A” and incorporated herein by reference.

WHEREAS, requirements necessary to approve the application have NOT been met; and

WHEREAS, the Board has made the following findings of fact and conclusions of law (see attached) in support of its decision to DENY the application.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

1. The Applicant, Pearl Real Estate Services LLC (hereinafter, “Applicant”), has applied for variance relief in connection with the construction of front exterior stairs within the front and side yards of the already constructed existing single-family dwelling for the site located within the RB Zoning District with an address of 431 Centre Street, Beach Haven, New Jersey and as more fully particularly described as Block 146, Lot 19 on the Borough of Beach Haven Tax Map (hereinafter referred to as the “P.I.Q.”).
2. The subject property is currently developed with a single-family residence. The entrance door to the dwelling is elevated approximately 8 feet above grade and was constructed without exterior stairs. The Applicant is seeking variance relief to construct exterior stairs within the front and side yards to provide access to the residence, along with the other variances that are necessary as result of the as-built condition of the dwelling.
3. Counsel for the Applicant, Nicholas F. Talvacchia, Esquire, introduced the application to the Board and described the nature of the relief being sought as detailed herein in the application material, in the OLA review letter attached and in the marked exhibits identified below and all incorporated herein by reference.
4. The Applicant marked the following exhibits:

A-1: the approved plan and as-built for the existing structure

A-2: color photograph of the existing structure

5. The Applicant’s first witness was Shiv Patel, member of Pearl Real Estate Services and owner of the P.I.Q. Mr. Patel testified that he retained a licensed contractor who acted as both architect and builder for the project and that construction proceeded pursuant to plans approved by the Borough. Mr. Patel testified that the residence was built substantially in accordance with the approved plans, but that errors by the architect/builder in preparing zoning and permit documentation resulted in the variance issues not being discovered until submission of the final as-built survey. Mr. Patel further testified that he terminated the architect/builder due to delays and concerns regarding workmanship.
6. The Applicant’s second witness was James Brzozowski, PE, PP, a licensed professional engineer and professional planner employed by Horn, Tyson & Yoder, Inc., who was accepted by the Board as an expert. Mr. Brzozowski testified regarding the requested FAR, height and building coverage variances and offered opinions that the requested relief could be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the Borough’s zoning plan and ordinance. Mr. Brzozowski further testified that the need for the requested relief resulted from errors made by the Applicant’s former architect/builder and that the dwelling generally conformed to the approved plans except as specifically identified during his testimony.
7. The Applicant’s third witness was Robert Lefevre of Painting Incorporated Long Beach Island, the contractor who completed the project after the original architect/builder was terminated. Mr. Lefevre testified regarding the condition of the project when he assumed responsibility for construction, the configuration of the residence, the attic and rooftop deck access, the location of mechanical equipment, and the practical difficulties associated with redesigning portions of the residence to eliminate the need for variance relief.
8. At the time of the hearing, Frank J. Little, Jr., PE, CME, PP, of OLA, the Board’s Engineer, identified his review letter dated March 30, 2026, attached hereto as Exhibit “A” and incorporated herein by reference, and testified consistent with the contents of his report.
9. The matter was then opened to the Board for questions and comments. The Board extensively questioned the Applicant and its witnesses regarding the circumstances that resulted in the construction of the dwelling with the existing non-conforming conditions, the requested FAR variance, the requested height variance, the requested building coverage variance, the proposed use of the third-floor attic area, rooftop deck access, parking, and potential design alternatives that could reduce or eliminate the need for variance relief. Board members expressed concerns regarding the Applicant’s proofs, whether the requested relief advanced any purpose of the Municipal Land Use Law, whether the requested relief principally benefited the Applicant rather than the public, and whether the requested relief could be granted without detriment to the public good or impairment of the Borough’s zoning plan and ordinance.

10. The matter was then opened to the public and there was public comment. Members of the public appeared and testified both in support of and in opposition to the application, the majority testifying in opposition. Public comments included concerns regarding the size and scale of the dwelling, the number and nature of the variance requests, the absence of any demonstrated hardship, the potential future use of the attic area and rooftop deck, parking, neighborhood impacts, and the precedent that approval of the requested relief could establish. The Board considered all testimony and comments presented by members of the public.

10. Based upon all the foregoing testimony, the application and other documents and the Board’s familiarity with the P.I.Q., the Board finds that in regard to the P.I.Q. the purposes of the Municipal Land Use Law, N.J.S.A. 40:55D-2, would not be advanced by the requested relief; rather, the Board finds that merely the purposes of the Applicant would be advanced if the variances were granted and that the benefits, in any, do not outweigh the detriments.
11. The Board specifically finds that the Applicant failed to demonstrate the positive and negative criteria required for the requested FAR variance. The Board was not persuaded that the site could accommodate the increased floor area ratio without substantial detriment to the public good or without substantial impairment of the intent and purpose of the Borough’s zoning plan and ordinance. The Board further finds that the Applicant failed to establish that the benefits of granting the requested FAR variance would outweigh any detriments.
12. The Board further finds that the Applicant failed to satisfy either the C(1) hardship criteria or the C(2) flexible variance criteria applicable to the requested height and building coverage variances. The Board was not persuaded that the need for the requested relief arose from any exceptional physical condition, exceptional narrowness, shallowness or shape of the property, or other condition peculiar to the property itself. Rather, the Board finds that the requested relief principally resulted from the design and construction of the dwelling and that granting the requested relief would be for the benefit of the Applicant only and would substantially impair the intent and purpose of the Borough’s zoning plan and ordinance and would not advance the purposes of the Municipal Land Use Law.
13. The Board further finds that the requested relief as detailed herein cannot be granted without substantial detriment to the public good and that the granting of the variances will substantially impair the intent and purpose of the Borough of Beach Haven Master Plan and Land Use Ordinances.
14. The Board, therefore, concludes that the variances requested as identified herein should be denied, with the vote with respect to same being as follows:

1. Upon motion to deny the d(4) floor area ration variance of Ajello, seconded by Genna, with the vote on the motion to deny being 7 in favor to deny (Genna, Loffredo, Wenger, Lenhard, Tinquist, Parker and Ajello), and 0 opposed;
2. Upon motion to deny the bulk variance for height of Loffredo, seconded by Wenger, with the vote on the motion to deny being 7 in favor to deny (Genna, Loffredo, Wenger, Lenhard, Tinquist, Parker and Ajello), and 0 opposed; and
3. Upon motion to deny the bulk variance for building coverage of Tinquist, seconded by Ajello, with the vote on the motion to deny being 7 in favor to deny (Genna, Loffredo, Wenger, Lenhard, Tinquist, Parker and Ajello), and 0 opposed

The foregoing action was memorialized by the Beach Haven Land Use Board on June 1, 2026 upon the motion of Mr. Wenger, seconded by Mr. Genna with the vote on the motion being as follows:

AYE: Mr. Genna, Mrs. Lenhard, Mr. Loffredo, Mr. Tinquist, Mr.                         Wenger, Ms. Parker, and Mr. Ajello

NAY: none

The undersigned Secretary of the Beach Haven Land Use Board hereby certifies that the above is a true copy of Resolution #2026-02 adopted by the Beach Haven Land Use Board on June 1, 2026.

MARY CLARE BUNCE, RMC

Secretary, BEACH HAVEN LAND USE BOARD