Report Recommends New Standard to Limit Development on Undersized Lots

A report prepared by the township planner recommends that introduce a new standard to limit the construction of homes on undersized lots in Pine Lake Park. 

The report, prepared by Thomas Planning Associates and reviewed by the Planning Board Monday night, recommends that the township adopt an ordinance limiting the size of homes that can be built on such lots based on the floor area in comparison to the lot's total square footage.

"I think it is the only possibly solution to the problem that complies with municipal land use law," said board attorney Edward Liston.

Those who want to build on lots smaller than 100 by 100 feet are generally granted a variance because of the precedent set by the 1987 Dallmeyer case heard before New Jersey Superior Court.

Pine Lake Park, an area where development began about 100 years ago, well before the township's master plan was created, contains 702 lots that are 100 by 100 feet or smaller, according to the report. 

"The standard of proof for an undersized lot is different than a floor area ratio variance," Liston said. "A floor area ratio variance is much more difficult to achieve."

"I think we're heading in the right direction," said planner Albert Yodakis. 

If the recommendations ultimately are adopted by the Township Council in an ordinance, the Zoning Board will be given "another tool" when considering if a proposed home on an undersized lot will fit in with surrounding Pine Lake Park homes, Liston said.

It is also an option that would be legally binding.

"That kind of denial will be upheld by a court," Liston said. 

In February, Zoning Board of Adjustment members denied an undersized lot construction variance to a Freehold realtor, a decision that is expected to be overturned by an appellate court. Since then, the township has been looking for solutions to limit construction on these lots. 

The purpose of the report, Liston said, was to find a way to prevent developers from building homes that are too large and "stick out like a sore thumb" on undersized lots in Pine Lake Park. 

Board member Donald Czekanski questioned whether prospective developers would still be able to build houses that are three stories tall under the floor area ratio plan.  

"A three story house on an undersized lot, even though it meets the height requirement of 35 feet, will exceed the floor area ratio," Liston said. 

The floor area proposal also would require a variance for existing homes on undersized lots where a second story was desired, according to Liston. 

The board passed a resolution stating that they received and reviewed the report — members cannot yet offer comment. The report will be sent to the Township Council, and should the governing body introduce an ordinance with the recommendations, it will then come to the Planning Board for comment before a final council vote for adoption.

Adoption of an ordinance containing the recommendations could take anywhere from 6-8 weeks, Liston said.