MANCHESTER – Pine Lake Park residents made their voices loud and clear in support of an ordinance that would limit the size of homes on undersized lots within that section of the community.
Every town in New Jersey is required to set aside a percentage of development for affordable homes.
A new ordinance passed recently at a Township Council meeting impacts undersized lots in the R-10 Zone. Buildings on lots that do not meet the minimum lot size, minimum lot frontage, minimum lot width or improvable lot area requirements as specified are required to meet additional requirements and are subject to the building height limitations.
A lot of 50 feet or less has a minimum building height of 20 feet and a maximum building height of one story. A lot width of 90 feet or less must have a maximum building height of 25 feet and a maximum building height of 1.5 stories.
The ordinance states that single story dwelling units on undersized lots of record in the R-10 Zone (Pine Lake Park area) are a valuable form of affordable housing and present a way to expand on the township’s housing supply that is both cost effective and consistent with sound planning and that single story dwelling units offer low-cost housing within existing neighborhoods while maintaining the architectural character of a neighborhood.
Jeffrey Jerman, a developer from Point Pleasant, strongly opposed that ordinance and spoke for around 10 minutes about why it should not be implemented.
“I own many undersized lots in Pine Lake Park and I am very affected by this,” he said. “I own many 70-foot lots in addition to dozens and dozens of 50 by 100-foot lots which this ordinance mainly effects. This ordinance is unlawful and it is in direct opposition to the reason stated for the enactment of this ordinance.”
Jerman argued that the ordinance will impose extremely costly expenses on the township for a variety of reasons. “I’ve done hundreds and hundreds of variances from Little Egg up to Plumsted including Brick, Lacey, Berkeley, many in Manchester and many counties in New Jersey.”
When a plan for a new house doesn’t meet all the rules, the developer asks for a variance. If a variance is granted for one undersized property to have a house, for example, then a property of the same size should be granted a variance as well. If not, the town could be taken to court.
Jerman said he has taken towns to court and won – without even using a lawyer.
The ordinance also includes a “Regional Drainage Fund Contribution” in the amount of 5% of the assessed value of the property. The purpose of this fee is to offset township costs for future stormwater improvement projects and maintenance due to downstream drainage effects of development within Pine Lake Park.
Jerman was critical of the Regional Drainage Fund contribution. “That doesn’t say if it is 5% of the value of the current assessment or 5% after you get your variance appeal or 5% of the assessment of the CO (Certificate of Occupancy) time. You cannot simply impose a 5% fee on an unknowable specified space.
“This fund contribution only effects undersized lots and not-conforming lots. That is clearly an illegal offsite improvement cost. You can’t charge a lot owner for something done off site. It is in violation of what is called the uniformity clause because it discriminates against undersized lot owners,” he added.
He also criticized the elimination of allowing for a basement. “What does that accomplish? Especially on a small lot where only a small one-story house would be permitted.” He said it was to “stop families from moving on to these lots.”
Resident Gail Apgar disagreed with Jerman saying “half the time (Jerman) doesn’t want to make the garages anyway. People are jamming bedrooms in the basements.”
“The sewers should be built before the overbuilding and this is getting overbuilt,” Apgar said. “The water tables don’t match the amount of building – not only by Mr. Jerman but other builders too.”
Tracy McMullin of First Avenue remarked that the land next to her’s was purchased in 2020. “I tried to buy this property twice and was told don’t worry about it, it will never (be developed) but it happened.”
Resident Heather Reibsame said she has a 50- by 100-foot lot next to her residence. “Building on these undersized lots for those of us who have been here, is not good.”
First Avenue resident Rick Joyce who has lived in his home for 34 years said, “it makes no sense to buy a lot that small. We should keep it consistent. A 50-foot lot is not something to build on in the town.”
Kay Cortes said, “we would like Pine Lake Park to stay the way it is. The houses are proportional to the lot sizes. With the building that is going on in Pine Lake Park and in Manchester and in Toms River there would be huge issues with traffic. Nobody is talking about expanding infrastructure which should go hand and hand with this.”
Council President Roxy Conniff said the township’s engineering department collaborated on the drafting of the ordinance.
Township Engineer and Planner Mark Rohmeyer of Morgan Engineering said, “there are already regulations for how a lot can be developed such as maximum building coverage or building height. This ordinance is just an update to that to provide more strict restrictions on lots that are less than 100 foot in length.”
“Building coverage is just the footprint of the home and percentage of lot area for a 50 by 100 lot – that would equal a 5,000 square foot area, 20% of that would require a 1,000 square foot home. In my opinion that is possible to build. Many people have mobile homes that are less than that and it is common throughout New Jersey,” Rohmeyer added.
Gary Sylvester, who is the Director of Inspection, Land Use and Planning in Manchester Township spoke later in the meeting. “If you want to build a tiny house you can build a tiny house. There is room for that.”
“This develops storm water mitigation. I have received so many drainage complaints and I am still working with the Department of Public Works and utilities to resolve them. Not building a basement allows for storm water mitigation,” Sylvester said.
