Zoning Board Bucks Law Precedent, Denies Undersized Lot Construction Variance

Though settled New Jersey case law states that variances should be granted to those wanting to build on undersized residential properties, Manchester's voted Thursday night to deny such a request. 

Realtor Lisa Duerkes of Freehold came before the board seeking variances to build homes for sale on two undersized lots in Pine Lake Park. One was approved at the board's January regular meeting; the other was adjourned until February's meeting.

"We have to decide if were going to stand up for the taxpayers here or the people who don't live in town," said board member Jim Hankins before the vote. "Clearly we're not standing up for our taxpayers here."

The 1987 Dallmeyer case heard before New Jersey Superior Court grants development variances to those who prove they face a hardship because of their smaller property. This means that 10th Avenue residents Kathy and Mike Mango, who live next to the 75 by 100-foot lot sought by Duerkes, may have closer than normal neighbors.

"It's a neighborhood, not a business," Kathy Mango said. "[Duerkes is] going to build here and be gone."

After determining that the owners of the adjoining properties — including the Mangos — did not want to purchase Duerkes' land, she and engineer Jeff Daum testified to the specifics of the proposed home, which is a two story, "traditionally styled" house that they said fits in with the neighborhood.

During public comment, Mike Mango said that when he and his wife purchased their home they were told no house could be built on the lot to their rear. Had the Mangos known that a two story home could be built there, they would not have made the purchase, Mike Mango said. 

To appease neighbors and provide greater privacy, Duerkes agreed to move a second story rear window to the side of the house and plant trees near the property line for coverage. 

Before the vote, which went 4-3 in opposition to the variance, board attorney Christopher Reid said that the Dallmeyer decision showed that if the board were to deny the variance and it went to an appeal, "it would be overturned and the variance would be granted."

"There's not just one case," Reid said. "There are several. You're not the only one who has tried to fight it."

Along with Hankins, who made the motion to deny the variance, board members Tim Umlauf, Karen Vacarro and Martin Dwyer also voted in opposition. Board chairperson Linda Fazio, vice chairperson William Cook and member Hank Glen voted in favor of the variance.

Following the board's decision, Duerkes said that she plans to appeal and expects that the appellate court will find in her favor, given the precedent set in the Dallmeyer case.

"All it does is waste taxpayer money," she said. 

When the undersized lot issue was by the Mangos on Feb. 13, council president Craig Wallis suggested that this case may be an opportunity for the matter — which is problematic in Pine Lake Park — to be retried in court. 

"If I were going to the meeting, I would make the case that somewhere along the line this has to be stopped and the ruling has to be tested," Wallis said at the time.