RESOLUTION OF APPROVAL ALLOWING ADDITION TO SINGLE FAMILY HOME

RESOLUTION OF APPROVAL ALLOWING ADDITION TO SINGLE FAMILY HOME Resolution prepared by: Marc A. Leckstein, Esquire Leckstein & Leckstein, LLC 463 Prospect Avenue Little Silver, NJ 07739 RESOLUTION OF APPROVAL ALLOWING ADDITION TO SINGLE FAMILY HOME BOARD OF ADJUSTMENT TOWNSHIP OF ABERDEEN BLOCK 358, LOT 13 Application # V25-005 ABDUL NIAZI 351 PINEHURST DRIVE WHEREAS, Abul Niazi has applied to the Board of Adjustment of the Township of Aberdeen for permission to construct a two story addition to an existing two-story single family dwelling located at 351 Pinehurst Drive, which is officially designated as Block 358, Lot 13 on the Tax Map of the Township of Aberdeen; and WHEREAS, the applicant has provided notice to all property owners within two hundred feet and has caused notice to be published regarding said application in accordance with N.J.S.A. 40:55D-1 et seq., this Board gaining jurisdiction thereunder; and WHEREAS, a public hearing was held in the within matter at a regularly scheduled meeting of the Board of Adjustment held on October 22, 2025 at which time all persons having an interest in said application were heard; and WHEREAS, the Board having carefully considered the evidence and exhibits presented; NOW THEREFORE, be it Resolved by the Board of Adjustment of the Township of Aberdeen that the following findings of facts and conclusions are made: The applicant, Abdul Niazi, has come before the Zoning Board seeking approval to construct a two story addition to an existing two-story single family dwelling located at 351 Pinehurst Drive, which is officially designated as Block 358, Lot 13 on the Tax Map of the Township of Aberdeen. The property is situated within the Township's R-50 Zoning District which permits the proposed improvements. It is noted that the property is a corner lot, sitting at the intersection of Pinehurst Drive and Maiden Drive. As a result of this, the applicant has two front yards. During the course of review of the application, it was noted that the existing fence along the front yard area of Maiden Drive exceeds the allowable height regulations and is also located within the public right of way. In order to construct the desired improvements, the applicant requires certain bulk variance, pursuant to the provisions of N.J.S.A. 40:55D-70(c), as follows: (a) Rear Yard Setback – 20 feet is required for a principal building, whereas the applicant proposes a 6.72 foot rear yard setback. (b) Maximum Height For a Fence – Only 4 feet in the front yard is permitted, whereas the applicant proposes a 6 foot front yard fence. (c) Fence is located within the public right of way. It was further noted that there are several pre-existing non-conformities associated with the applicant's property. These are as follows: (a) Minimum Lot Depth – A lot depth of 90 feet is required, whereas the existing lot only has a depth of 50 feet. (b) Minimum Front Yard Setback – 25 feet is required for a principal dwelling, whereas the applicant's home only has a 14.9' setback along Pinehurst Drive and only a 24.8' setback along Maiden Lane. In support of the application, the following exhibits were marked into evidence: Exhibit A-1: Development Application Form Exhibit A-2: Renovation Plans with survey of site dated March 25, 2025, last revised July 24, 2025 as prepared by RA Design & Consultants, LLP The Board also introduced its own exhibits into evidence as follows: Exhibit B-1: E-mail from the Board Engineer dated May 12, 2025 deferring to Board Planner Exhibit B-2: Review Memorandum of Board Planner dated August 12, 2025 In further support of the application, the applicant presented testimony from his project manager, Mansoor Syed. Mr. Syed noted that the proposed extension to the home faced the southern side of the property rather than facing Maiden Drive. As such there were no front yard setback issues. The existing home already encroached into the rear yard setback at 6.72 feet. The new addition did not encroach any further, remaining aligned with the existing structure. As such, the new addition would not be creating any detriment to anyone. It was just an extension of the existing structure. With respect to the existing fence, it was noted that the fence has slats. It was agreed as a condition of approval that it would continue to have slats. The Board notes that the fence is located within the public right of way. This means that the fence can be removed at any point at the insistence of the Township. The Board does not have the authority to allow the fence to remain within the right of way. The Board's professionals, who were present during the application, both indicated that they had no objections to the application from an engineering or planning perspective. With that said, and as a further condition of approval, the applicant agreed to comply with the requirements indicated within the Board's Planner review letter (Exhibit B-2). No one else testified with respect to this application. In reviewing this application finds the necessary relief can be granted pursuant to the provisions of N.J.S.A. 40:55D-70(c)(2). The applicant finds from reviewing the renovation plans (Exhibit A-2) that the addition to the house is appropriately designed and it will act as an enhancement to the property and the neighborhood. With respect to the fence issue, the Board notes that the fence already exists at the site. Further, the six (6) foot height to the fence is necessary as it runs across the applicant's second front yard which essentially serves as the rear/side yard of the applicant's house since the actual rear of the house is only 6.72 feet from the rear property line. Absent the fence being the height it is, any activities occurring within the space would be open to public view for anyone traveling along Maiden Drive. This would not be a benefit to the public. The Board cannot envision any negatives associated with the subject application and none have been presented to the Board for its consideration. The Board finds that the benefits of granting the requested relief, in enhancing the existing home and providing a privacy fence, outweigh the benefits of strictly adhering to the provisions of the zoning ordinance. The variance relief can be granted without impairing the public good, Zone Plan and Ordinance. NOW THEREFORE, be it further resolved by the Board of Adjustment of the Township of Aberdeen, that the application of Abdul Niazi for property located at 351 Pinehurst Drive and officially designated as Block 358, Lots 13, be granted subject to these conditions: The addition to the home must utilize materials which are consistent with the existing home so as to ensure they look like one unified structure. The fence must remain a slatted fence. Subject to compliance with the review letter authored by the Board's Planner. (Exhibits B-2) Subject to the understanding that this Resolution shall not be read as authorizing the applicant to maintain a fence within the public right of way. The Board does not have the authority to grant such an approval. As such, the applicant shall be on notice that the fence is subject to removal at any time the Township so requests. This application is granted only in conjunction with the conditions noted herein and but for the existence of the same, the within application would not be approved. Subject to any and all other approvals as may be required by the Township or any other governmental agency, prior to the issuance of any permits. Subject to the payment of any fees, escrows and taxes as may be due to the Township, prior to the issuance of any permits. All representations made under oath by the applicants or their agents shall be deemed conditions of this approval, and any misrepresentations or actions by the applicant contrary to the representations made before the Board shall be deemed a violation of this approval. The action of the Board of Adjustment in approving this application shall not relieve the applicant of responsibility for any damage caused by this project, nor does the Board of Adjustment of the Township of Aberdeen or its reviewing professionals and agencies accept any responsibility for the structural design of the proposed improvements or for any damage that may be caused by the development. The applicant must publish adequate notice of this Resolution in the official newspaper of the Township of Aberdeen at their sole cost and provide proof of publication to the Board Secretary within thirty days. The foregoing was Moved by MS. McLEOD Seconded by MS. SIGMUND and on Roll Call, the following vote was recorded: Affirmative: 5 – MR. BRENNER, MR. BUCCO, MS. McLEOD, MS. SIGMUND, MR. CAMPOS Negative: 0 Abstentions: 1 – MR. INZERILLO The foregoing is a true copy of a Resolution adopted by the Board of Adjustment of the Township of Aberdeen as copied from the Minutes of its meeting on November 12, 2025. Eric Walker, Secretary Board of Adjustment November 19 2025 LNYS0409090 $161.92