By Tim Kelly
Neighbors are upset with the owner and builder of a new house nearing completion on Park Place near Atlantic Avenue, which the builder’s lawyer admits has encroached by “approximately two feet” into the rear yard setback.
Neighbors are worried about traffic safety in the alley behind the house, a two-family dwelling located at 801-803 Park Place, and they have questions as to why city construction officials allowed building to continue to this point with what they consider to be an obvious code violation.
Neighbor Deb Reilly said vehicles speed down the alley and hit a blind spot before turning onto Atlantic, where numerous accidents have occurred in the past. The previous home on the lot, designated as lot 51, block 302 on the Ocean City tax map, had a wall around it which obstructed driver’s view of the intersection.
Reilly said the wall is gone, but the intrusion of the new home into the setback “makes it even worse. I have grandchildren and I have been back there with them walking the dog and have seen some really close calls.”
This alley has seen it's share of challenges. Neighbors are looking for the Zoning Board to protect their interests.
Reilly submitted a photo she took of an accident she said happened on July 24, 2015, and sent a young girl to the hospital with a broken leg.
“Safety is my number one concern, and you have many children in the area, and in the summer there are numerous renters who aren’t familiar” with their surroundings and are at risk as drivers or pedestrians, Reilly said.
A public hearing on the matter is scheduled for 7 p.m. Wednesday night at City Hall Council Chambers. Several homeowners who are seasonal residents complained they were not given adequate notice to attend the hearing.
Homeowners within 200 feet of the property were sent a letter dated April 9 and signed by Avery S. Teitler, attorney for “Rosenblatt Limited Partnership.” The letter states the partnership is seeking a variance from the zoning ordinance for the yard and parking setback. Additionally it seeks approval for “any other variance, waiver or interpretation which may be necessary…to allow applicant to continue construction…” Efforts by OCNJDaily to obtain the identity of the owner(s) were unsuccessful Monday night. A Monday night call to Steve Howard, representative of builder Pinnacle Construction, was not returned.
The front of the nearly completed home, appears to be set back further from the street than it's neighbor.
In addition to the sightline problems at the intersection of Atlantic and the alley, Reilly said ponding occurs there every time there is a significant rainfall. “This house is going to make that problem even worse, because there is no place for that water to go.”
Another neighbor, Dick Maccarone, said he contacted an Ocean City construction code official last week by phone to voice his concerns. He said the official told him an inspection at the job months ago revealed the setback violation. Further, Macccarone said the construction official said his office received written communication from representatives of the owner stating building would continue “at their own risk.”
“It boils down to arrogance and greed” of the owner(s), Maccarone said. Another neighbor said “they are banking on the variance being approved and basically saying ‘what are they going to do? Make us tear down the whole building now?’” Maccarone said that when he raised the traffic safety issue, construction officials told him “that hasn’t anything to do with this office and is a matter for police.”
The construction office was closed and could not be contacted for comment prior to the publication deadline for this article.
A third neighbor who lives on Atlantic Avenue near the jobsite, and who asked to be anonymous, said another house recently constructed backing up to the alley intruded “three inches” into the setback and the owner was required to dig up the entire foundation and move the building’s footprint back.
“If this job receives the variance, it’s a clear double standard,” he said.
Maccarone, who lives in West Conshohocken, Pa., said he underwent hip replacement surgery last week and would be unable to attend the hearing, but that he hoped neighbors would step up and voice their opposition to the variance.
