Ridiculous A feisty but courteous. and frustrated but articulate resident of Atlantic Highlands, coupled with a concerned and helpful Councilman, Planning Board Chairman and board had a variance application approved and can now install a generator next to her house.
But her perseverance and ability to explain the entire problem to the planning board may also change current regulations so other residents will not have to go through the trouble and expense she encountered.
Mary Gallagher, who lives at 31 Central Avenue. had to seek a variance in order to install the generator since her property is a corner lot. Under planning laws, that means the side yard facing one street is also considered a front yard, and generators are not permitted in front yards.
The resident had noted in earlier meetings the generator costs $17,000 and she was only having it installed since the borough loses power so often, and “not having electricity Thanksgiving was the last straw.”
When she applied for a variance at that time, it was denied in part because without an attorney she had not included all the necessary papers, survey and evidence in the application. She did not appeal that decision because of the cost of having to re-notify all her neighbors of yet another meeting and other expenses.
However, Gallagher, after discussion with the planning board members, submitted a second application heard and approved this month.
She once again produced all the necessary photos, survey and information and also conversed with the planning board about the unfairness of any resident having to go through such intense procedures simply to install a generator. The costs of filing, she pointed out, were the same as if she were putting on a $100,000 addition to her house.
Directing attention to the need to notify residents within 200 feet of a residence, Gallagher said there are 8 houses within 200 feet of hers. However, she said, since the borough uses a map that uses convoluted circles, she had to notify 27 different property owners, each by certified letter at a cost of $10 each. At least two of those houses, she said, were more than 500 feet from her home.
Gallagher went to this week’s meeting of the governing body to thank Council president Brian Dougherty, who is council representative to the planning board, as well as the board and Chairman John McGoldrick both for having her variance finally approved and for their assistance and concern over the present regulations.
She noted she has been assured they are reviewing the current regulations for variance applications with the possibility of the planners making recommendations for change to the governing body at some time in the future.
“The process is ridiculous,” Gallagher told the Mayor and Council at their meeting saying that applications for improvements such as fences, pools or generators should have a different set of regulations than major changes, renovations or expansions such as house additions or other expansions.
At last week’s planning board meeting, a sympathetic though cautious planning board continued to ask questions to ensure her second application was in order and the location for the generator would be the best location so as not to interfere with neighbors or cost her an additional $10,000 before granting unanimous approval.
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