Asbury Park zoning board votes to deny interpretation for 614 Fifth Avenue over ‘intensification’

The Asbury Park Zoning Board of Adjustment on March 25 voted to deny an application for a positive interpretation for 614 Fifth Avenue, Block 2803, Lot 1 (applicant Viola), concluding the proposal would increase or intensify a nonconforming use.

Board members said the proposed second-floor deck area constituted an intensification of use that could not be approved through a positive interpretation. The board noted an earlier motion to approve the interpretation had failed by roll call earlier in the meeting; members recorded that the prior approval motion received three affirmative votes and four negative votes.

Vice Chair John Scully asked for a new, affirmative motion to deny so the board could place the rationale on the record and adopt a written resolution at an upcoming meeting. Board members who voted on the denial recorded their votes on roll call; Jill Potter, Tim Slick and Vice Chair John Scully voted to deny. Board member Russell Lewis was identified as ineligible to participate in that vote.

Board members said they had discussed the situation with Andy Carris and weighed the possibility of an appeal to Superior Court if the board failed to adopt a written denial. The board agreed to prepare and adopt a resolution stating the reasons for denial at the next meeting.

The board’s denial is a formal administrative action that the transcript records the board intends to memorialize in a written resolution; the board did not, during the recorded discussion, state any further conditions or remediation steps for the property.