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Board finds lot conforming and approves two‑lot subdivision at 116 3rd Street
Summary
After reviewing historical deeds and a planner's testimony, the board determined the parent parcel at 116 3rd Street is a conforming 100x100 lot, clearing the way for a by‑right subdivision into two 50x100 lots; neighbors raised questions about possible prescriptive use of a driveway and parking impacts.
The Beach Haven Land Use Board voted to find that the parcel at 116 3rd Street is a conforming 100 by 100 lot and approved a minor subdivision to create two 50 by 100 lots. The board took an initial procedural vote to accept the lot dimensions based on deed research and a survey, then heard planner/engineer testimony and public comment before approving the subdivision.
Applicant counsel said the team had reviewed deeds back to the 19th century and submitted a current survey; planner/engineer James Brzoski testified the lot is a 100 by 100 parcel and the proposed lots would meet RNA North single‑family district standards including a 50‑foot frontage and 5,000 square feet required area. "What we're proposing to do…is remove the existing house, subdivide the property to create 2 50 by 100 lots," Brzoski said.
Neighbors raised concerns about potential prescriptive easement or long‑standing driveway use behind the property (neighbor Barry Parker said he has used part of the parcel as driveway access for decades). Counsel and applicant indicated those private property issues are separate matters that the board does not adjudicate in the subdivision proceeding but that the applicant had offered to discuss accommodations; the board also noted that future building permits for houses on the lots must comply with parking and setback standards.
The board approved the application as a by‑right subdivision; the chair and applicant noted that additional design steps (historic commission review for future homes and building permits) remain before construction.
