Zoning board approves addition at 112 President Road, flags unpermitted cabana and enforcement gap

The Township of Washington Zoning Board on May 19 approved resolution ZB-26-09, clearing an application by Don Calamari to add a two-story addition and front porch at 112 President Road.

But the meeting also turned to apparent post-construction changes at the same property, where board members said a pergola shown on the original plans appears to have been completed as a roofed cabana roughly twice the pergola’s original size and an existing rear-yard shed now exceeds the code’s 80-square-foot accessory-structure limit. Chairman Guest led the discussion and staff described reviewing as-built drawings against the originally approved plans.

Board members and staff said the pergola-to-cabana conversion means the structure now meets the code definition of an accessory building (a structure with a roof) and likely should have come before the board for a variance. A member argued that when structures are built beyond permitted scope, municipalities can fine owners or require removal: “They will get fined until they come back or knock it down,” a board member said during the meeting.

The board discussed enforcement tools, including withholding or revoking a certificate of occupancy and issuing stop-work orders, and noted that building permits often have a two-year term and may be extended; members said extensions and on-site changes sometimes lead to situations where zoning review is missed during construction. The board also flagged an unpaid escrow balance related to enforcement costs and recommended the building department be notified so outstanding payments and any open certificate-of-occupancy issues can be resolved.

As a next step, members agreed staff would draft and send a letter summarizing the board’s research and findings to the zoning officer, copy the building department and the municipality’s engineering and legal staff, and await a final check from engineering consultant Glenn Beckmeyer before sending the notice. The board emphasized it has no unilateral authority to remand finalized permits but noted the zoning officer or building official can reopen review or pursue enforcement.

The board concluded the approval of ZB-26-09 stands but said the discovery of the apparent unpermitted cabana and oversized shed will be pursued administratively.

The board’s next full meeting will follow its published schedule; staff said they will coordinate with the building department on enforcement and update the board at a later date.