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Board of Adjustment carries 1160 River Road hearing to July 1 after applicant's experts are unavailable
Summary
The Board of Adjustment agreed to postpone review of a proposed two-family duplex at 1160 River Road to July 1, 2026, after the applicant’s representative said two expert witnesses were unavailable; a neighbor objected, citing a claimed 95.8% size increase and steep-slope disturbance.
The Borough of Edgewater Board of Adjustment agreed on June 3 to carry over consideration of an application to construct a two-family duplex at 1160 River Road to July 1, 2026, after the applicant’s representative said key expert witnesses were unavailable.
Mark Sokolich, speaking on behalf of applicant Samer Shalaby, asked the Board to postpone the hearing because “one [expert] is very ill and the other is caught in traffic,” and confirmed that the applicant would accept a July 1 date and waive time restraints so the Board may hear the matter then.
The request prompted public comment from Pamela Burns of 15 Rockwood Place, who said she has appeared multiple times on the application and said she would not be available on July 1. Burns said she had prepared a full statement and alleged the proposal represents a “95.8% increase” and involves “steep slope disturbance,” adding, “Our house is going to roll down the hill.”
Ms. Travers, a staff member for the Board, cautioned Burns that because the hearing is quasi-judicial and the applicant’s witnesses were not present, the Board could not take testimony in their absence or accept written statements in lieu of sworn testimony. “An applicant has a right to cross examine any witness,” Ms. Travers said, and she advised Burns that someone else could appear on her behalf or that Burns could review revised plans posted online or at Borough Hall.
Chairman Christiansen interjected to remind speakers that the Board could not discuss or take evidence on plan details during the continuance. After the public comment period was closed, the Board confirmed the carryover to July 1, 2026. The meeting adjourned with a unanimous voice vote.
Next steps: the Board will resume the hearing on July 1, 2026; interested parties should consult the Borough’s posted plans or contact the applicant’s attorney for updates.
