What's your opinion - Rule 5C
Survey Results - written comments from members - Part 3 of 3
Law Suits will be filed if you discriminate between the entire community and the first three rows off the beach. Either change for entire community or do not amend 5C. You will be opening up a can of worms if you amend rules for only the first three rows.
Too late - community should have thought about this a long time ago. And what about the trees on the Bayside that obstruct views of bay???? Should we allow them to go 30 feet above bfe?
It's very unfortunate for those who already raised their houses though and weren't allowed to go higher.
Rebuilt under old rules and now find I must at considerable expense elevate my current dwelling to the new height to avoid possible flood damage . I realize that is for a better view on the Ocean,but in the coming years the elevated height may save their houses from damage as I wish I would have been able to do. Let everybody have the option to raise to the current Toms River Standards. Let our home owners be safe and enjoy the view.
What about the homes on Tuna, Osprey and others on ocean side there are no rows except for the ocean front homes?
it is not ok for members to ask for rules to be changed for their personal satisfaction.The rest of us has adjusted to the new look and so should they or find a new beach to call home. not about their view its their property value they are worried about. Half of them are not there in the summer but worried about not getting their house rented due to the view. We all had our views changed with houses raised around us and you dont hear us asking for rule changes.
This would be inconsistent to those that already built in conformity of the existing rule. It also impacts uniformity of the community.
The reason the association has made the rule is for flood insurance purposes. We all agreed that we didnt want the community to look like OB2 with highly elevated property and this is very unfair to others that wanted higher homes and went through 1000 of dollars in expenses to do so in accordance with all bylaws. All beach communities have high dunes now. They all still see the ocean unless they were not raised yet.
Amend Rule 5C: there will be an impact to renters that will then impact rates for ALL homes in the community. There is no reason to delay decision-making. Time is of the essence. Please resolve this matter in an open, transparent, and timely manner. Thank you, Board of Trustees, for your understanding and desire to hear from the community you represent.
The previous Board approved rule #5C to apply EQUALLY to ALL members. The fact that some houses are higher (from the ground elevation) than others is due to the ABFE at their location. Changing the rule to only the first three rows would unfairly benefit (both physically and MONETARILY) a select group of members. Either leave the rule as is, or apply it EQUALLY to all Club Members !
I would only agree if it was for the entirety of the whole community. Allowing this for only the first 3-rows is not fair for others who may also want to raise their houses in the future to stay out of any potential flooding danger and to also be able to utilize the space under their raised house.
We are spending lots of money to have our house elevated now and we could not get an additional 6". It seems unfair to deny us 6" but now because views are lost you are thinking of changing the rules. Plus if the rules change it would be too late for us. This is totally unacceptable.
Both the size of the houses and the close proximity preclude going any higher in our opinion
Only first two rows . Third row never saw the beach no need two elevate
I would vote for allowing the first 2 rows to restore their view with the guarantee no other oceanside rows would be allowed. Unfortunately, I think someone in row 3 or 4 would feel this is not fair to them & soon many could be raised. Cottages that high ruin the charm of OB3. When they are that high they create much more shade, block breezes & a lower neighboring cottage's view.
It is now more than 6 years after Sandy, and most homeowners have made the decision to rebuild above the BFE at great expense. The 4+ rule has been uniformly applied through out the community. It would be patently unfair for a small number of owners to now have the ability to build higher. Applying an amended rule throughout the community is meaningless as few will have the ability to take advantage of change.
i believe as a community, we should wait to see where we are after a full summer/storm season, and after the vegetation is planted to make a determination. and when we do, it should apply to all of OB3.
Yes but only the ocean front. By doing the other two streets and maybe only a few people going up 4ft the area will begin to look out of proportion looking something like Chadwick beach does now.
Really not fair to those residents who quickly repaired their home already based on the rules.
Make it a vote for the entire community not just the board amending the rule if it comes down to that.
I think restoring the view will allow the property values to remain high and benefit the entire community. I am afraid renters will move to other areas where they can see the water.
Decks of beach front houses are about the dune height. Ocean view is still there. ABFE at beach is already higher than most of community. Include actual ABFE at ground level of beach front homes in debate. For years after Sandy we heard of violations of rules at beach front homes. Enough!!
Not fair to people who already rebuilt following the existing rule. Their houses would now be worth less than someone who goes higher and has more space for parking or entertaining under the house. No one should be penalized for following the existing rule.
a rule for the few is not consistent with the rest of the community
This would benefit the entire community. The value of homes elevated high enough to create usable outdoor space under the home is substantial. My guess is that it would add additional value of 50,000 Dollars to a home by having additional outdoor living space and/or storage beneath the home. Recent sales of such home are available to document the increased value. Our entire community becomes more valuable and more desirable to buyers if this option becomes available.
Selected properties should not receive preferential treatment. Only certain properties can have roof top decks. We continue to create rules that make have-s/have-nots. This will be pushed through to appease select homeowners while failing to address the broader issue of zoning and height requirements. All of the lawsuits are indicative that something is wrong with the broader rules. I selected option 3 but the choice I really wanted wasn't listed.
Enough is enough. We all built according to the Boards guidelines. To change those guidelines now is totally unfair. You will seriously devalue the already rebuilt BFE PLUS 4 houses if you change the rule. Please don't do it. How about rooftop decks for the oceanfront houses?
I am sick and tired of rules being changed to suit a sect few!! If they dont lime the view they should move!! What about all the houses on Seaview that were screwed?? REALLY STOP THE BULLSHIT
Legally unsound proposal. As written, Rule 5C is intended to allow residents to mitigate residential flooding and thereby realize reduced flood insurance premiums by raising their homes. By virtue of an increased dune height and depth, these residences are actually in less danger of flooding, not more, so the amendment makes no sense. The rule does not speak to resident views.
If changed it should apply to the entire communty.
I think it will create issues for people living near bay views that become obstructed down the road for whatever reason and if denied would open a new stream of possible legal action that is not necessary
no, this was denied for previous construction and should not be altered now after the other homes complied
All homes should be of the same height on the oceanfront. There are those homes that never were raised & still enjoy their views. Let's not get into homes that have automatic jacking up/down as the dunes increase or decrease with the shifting sands? Hope all oceanfront homes have good insurance when home owners/friends or renters fall off their decks trying to see the horizon after a few cups of overjoyment!
There will be a negative impact to home values if the oceanfront does not raise. We think if one section of the community can raise, then everyone should be able to.
Thank you to the New Board for reaching out to the entire Community for their input and opinion. Hopefully everyone will respond.
Everyone in the community has altered views because of the new dunes. They protect our homes. If we start making these houses even higher they will dwarf the rest of the community and we will lose our uniformity
Folks not impacted by the dunes view obstruction should not be impacted or allowed to raise further. This would cause a disparity in building heights for other houses without Ocean View.
We have set rules in the community that we all adhere to . Do not thing they should be granted special privileges bc of sand. We can all make excuses as to why we think we should be an exception.. not agreeable to them going up higher
This would increase the value of everyone’s house.
My fear is that if we amend the rule for the dunes, others will want it for their view of the bay and other views as well. We should be consistent to all homeowners beachfront or other.
The third row never really had a view, the second row only water view from rooftop deck.