BRICK, N.J. – A pair of Brick Township residents have filed suit against the municipal zoning board, alleging the board unlawfully approved multiple variances allowing a neighboring developer to build an oversized three-story oceanfront home that they say will block sunlight, ocean views, and invade their privacy.
Phyllis and Andrew Perrin, who live at 494 Sunset Boulevard, filed a Complaint in Lieu of Prerogative Writs in Ocean County Superior Court through their attorney, Stuart J. Lieberman of Lieberman Blecher & Sinkevich, P.C. The suit challenges the Brick Township Zoning Board of Adjustment’s August 20 decision to grant Van Cleef Enterprises four bulk (C) variances and three height (d(6)) variances for a new dwelling at 496 Sunset Boulevard.
The contested property sits within the R-5 Single Family Residential Zone and lies in a FEMA-designated flood zone and CAFRA coastal area, according to the complaint. The plaintiffs argue the board’s decision contradicts Brick Township’s Master Plan and its 2023 Resiliency Amendment, both of which emphasize limiting development intensity and building height on the township’s barrier island.
The Perrins’ lawsuit claims the variances were improperly granted because the developer already enjoys reasonable use of the property and any hardship was self-created.
Their expert witness, professional planner Peter Steck, testified before the board that the property’s size and configuration are consistent with others in the neighborhood and that the proposed dwelling would exceed the scale and density intended for the area.
Steck testified that Van Cleef Enterprises could build a FEMA-compliant home within existing zoning limits and that the proposed structure would extend farther east toward the ocean, obstructing the Perrins’ view and casting shadows over their property.
He further said the project would benefit only the developer while detracting from the public good and the township’s zoning plan.
Phyllis Perrin testified that the new home’s decks and dining area would be just feet from her family’s grill and living spaces, effectively eliminating their privacy. Andrew Perrin expressed additional concerns about increased noise, lighting, and shadowing from the larger structure.
Despite these objections, the zoning board voted to approve the project, memorializing the decision in an October 8 resolution. The Perrins contend that in doing so, the board failed to meet the statutory requirements under New Jersey’s Municipal Land Use Law for granting either c(1), c(2), or d(6) variances.
The couple’s lawsuit seeks to overturn the approval and block construction of the three-story home, arguing that the board’s action was arbitrary, capricious, and contrary to the township’s planning and floodplain management policies.