Margate homeowners get pushback on third-story decks and seven-bedroom plans, but the building goes on at the Shore

MARGATE, N.J. — The subject at the Margate planning board July meeting was, yet again, third-story decks.

Like so many other Shore towns, Margate is awash in new construction, much of it replacing older homes flooded during Sandy, or just homes from another, simpler time. The new houses are meeting what seems like rampant demand for six and seven bedrooms and baths, backyard pools, and, of course, those decks.

» READ MORE: Instead of demolishing older Shore homes, this company moves them down the road

Especially those third-story decks. The new houses are typically higher than ones they replaced, built with as much as a 14-feet-above-sea-level base level for garage or crawl space, before the 30 feet of living quarters start, due to FEMA rules.

As a result, those decks in some cases now have views out over their neighbors to the ocean to one side and the bay on the other, even from the middle of the island. Neighbors have raised concerns over privacy, not to mention the way sound travels from those decks.

But oh the sunsets. It used to be third-story decks were allowed only on the ocean and bay-front streets, because nobody else had a view to worry about. Now everyone wants that view.

And so much more.

“These houses, some have seven bedrooms, seven bathrooms,” said Richard Patterson, chair of the Margate Planning Board. “It’s crazy, but I can’t tell them how many bedrooms to put in their house. It seems like a status symbol.” A status symbol that brings a lot of extra cars to the island.

“They pay cash for a $5 million home,” Patterson said, citing one instance. “They’re down maybe five weekends a year.”

Ten years after Sandy, the Jersey Shore is being built back bigger, higher, and much more expensively. A three-story house at 19 S. Knight Ave. in Margate rises above its neighbors. Builders obtained variances for reducing the front-yard setback and a third-floor deck to construct the home.

Realtors urged possible buyers to “Do New” in a sign. It’s listed for $2.79 million. Federal flood insurance caps payouts at $250,000, though homeowners can purchase supplemental coverage.

There’s always drama in Margate, whether about unwanted sand dunes or beach block parking. But lately, the attention has focused on the epidemic of building that has hit the Shore towns and what, if anything, to do about it.

The Downbeach Buzz blog captured this debate in a few trenchant audio excerpts from the July planning board meeting, the place where the things that will truly bother people tend to be decided.

At a recent meeting, Patterson colorfully assured another board member that the people who want third-floor rear decks were interested in the sunset, not seeing [planning board member] naked.

Suffice to say, there are a lot of requests for third-floor decks in Margate, about a dozen since January alone.

In July, the planning board recommended changing the zoning code to allow third-story decks throughout Margate, without the need for variances, but only in the front. They are currently now allowed only on the beach and bay-front blocks.

The board drew the line at rear third-floor decks, which would still require a variance.

Patterson argued in favor of allowing rear third-floor decks because if you’re on the south side of the street and want to see the sunset, you’re gonna need the deck on the back of the house.

“You can already see your neighbor from the second floor, with the houses 14 feet from the first floor,” he said. “Your neighbor already doesn’t have much privacy.”

At the July meeting, Realtor Brian Hiltner predicted a wave of coming requests for third-story rear decks, now that the new houses on the south side of the street are high enough to get that sunset view out the back looking toward the bay.

Hiltner said that because the board approved a request for a third-floor rear deck recently on Thurlow Avenue ― from which the elevated house now has lovely views of both ocean and bay — his clients feel it’s OK to come and request one for their properties.

“Two years ago, it was always known, don’t come, you’re not getting [the variance],” Hiltner told the board. “It was common knowledge, don’t even come in. Now we see over the past few years, you guys have been granting third-floor decks.”

As to the issue of privacy for the neighbors below those decks, Hiltner said that privacy ship has sailed.

“Because the houses are built so high, you’re looking into your neighbor’s house regardless,” he said. “I have three clients coming in here looking for them. I’d like to have one myself.”

Along with the requests for third stories and decks, everyone wants a backyard pool, which has prompted complaints from Atlantic City Electric, since nearly all of them are too close to utility poles and the pools are interfering with access.

And zoned air-conditioning. Some of these decks around town are actually built to house third-floor air-conditioning units, noted Roger McLarnon, Margate’s zoning and planning official.

“They want a zone for each floor,” said McLarnon. “They all want generators now. Pools are a whole other issue. We’re getting flak from the electric company. They’re threatening to move all the poles to the street.”

Driving around town, it’s easy to find new construction towering over older houses in Margate’s midsection, a place where year-round families used to live in modest one- and two-story homes sending their kids to school and working as teachers, lifeguards, and police officers.

The year-round community seemed to be flourishing, so much that a few years back, Margate was considering limiting third floors altogether in this section to preserve its (relative) affordability. The town even built another school, no longer needed.

“Before the pandemic, we were researching having a section of the city have no third floors, making it more family-friendly, because the craziness of prices hadn’t reached that area,” Patterson said.

It has now.

Many of those families are selling their homes. “Every person that’s held property here for 20, 30, 40 years hit the lottery in terms of property value,” says McLarnon. “It’s hard to turn down $1 million.”

Patterson, who has lived all his 72 years in Margate, until recently in a house on Lancaster Avenue that was demolished after Sandy, does not want front-yard fences, in an attempt to keep the town at least a bit as it’s always been.

Patterson also wants to ban third stories entirely in lots less than 40 feet wide. He calls the tall, skinny homes built on these undersized lots “lighthouses.”

“Do I wish there weren’t so many big houses?” Patterson said. “Sure. But I can’t put my wishes above the rules. People say, Why do you allow these McMansions? Why do you allow them to tear down these beautiful old houses?’”