Should Seaside Park Ban Rooftop Decks? Planning Board Asks Council to Weigh In

A rooftop deck on a home in Long Beach Island. (Credit: My LBI Beach Rental)

As homes at the Jersey Shore have evolved from the humble bungalow to the ornate architectural marvels that dot local streets in the modern age, outdoor space has become more of a premium than ever before. But some local officials have raised concerns that the very types of investments that have driven some of the new development – the proliferation of Airbnbs and rental properties – have led to a popular feature being abused.

Rooftop decks are banned in many local towns – Lavallette recently moved to clarify its own prohibition on them – but in Seaside Park, they are generally allowed as long as they conform to zoning codes. Planning board members, however, say they have been hearing complaints about the inclusion of rooftop decks on new homes because of the noise generated by their presence, especially when the homes are used as rental properties or Airbnbs.

“Obviously, the vast majority of homeowners who have rooftop decks don’t abuse the privilege and affect the quiet use and enjoyment of their homes for their neighbors,” said Mayor John Peterson. “Apparently, though, it’s come up several times before the planning board that – whether they’re being rented out for Airbnbs or used as a business – rooftop decks have caused some problems looking down on the neighboring property.”

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Peterson likened the request to investigate prohibiting rooftop decks to discussions in past years that led to dogs being prohibited on the beach in the off-season.

“Dogs were allowed,” he recalled. “You could have them, leashed, in the off-season on the beach, but as is often the case, a few people spoil it for everybody.”

Councilman Marty Wilk, who leads the governing body’s land use committee, said he and his colleagues will look into the matter at the request of Gregory Hock, the planning board attorney who wrote to the council on the matter.

“Our town doesn’t have any kind of real parameters or guidelines into it,” Peterson said. “Some towns do, and I know they’ve gotten some research on it, and that’s where it is. The planning board thinks something should be researched on it.”

One resident offered his opinion on the matter at last week’s council work session meeting.

“I certainly understand the concerns, but being a homeowner who has a legal rooftop deck, I would encourage the council to encourage the planning board to focus on the real issue, which is the behavior of people using it – not on the families who want to use it for their own pleasure,” said Mitch Koppelman. “I know it’s not easy, but if we could focus more on the behavioral issues of people abusing it, it would make a lot more sense than banning it entirely.”

Koppelman’s comment seemed to muster some agreement among council members, who agreed to conduct some research into the matter.

“It’s an issue that may need some further work, but it’s not ripe for doing something at this very moment,” Peterson said.