Merchantville land-use board denies 6-foot fence variance for 101 Ivins Ave

The Merchantville Joint Land Use Board on July 14 denied a request for a C fence variance at 101 Ivins Ave after a tie vote. The property owners, Lina Ziegler and John Vitarelli, requested permission for a six-foot cedar fence in the secondary front yard that faces Church Rd; the proposed fence would run 4 feet along Ivins Ave and six feet on the Church Rd side and rear.

The board entered an exhibit with modified measurements and heard testimony from engineer Jeff Hanson, who said the driveway “does not present a sight impediment.” Board member Uricchio questioned the stated need for a full six feet, noting the applicants cited privacy, noise buffering from Church Rd exposure and security for a work van and tools as reasons for the height. The applicants said they would continue to maintain the landscaping along Church Rd.

A motion "to approve a fence variance for a fence in the front yard and a variance for a 6' fence," recorded as moved by Haynes and Benjamin with a second, resulted in a tied vote and was not approved; the variance was denied. The hearing record notes the board treated the matter as a quasi-judicial proceeding and reminded participants that testimony should be limited to matters legally relevant to the application.

Two other fence-variance applications on the agenda — 114 Leslie Ave (JLUB-26-03) and 208 Church Rd (JLUB-26-04) — were listed as adjourned and were not decided at the meeting. The board proceeded to memorialize a separate resolution and then moved to professional and board comments before adjourning.