Millburn Zoning Board Grapples with Steep Slope Variances and Sunroom Proposal Withdrawal
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Meeting Type:
Zoning Board
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Meeting Date:
01/13/2025
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Recording Published:
01/13/2025
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Duration:
232 Minutes
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Towns:
Millburn
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County:
Essex County
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State:
New Jersey
- Meeting Overview:
The Millburn Town Zoning Board meeting was dominated by discussions on two main issues: a complex variance request involving steep slope disturbances at Slayton Drive and a sunroom proposal on Hobart Avenue that was eventually withdrawn. These cases highlighted ongoing challenges around zoning compliance and community impacts, with board members and applicants navigating technical, environmental, and neighborhood concerns.
The meeting’s focal point was an intricate application related to steep slope disturbances on Slayton Drive. The applicant, Jonah Rord, faced significant scrutiny over deviations from approved construction plans, including a 12-foot retaining wall built without prior approval. This construction, necessitated by steep slopes and existing sanitary sewer easements, required retroactive approval due to excess disturbance. The applicant’s engineer, Rich Keller, outlined the project’s challenges, emphasizing the steep slopes exacerbated by past developments and the necessity of variances to address these site-specific issues.
The board engaged in a detailed examination of the retaining walls and the steep slope ordinance, which limits disturbances to 1,000 square feet unless an existing structure is present. A key point of contention was the need for a variance to legitimize the disturbances exceeding this threshold. The applicant’s architect presented Exhibit A1, an annotated aerial photograph illustrating the site’s dimensions and slope issues. The architect argued that the variances requested were consistent with municipal land law and improved the project’s design. However, board members expressed concerns about adhering to separation requirements for the retaining walls, which contradicted structural logic but were mandated by steep slope regulations.
Complicating matters further, the board scrutinized the compliance of existing and proposed retaining walls, particularly in terms of separation distances. While the existing turquoise walls were compliant, the proposed black and white checkered walls would still require a variance. The board discussed modifying plans to meet separation requirements while maintaining the overall disturbance area. Throughout the discussion, safety concerns were a recurring theme, with board members emphasizing the importance of adherence to local ordinances and structural integrity.
The meeting’s other significant topic was the proposed sunroom addition on Hobart Avenue, which faced opposition from neighbors concerned about privacy, sunlight, and property value impacts. The applicant argued that the enclosed sunroom would reduce noise pollution compared to the existing open deck. However, the board was not convinced by the shadow study presented, which was criticized for its limitations and inability to accurately reflect real conditions. Concerns about the sunroom’s impact on neighboring properties persisted, with residents expressing apprehensions about loss of sunlight and privacy.
The board’s deliberations on the sunroom proposal culminated in the applicant opting to withdraw the application without prejudice, allowing for potential resubmission with modifications. This decision followed a consensus among board members that the proposal had not adequately addressed the neighbors’ concerns or met the burden of proof required to justify the application.
Annette Romano
Zoning Board Officials:
Craig Ploetner, Jessica Glatt, Joe Caulfield, Chandru Harjani, Amy Lawrence, Gary Rosen, Regina Truitt, Pricilla Saraf (Alt #1), Xiaoxuan (Derek) Peng (Alt #2), Robert Simon (Board Attorney), Eileen Davitt (Zoning Officer/Board Secretary)
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Meeting Type:
Zoning Board
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Committee:
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Meeting Date:
01/13/2025
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Recording Published:
01/13/2025
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Duration:
232 Minutes
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Notability Score:
Routine
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State:
New Jersey
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County:
Essex County
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Towns:
Millburn
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