Millburn Zoning Board Grapples with Complex Patio and Fence Application Amid Safety and Aesthetic Concerns
- Meeting Overview:
The Millburn Town Zoning Board meeting focused on the complex interplay between zoning regulations, safety concerns, and aesthetic implications surrounding a controversial application for a patio and fence at a Short Hills property.
The heart of the meeting revolved around an application concerning a residential property in Short Hills, where the applicant sought approval for a revised patio and fence layout adjacent to a pool. The initial application, denied in 2022, had undergone significant modifications aimed at addressing safety and aesthetic concerns raised by both the board and neighboring residents. The applicant proposed a patio that had been reduced from 399 square feet to 271 square feet, creating a safer environment for children and pets by improving the circulation around the pool area. A key aspect of the proposal was the installation of a four-foot fence along the southern property line, intended to enhance privacy and align with neighborhood aesthetics.
The board scrutinized the patio’s dimensions and its alignment relative to the house, emphasizing the need for clarity and accuracy in the application materials. During the detailed examination, discrepancies emerged regarding the total impervious coverage of the property. The applicant initially presented a figure of 40.7%, which was later corrected to 46.8%, prompting discussions about the necessity for additional zoning relief. The board underscored the importance of precise calculations and encouraged the applicant to provide comprehensive documentation to facilitate decision-making.
The discussion also touched on the implications of the proposed fence, which had been a focal point in previous deliberations. Concerns were raised about the visibility of the fence from neighboring properties and its impact on the area’s visual character. The applicant assured the board that the fence would be obscured by a row of arborvitae trees, which would grow to form a natural screen. This was part of a broader effort to align the project with the neighborhood’s residential character while addressing safety concerns associated with pool access.
A significant portion of the meeting was dedicated to legal considerations, particularly the concept of “res judicata,” which could prevent the board from reconsidering applications previously denied unless substantial changes were made. The applicant argued that the current proposal was markedly different from the previous one, especially in terms of reduced variances and enhanced compliance with new ordinances. The revised fence proposal, now at a height of five feet instead of six, was presented as an improvement that better integrates with the surrounding landscape.
Board members engaged in a dialogue about the potential benefits and detriments of the application, employing a balancing test to gauge the proposal’s alignment with public interest and zoning regulations. They considered the absence of neighbor objections to the new proposal as an indicator of its acceptability, with one board member noting the improved safety and design of the revised plan. The board ultimately approved the variances outlined in the documentation, with a unanimous vote in favor of the application.
In addition to the primary focus on the Short Hills property, the meeting also addressed other zoning applications and procedural matters. One such case involved a corner lot on Dors Lane, where the applicant sought a variance due to the property’s irregular shape and limited developable area. The board deliberated on the challenges presented by the lot’s configuration, acknowledging the unique hardship faced by the applicant. Discussions included the setbacks required for corner lots and the potential for reconfiguring the house’s position to optimize the lot’s developable area.
The importance of public engagement was also highlighted, with assurances given that community members would have opportunities to comment on revised plans in future meetings.
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:
08/25/2025
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Recording Published:
08/25/2025
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Duration:
123 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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