A significant portion of the meeting revolved around the application for a D3 variance concerning a garage apartment on West Oak Street in Basking Ridge. The applicant sought to continue using a second-floor apartment in a detached garage, currently occupied by the owner’s son. The application faced scrutiny due to non-compliance with zoning ordinances that mandate apartments be located within the principal building and specify a familial relationship between occupants of the primary residence and the apartment. The board discussed a proposed deed restriction to formalize the apartment’s use, with members deliberating on the implications of allowing the owner’s son, a trustee, to reside there. The historical use of the apartment by family members was presented as a precedent, although the current situation deviated from previous allowances.

The discussion included the need for clarity on the relationship between the property’s occupants and the trust managing the property, which raised concerns about the enforceability of the proposed restrictions. Board members debated the practicality of a 180-day occupancy requirement, which aimed to prevent prolonged vacancy. Questions arose about how to monitor compliance with this stipulation, leading to suggestions for annual reporting to confirm ongoing adherence to the deed restrictions and the necessity for potential revisions to the variance language.

Another topic was the application for a variance related to lot coverage for a proposed swimming pool. The applicant requested permission for a maximum lot coverage of 25.15%, exceeding the ordinance’s 20% limit. The board examined the specifics of the application, including the pool’s size, design, and the need for effective stormwater management practices to mitigate the increased coverage. The applicants agreed to reduce impervious coverage to 23% by incorporating landscaping within the patio area.

The board also addressed concerns about the pool’s compliance with setback regulations due to the unique layout of the applicant’s property. The conversation highlighted the importance of understanding the distinctions between various sewer system components, particularly the proximity of the pool to the septic system’s distribution field. Ensuring neighbor relations were preserved, the applicants reported positive feedback from adjacent property owners.

Further discussions involved the Washington House Restaurant’s application for modifying conditions related to a tent structure initially approved for temporary pandemic-related use. The applicant’s counsel argued that recent state legislation mandating extensions for outdoor dining permits potentially conflicted with local ordinances. The board explored the implications of this new law and debated whether a formal modification was necessary to extend the construction permit deadline to May 3, 2025, in alignment with state provisions.