Bernardsville Planning Board Tackles Complex Lot Line Adjustments Amid Conservation Concerns
- Meeting Overview:
The Bernardsville Planning Board meeting delved into discussions surrounding a lot line adjustment application for properties 23.01 and 23.02 in block 44. The application, represented by Alicia Oaks for her father Abas Terrell, sought to reallocate 7,295 square feet between the two lots to comply with zoning regulations for a deck replacement. The board scrutinized the implications of the proposed adjustments, including potential encroachments, variances, and conservation efforts.
The primary focus of the meeting was the lot line adjustment between lots 23.01 and 23.02. The application aimed to replace the front entrance deck of the house on lot 23.01, which currently sits on rotting supports. The adjustment intended to align the property with front setback requirements, a necessity due to the separate ownership of the two lots. Alicia Oaks emphasized that the proposal did not expand the built footprint but sought compliance with zoning laws.
Board members raised concerns about the preservation of lot 23.02 as open space. While there was initial consideration of consolidating the two lots, the intent was to keep lot 23.02 undeveloped to maintain community open space. The board probed whether a deed restriction could be imposed on lot 23.02 to prevent development. Concerns arose that adjusting the lot lines without such a restriction might complicate future variance requests, as the lot would remain technically buildable.
The board also tackled issues related to pre-existing non-conformities, such as side and rear setbacks, that would persist despite the adjustment. A discussion ensued about the implications of the driveway’s current alignment, which appeared to encroach on adjacent lots. The absence of a shared driveway or easement between the properties complicated matters, as the driveway technically lacked legal access under current configurations. A proposal to create an easement between the lots was considered to formalize driveway access and avoid further legal complications.
Another discussion point involved the technicalities of the driveway’s intersection with properties on Elmer Avenue. The board debated the necessity of an easement to ensure compliance with borough standards and maintain proper access. The driveway’s configuration raised questions about the need for variances and whether it adhered to borough regulations regarding driveway widths for single dwellings.
The board examined the historical use of the driveway, noting its existence since at least 1999, and considered the implications of adverse possession due to its prolonged and open use. The conversation highlighted the need for clarity on the right-of-way associated with the property, as ownership of a nine-foot strip recorded in the deed was unclear, leading to confusion about its impact on the driveway’s legality.
In addition to the driveway and lot line issues, the board explored conservation options for lot 23.02. There was a consensus on the importance of preserving the lot as open space, with discussions about the possibility of imposing a conservation deed restriction. However, members hesitated, recognizing that such a restriction might complicate future decisions regarding the property. The board considered allowing the owners time to explore conservation alternatives before deciding on a deed restriction or other protective measures.
The board also addressed variance requirements, particularly concerning side and rear yard setbacks, and sought clarification on the application’s references to the front yard designation. Members engaged in a detailed examination of the lot lines and the relief needed from the board, with a focus on ensuring that any proposed adjustments adhered to zoning laws while balancing development rights with conservation goals.
Mary Jane Canose
Planning Board Officials:
Joe DeMarco IV, Karen Gardner, Shari Bunks Geller, Robert Graham, Bill Morrison, Ross Zazzarino, Hal S. Simoff, Marc Walden, James Sasso, Denise Filardo (Administrative Officer)
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Meeting Type:
Planning Board
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Committee:
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Meeting Date:
05/21/2026
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Recording Published:
05/21/2026
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Duration:
121 Minutes
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Notability Score:
Routine
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State:
New Jersey
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County:
Somerset County
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Towns:
Bernardsville
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