Raritan Zoning Board Approves Deck Variance
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Meeting Type:
Zoning Board
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Meeting Date:
06/16/2022
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Recording Published:
05/20/2024
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Duration:
159 Minutes
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State:
New Jersey
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County:
Hunterdon County
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Towns:
Raritan Township
- Meeting Overview:
The Raritan Zoning Board meeting on June 16, 2022, concluded with the approval of a contentious D3 variance for a deck that was built without prior zoning approval. The decision was made with specific conditions, including a requirement for the applicant to gain approval from the Department of Health. The debate centered around the deck’s encroachment into a preservation buffer and its necessity for an elderly relative’s mobility. This approval was among the several issues discussed at the meeting, where the Board also addressed an application by James Rigan for a C variance related to an on-site sewage disposal system, an accessory apartment application, and the progress of Esco Precision Inc’s application.
The discussion of the deck was multifaceted, involving its history and the implications of its existence. The deck, constructed four years ago, was previously unrecognized due to the homeowner’s decision to file an affidavit of no change to avoid the cost of a new survey. Questions arose about the deck’s grandfathered status and its legality. The debate expanded to include the deck’s role in providing accessibility for a handicapped individual, potentially serving a broader public benefit by allowing the individual to reside with family rather than in an institution. After extensive deliberation, the board agreed to grant the variance, stipulating that no further structure would be added and that the Department of Health’s approval was needed for certain property aspects.
Another issue involved James Rigan’s application for a C variance for a structure within a Natural Resources buffer zone. The application faced scrutiny over the property’s septic system capacity, with technical analyses by the board’s engineering expert suggesting that the system could not support the required gallonage for an apartment. The board was informed that the final decision on the septic system would rest with the County Board of Health.
The meeting also delved into the application for an accessory apartment in the basement of a property. The applicant asserted that the septic system could handle the additional load, while board members expressed concerns about the system’s adequacy. Legal enforceability of proposed restrictions on the apartment’s use was debated, as were the implications of deed restrictions on marketability. A board member suggested that the applicant should reapproach the Board of Health, and a condition was proposed that would void the approval if the Board of Health denied the septic system plans.
Esco Precision Inc’s application was another focal point. The board acknowledged the applicant’s work in addressing professional comments and technical memos. The discussion covered traffic, landscaping, architectural plans, sign details, and lighting compliance. A waiver was requested due to non-compliance with the ordinance requirement for foot candle illumination. The Solid Waste compliance was confirmed, but the Fire Marshall’s review was pending. Planning testimony included a defense of the proposed Flex use in the industrial zone by the planner, who argued that the use was consistent with the master plan and would not impair the zoning ordinance.
Lastly, the board touched on a proposed development that required a steep slope variance. The applicant presented a plan to mitigate erosion and comply with stormwater regulations, addressing potential negative impacts through landscaping and screening. The board showed support for the application, emphasizing its potential benefits for small businesses and the community, and approved the variance subject to specific conditions.
Scott Sipos
Zoning Board Officials:
Cynthia Schaefer, Rasul Damji, Randy Block, Steve Farsiou, Lindsey Kuhl-Brengel, James Ferraro, Laurette Kratina
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Meeting Type:
Zoning Board
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Meeting Date:
06/16/2022
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Recording Published:
05/20/2024
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Duration:
159 Minutes
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Notability Score:
Routine
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State:
New Jersey
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County:
Hunterdon County
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Towns:
Raritan Township
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