Raritan Zoning Board Grants Pre-Existing Non-Conforming Use Status to Property
- Meeting Overview:
At a recent Raritan Zoning Board meeting, members unanimously approved a motion to declare 111 Evers Road as a lawfully created pre-existing non-conforming use. The property, which includes a single-family house and three rear apartments, was subject to extensive discussion regarding its historical status and a tenant’s code enforcement complaint. The board also addressed resolutions involving variances and extensions for local development projects, including properties on Route 31 and Barbage Drive.
The most notable discussion centered on the application from Fred Kron for a non-conforming use certificate for his property on Evers Road. The property, situated in an R3 residential zoning district, consists of a single-family house and three apartments. The board had to determine whether the property’s current configuration predated the zoning ordinance established in December 1956. A subdivision map from 1972, presented as evidence, illustrated the longstanding use of the property as it currently exists, which Kron confirmed.
The board’s deliberations included the examination of historical context, specifically whether the building had been converted into three apartments prior to the 1956 ordinance. The timeline of these conversions was unclear, leading to a debate about the legal status of the property’s configuration. Kron’s testimony, along with that of a township planning expert, aimed to clarify the property’s status. The board also discussed the implications of the evidence presented, with some members expressing skepticism about the adequacy of the documentation to support the claim of pre-existing non-conforming use.
A point of contention was a code enforcement complaint filed by a tenant named John Schwick. The complaint alleged unauthorized conversions of farm structures into apartments and raised safety concerns. Kron stated he was unaware of any formal notification regarding the complaint, describing the tenant as contentious. The board debated the relevance of this complaint, with some members suggesting it should not impact their consideration of the application. Ultimately, the board determined there was sufficient evidence to support the claim of pre-existing non-conforming use, voting unanimously in favor of the motion.
The meeting also addressed resolutions for other local development projects. One significant resolution involved the Ryder Township Board of Adjustment’s property on Route 31, where the board granted D1 use variances for prohibited uses, including contractor yard use and 24/7 commercial snow removal operations. This resolution was approved unanimously.
Another resolution pertained to Justin Pioneer Developers Inc. for a property on Barbage Drive, which involved a C2 variance for removing a portion of the tree canopy and installing a monument sign within a setback area. This resolution was also approved by the board without dissent.
The board then moved on to applications for the evening, including BOA case number 04-2024 for 207 Everetts Monsanto Property LLC. The applicant requested extensions for obtaining signatures on final plans, zoning, and construction permits, with a proposed completion date of April 17, 2027. This request was granted without opposition.
The meeting also addressed BOA case number 16-2023 for RTL Firmington LLC concerning a Target location on Highway 202. The representative noted ongoing construction and issues with zoning and building permits, including concerns about landscaping and electric vehicle charging stations. The board granted an extension for obtaining permits and completing construction by March 25, 2026, emphasizing the need for clear communication among stakeholders.
In another discussion, a representative from Target, Jeff Mather, addressed the board regarding their construction project, set to open in August. Despite ongoing issues, Mather reassured the board that the project was on schedule. The board clarified the requirement for a permanent certificate of occupancy before opening, which Mather acknowledged.
Bob King
Zoning Board Officials:
Cynthia Schaefer, Rasul Damji, Randy Block, Steve Farsiou, Lindsey Kuhl-Brengel, James Ferraro, Laurette Kratina, Donna Drewes, James Miller, Jonathan Drill, Esq. (Board Attorney), Jeffrey Vaccarella, Aicp, PP (Township Planner), Rakesh Darji, PE (Township & Temporary Engineer), Mark Kataryniak, PE (Temporary Board Engineer), John Morgan Thomas, ASLA (Township & Board Landscape Architect), Jessica Caldwell, Aicp, PP (Board Planner), Jay Troutman, PE (Board Traffic Consultant), Jackie Klapp, CCR (Board Stenographer)
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Meeting Type:
Zoning Board
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Committee:
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Meeting Date:
04/17/2025
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Recording Published:
04/22/2025
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Duration:
73 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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