Development News for Montclair, New Jersey

Zoning Board Approves Impervious Coverage Variance for 15 Prospect Terrace, Denies Hot Tub Setback Variance

The Zoning Board of Adjustment heard an application for variances for 15 Prospect Terrace, a property with existing impervious coverage and a side yard setback issue related to a hot tub. The applicant, Alex Fuchs, requested variances for impervious coverage (47% proposed vs. 35.8% permitted) and a side yard setback for a hot tub (8.1 feet vs. 10 feet required). The property has a long driveway and historic structures contributing to high existing impervious coverage. The board discussed the concerns regarding impervious coverage and stormwater management, especially in light of testimony from a neighbor about past drainage issues. The applicant and their landscape designer detailed plans for stormwater mitigation, including 13 green giant arborvitae and skip laurels for screening, and a six-foot fence. The board expressed concerns about the side yard setback for the hot tub, with some members feeling the hardship was not sufficient for a variance. The motion passed to approve the impervious coverage variance, deny the side yard variance for the hot tub, and conditioned approval on stormwater management measures, sewer line protection, and applicant representations.

Zoning Board Interprets 260 Park Street as NC Zone Amid Historical Map Dispute

The Zoning Board of Adjustment considered an application for an interpretation of the Montclair zoning map concerning the property at 260 Park Street. The applicant, 260 Park Street LLC, argued that the property is zoned as Neighborhood Commercial (NC) based on the current zoning map adopted in 2022. An objector, represented by Justine Delvecchio, presented historical maps and ordinances to argue that the property has always been zoned Residential 2 (R2) and that its inclusion in the NC zone on the 2022 map is an administrative error. The board heard testimony from both sides, public comments, and deliberated on the issue. Ultimately, the board voted to adopt a motion interpreting the 2022 zoning map as depicting the subject property in the NC zone, leaving aggrieved parties to pursue legal action if they wish.

Zoning Board Carries 105 Upper Mountain Ave. Variances Amid Stormwater and Plan Clarity Concerns

The Zoning Board of Adjustment heard an application for three variances for the property at 105 Upper Mountain Avenue, involving a substantial renovation project. The applicant, represented by Alan Trembulak and contractor Jack Finn & Company (Ryan Hart), sought variances for a garage's side yard setback (8 feet vs. 12 feet required), garage height (15.3 feet vs. 15 feet permitted), and impervious coverage (44.1% proposed vs. 35% permitted). The garage variances were attributed to errors by a prior contractor. The impervious coverage variance is largely due to a new pool, patio, and expanded driveway, as well as prior reconstruction of the house and drainage systems. Extensive stormwater management improvements, including 12 seepage pits, were proposed to mitigate runoff, exceeding typical requirements due to the site's classification as a major development. The board expressed significant concerns regarding the stormwater management plan, the adequacy of the proposed system, and the overall clarity of the plans. Neighbor Seth Yellen submitted a written objection detailing past drainage issues and requesting an independent engineering review. Due to the concerns, the board decided to carry the application to a future meeting for revised plans and further review by the township engineer.