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Board hears update on boathouse appeal and reviews DEP wetlands letter for a project site
Summary
Hopatcong Land Use Board counsel updated members on a court ruling involving a boathouse variance appeal and circulated a 2021 DEP letter identifying freshwater wetlands and transition areas on a reference property; board members said they would circulate copies and await further action by the applicant.
Board counsel reported an appellate-stage matter involving a prior denial of a boathouse addition brought by an applicant (record references Rob Scovetti and a son) and summarized the court’s finding that the applicant had not proved a hardship. Counsel said the current appeal posture turns on whether claimed community benefits outweigh detriments. Counsel explained an appeal would require transcript preparation and that the statutory window for appeal is 45 days from the decision date; it is the applicant’s choice whether to pursue an appeal.
Separately, counsel said staff had received and would circulate a letter dated March 24, 2021, from the New Jersey Department of Environmental Protection’s Division of Land Resource Protection stating that state open waters, freshwater wetlands and associated transition areas are present on and adjacent to the referenced property. Counsel said the DEP letter indicates wetlands on or adjacent to the site and that the board cannot overrule a DEP technical finding; the board agreed copies should be made available to members.
No board action was taken on either matter at the meeting. Counsel said he would notify the board if he learned that the applicant intended to file an appeal or take other steps.
