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Board approves two homeowner variance applications; memorializes two earlier approvals
Summary
On Feb. 24 the Morris Township Board of Adjustment granted variance relief for two homeowner projects (VA‑01‑25 and BA‑02‑25) with customary conditions and adopted memorializing resolutions for earlier approvals; several public commenters raised privacy and screening concerns.
The Morris Township Board of Adjustment on Feb. 24 approved two homeowner variance applications and adopted memorializing resolutions for two earlier applications. The board recorded conditions (relocating a shed, obtaining grading permits and stormwater controls) and heard public comment focusing on privacy and landscaping.
Key outcomes at a glance
- VA‑01‑25 (Anthony DeVito, 204 Lot 6145 Lake Valley Road): Approved. The board granted variances for front, left and right side yard setbacks, combined side yard relief, building‑coverage and expansion of a nonconforming structure. The resolution of approval included standard conditions: the applicant must relocate an existing shed to a conforming location and obtain required grading and stormwater permits before building permits are issued. Applicant Anthony DeVito said he sought the variance so he could add bedrooms and “put the addition on and then sell the house to my son,” and the board noted the applicant’s lot is undersized (8,966 sq ft where 15,000 sq ft is cited in testimony as the district requirement).
- BA‑02‑25 (Brandon and Kelly Carey, 15 Whatman Road): Approved. The board granted five variances for a front portico and a second‑story addition including front and side setbacks, combined side yard relief, building‑coverage relief (32% where 30% is allowed) and expansion of a nonconforming structure. Neighbor Karen Haskell testified she was not opposed in principle but expressed concern the taller rear addition would “dwarf the side of my house and just loom over the backyard.” Board members discussed planting and other mitigation to preserve privacy in consultation with the applicants.
- Memorializing resolutions: The board approved memorializing resolutions for earlier applications BADash16‑24 (Todd Goldberg) and the application filed by Daniel Valvano; both were recorded as granted with standard conditions and will be formalized in written resolutions at a future meeting.
What was discussed
The DeVito application included an architect’s model and detailed setback numbers: proposed front yard 11 feet (50 required), left side 14.67 feet (20 required), right side 10 feet (30 required), combined side yard 24.67 feet (50 required), and building coverage ~23.72–23.87% (20% allowed). The board conditioned approval on relocating an existing shed to a conforming location and obtaining a grading permit and stormwater mitigation.
At the Carey hearing, the applicants explained they were expanding a small 1,200–1,300 sq ft house to accommodate a growing family. Board staff summarized five variances requested: front yard 19 feet where 25 is required, left side 9 feet where 10 is required, right side 6 feet where 10 is required, combined side yard 15 feet where 20 is required, and building‑coverage 32% where 30% is allowed. The board emphasized the lot’s small size and noted conditions to protect neighbor privacy and to comply with building and grading permits.
Board procedure and next steps
All approvals were granted with standard conditions spelled out on the record; written memorializing resolutions will be prepared and distributed at the board’s next meeting. Where the board required additional paperwork (for grading, stormwater, or shed relocation), staff indicated those items must be filed before the building department will accept building plans.
Votes (selected)
- VA‑01‑25 (DeVito): motion to approve moved by [Mister Penwell/seat not specified in roll], seconded; roll call votes recorded as “Yes” from: Mister Goldberg; Mister Trachtenberg; Mister Williams; Miss Simmons; Miss Poulara; Mister Benoit; Mister Woodford; Mister Whitford. Outcome: approved (conditions: shed relocation; grading/stormwater permits).
- BA‑02‑25 (Carey): motion to approve moved and seconded; roll call votes recorded as “Yes” from: Mister Goldberg; Mister Trachtenberg; Mister Williams; Mister Schuster; Mister Benoit; Miss Simmons; Mister Whitford. Outcome: approved (standard conditions; staff to note required permits).
- BADash16‑24 (Todd Goldberg memorializing resolution): moved by Mister Williams, seconded by Mister Benoit; roll call recorded yes from the membership in attendance. Outcome: memorializing resolution approved.
- Resolution for Daniel Valvano (memorializing): moved by Mister Williams, seconded by Miss Simmons; roll call recorded yes; outcome approved with standard conditions.
Context and public comment
Board members and staff noted many lots in the township’s older neighborhoods are substandard in size, which creates recurring needs for setback and coverage variances when homeowners expand modestly. Several neighbors who testified (notably Karen Haskell at Whatman Road) urged the board to require effective screening to protect backyard privacy; the board and applicants discussed plantings and other mitigation, noting some species (such as arborvitae) can be susceptible to deer browsing and may require fences or alternate species to be effective.
The board said written resolutions will follow and that applicants must satisfy municipal building‑permit and stormwater requirements before construction begins.
