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Sayreville board approves subdivision to regularize driveway, reduce lot nonconformities at 49 Hillside Avenue
Summary
A minor subdivision transferring a narrow parcel from Sayreville Boulevard to a Hillside Avenue lot won board approval after testimony that the change would reduce existing zoning nonconformities; a waiver for an existing driveway setback was requested.
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The Sayreville Zoning Board of Adjustment on Jan. 22, 2025 approved a minor subdivision for property owner Jack Nowak that transfers a strip of land from a Sayreville Boulevard parcel to a nonconforming lot on Hillside Avenue, reducing several zoning nonconformities, the board heard.
Attorney John Wisniewski, representing Nowak, said the application would legalize a driveway “tail” that has been used for many years and would transfer the strip of land to the Hillside Avenue lot. Licensed surveyor Val Braginsky testified that the Hillside lot’s current area of 6,266 square feet would increase to about 7,925 square feet after the transfer and that building coverage would fall from about 20.6% to about 16%.
Braginsky and the applicant said the two existing dwelling structures — a single-family and a two-family — were preexisting conditions; the transfer would not add new units or expand the nonconforming use but would reduce the intensity of variances needed. The board’s engineer reviewed technical comments and noted one outstanding issue: the existing driveway is roughly 2 feet from the property line, while the ordinance requires a 5-foot setback. The applicant requested a waiver for that setback and agreed to plan modifications the board engineer identified.
Owner Jack Nowak testified that he has used the driveway since at least the 1980s and that deed references and older surveys support long-term use. After professional testimony and board questions, the board voted to approve the subdivision and related variances and agreed to memorialize the decision at the next meeting. The approval included the requested waiver for the driveway setback and conditions to revise plan signature blocks and technical items noted in the board engineer’s report.
Why it matters: the subdivision legalizes longstanding use, increases lot area to meet zoning-area requirements, lowers lot coverage and reduces the practical intensity of zoning variances on Hillside Avenue.

