Morris Planning Board continues Piccolo minor subdivision after objections over notice, required variances and missing plans

The Morris Planning Board on Oct. 20 took testimony and heard objections to PB0825, an application by Mark and Lynn Piccolo to subdivide 35 Schoolhouse Lane (Lot 3501, Block 6) in the R A 130 residential zone into two lots. Objectors' attorney Rob Simon said the published notice and application did not identify all required bulk variances — including a per-family density/lot-density issue — and that the board and public lacked architectural elevations and other materials needed to evaluate negative criteria for multiple requested variances. Applicant counsel Nancy Lawtonville and the board’s professionals disagreed on those points; the board allowed the hearing to proceed and carried the matter for further testimony to Dec. 1, 2025 at 7 p.m.

Why this matters: The subdivision would create two single-family building lots where the zone’s bulk rules require roughly 3-acre minimums. Objectors argued the application increases density and seeks multiple lot-area/lot-width reductions that were not spelled out in published notice, potentially affecting neighbors’ ability to review and contest the proposal. The board’s decision to continue means more evidence and argument will be taken before any formal vote.

Objectors’ concerns and legal argument

Rob Simon of Herald Law, representing neighbors, told the board the applicant’s notice listed six variances but omitted an additional density/lot-density variance tied to the ordinance’s “per family” square-foot metric. Simon said relevant case law and the township ordinance require sufficient information — floor plans and elevations — so the board and public can judge whether granting…