Waldwick zoning board approves homeowner's front-yard overhang at 5 Emmett Place with permit and no-enclosure condition

The Waldwick Zoning Board voted to approve an application from homeowner Oscar Perrow to keep a covered overhang attached to his patio at 5 Emmett Place, but required a full building permit and asked that the resolution explicitly bar converting the overhang into enclosed living space.

Perrow, who was sworn in for testimony, told the board he built the covered enclosure "to provide some shade in the living room and the entry area" and said he believed the paver work left surface permeability unchanged. Board members and staff agreed the pavers did not increase lot coverage but said a roof overhang counts toward the front-yard setback. As one board member put it, "once you build a roof overhang, then you are encroaching into the front yard setback." The board said setback calculation is based on the roof projection (fascia/gutter line) rather than on the paver surface.

Members discussed the risk that an overhang could later be enclosed and thereby create additional living area; a board member recommended including a prohibition on enclosure in the resolution to prevent future incremental expansion. The board also made clear that state and local building-permit requirements still apply: the applicant was told he must obtain a full building permit regardless of the variance.

After questions about property dimensions and lot coverage (a member noted "the 56% is existing"), a motion to approve the application passed. The chair told Perrow he would receive the formal resolution next month and must pull the necessary permits before making the work permanent.

The decision preserves the existing open covered feature but places a recorded limitation that it may not be enclosed without returning for additional approvals and a building permit.