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Zoning board allows replacement garage moved off sanitary easement; owner must coordinate with sewer authority

Bernards Township Zoning Board of Adjustment · July 10, 2025
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Summary

Patrick Zielinski was granted a variance to replace a front‑yard garage with a new three‑car garage moved off a sanitary‑sewer easement, conditioned on coordination with the Sewer Authority, an as‑built survey showing the new garage outside the easement, and compliance with tree‑replacement rules.

Patrick Zielinski asked the board for relief to replace and relocate an existing garage on his lot at 61 Madisonville Road. The existing accessory structure sat in what the board attorney described as a technical front yard (the lot borders Route 287 and has irregular rights-of-way), meaning replacement of the demolished accessory structure required a fresh variance because grandfathering is lost when the structure is fully removed.

Board engineer counsel noted benefits in the applicant’s plan: the new garage footprint reduces lot coverage by roughly 177 square feet and moves the proposed building off a sanitary‑sewer easement. Zielinski agreed on the record to contact the Sewer Authority for any approvals regarding work in or near the easement, to provide an as‑built survey showing the final garage outside the easement, and to comply with the township’s tree‑replacement ordinance if a large tree must be removed.

The board approved the application with conditions that included: coordination and approvals from the Sewer Authority if required; recycling/repurposing of demolitions where feasible; implementation of stormwater best practices during construction; and compliance with engineer/planner and environmental commission recommendations. The motion passed on roll call.