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Board hears addition at 11 Campbell Street; counsel urges clearer notice to applicants about assessment/2% fee
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Summary
An application for an addition at 11 Campbell Street was approved after testimony about a skewed lot line and combined side-yard setback; the board also discussed a 2% assessment-related obligation on additions and recommended including clear notice language in applications and resolutions.
The Waldwick Board of Adjustment reviewed and approved an application for an addition at 11 Campbell Street and used the discussion to press for clearer notice to applicants about a tax-assessor ‘‘2% obligation’’ that can raise the cost of additions.
An attorney representing the owners explained the parcel sits on a skewed lot line that produces combined side-yard setbacks shorter than the code’s combined requirement; the applicant’s position was that the unusual lot geometry creates a hardship and that the addition’s design does not create detriments to neighboring properties. The board’s architect and counsel questioned technical aspects of the setback calculations and asked for a fuller plan set, but no neighbors opposed the application.
The board approved the application in roll-call without recorded opposition (eight recorded yes votes). During the broader discussion, counsel and board members described a local practice whereby additions can trigger an assessment-related payment equal to roughly 2 percent of the difference in assessed value after construction; that payment is often collected in two installments tied to permit issuance and final certificate of occupancy.
Several participants said homeowners sometimes learn about that fee only after construction, producing “shell shock.” Counsel recommended adding a clear paragraph to application forms and to the resolution language so applicants are aware of potential tax-assessor estimates and the timing of payments. One attorney said the town can require applicants to consult the tax assessor for an estimate before construction.
Board direction: staff and counsel were asked to draft application/resolution language that explicitly notifies applicants about the assessment/2% obligation and the timing of any payments.
Next steps: Board staff will incorporate recommended notice language in the application packet and the resolution template; resolution adoption and the appeal period will follow normal publication procedures.
