Neighbors object to large raised patio as Millburn zoning board carries case

The Millburn Township Zoning Board of Adjustment on March 16 heard heated testimony about a partially constructed raised patio at 31 Talbit Court that the applicant now seeks to legalize.

Attorney Erica Edwards told the board she represents the property owner, Gregory Tinsky, and that the applicant seeks bulk and lot‑coverage variances to retain a rear patio constructed after a permit application showed different conditions. Edwards introduced two expert witnesses: licensed engineer Steve Parker and planner Samuel Bellamy.

Parker, a professional engineer, testified the patio is approximately 18 inches above grade adjacent to the house and rises to about 42 inches at the southwest corner. He said a drainage system was installed to collect runoff and divert it to the rear of the property and that construction had stopped once the zoning issues became apparent. “There’s really no significant grading proposed,” Parker said, adding that the patio replaces an earlier, smaller patio.

Bellamy told the board that, depending on which existing features are counted, the property’s lot coverage ranges from about 34.6% (excluding the historic patio) to roughly 42.8% with the present construction — above the R4 district limit of 35%. He said the raised portion of the patio is considered part of the principal structure for setback calculations and that the patio measures about 12.15 feet from the south property line where the applicable setback standard ranges from 15 to 22 feet depending on which measurement the board applies. Bellamy said the applicant would accept conditions such as tree screening and, if requested by the township engineer, installation of a dry well to address stormwater discharge.

Nearby residents objected at length. Kenneth Rempel, who identified his address for the record, said he returned from travel to find a tall wall adjacent to his yard and that trees that had provided visual screening were removed before work began. “It reverberates on our deck,” Rempel said, describing louder gatherings at the pool and expressing concern that a higher wall and railing would affect privacy and property value. Another neighbor reported spending roughly $3,000 on erosion and drainage fixes after runoff increased.

Board members pressed both sides on technical details: which existing features were reflected on earlier surveys, whether the previously existing patio had been nonconforming, whether the raised patio should be treated as part of the house for setback purposes, and whether the township engineering office had reviewed the stormwater design. The planner and engineer acknowledged the need for accurate survey information and said the applicant would work with the township to add screening or a dry well if required.

After public comment and internal discussion — with several members saying the officer’s view that the case felt like an “ask for forgiveness rather than permission” gave them pause — the applicant asked to revise plans and return. The board agreed to carry the application to June 22, 2026, with no further notice and requested revised plans and any new exhibits at least 10 business days before that hearing.

What’s next: The applicant is expected to submit revised drawings, a clearer coverage calculation and a landscape/screening plan addressing neighbors’ concerns. The board left open the possibility that the township engineer could recommend additional drainage controls as a condition of any approval.

Sources: testimony and exhibits presented at the March 16, 2026 Millburn Township Zoning Board of Adjustment hearing, including sworn testimony by Erica Edwards (attorney), Steven Parker (engineer) and Samuel Bellamy (planner); public comments by Kenneth Rempel and other neighbors.