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Zoning board approves second-story addition for Simonsen despite setback variances
Summary
The Montville Zoning Board approved application ZC07-25 (James Simonsen) to add a second floor on an undersized lot in the R-27A zone, granting several 'c' variances for front and side-yard setbacks. The board conditioned approval on required professional reports and record corrections to the zoning table.
The Montville Township Zoning Board of Adjustment voted March 19 to approve application ZC07-25 for a second-story addition at 21 Millers Lane, granting 'c' variances for front and side-yard setbacks.
Applicant James Simonsen and engineer James Slate testified that the narrow, undersized lot and preexisting nonconforming setbacks created a hardship. The application sought a front-yard setback of 25.3 feet where 47 feet is required (25.3 feet currently exists on site) and side-yard setbacks of 6.8 feet (west) and 17.7 feet (east) where 20 feet is required. Mr. Slate said other neighborhood homes have similar non-compliant setbacks and that the addition would make the property more consistent with the surrounding area.
Board planner David Novak questioned a notation of potential road widening visible on the plot plan. Exhibit A-1, a deed dated March 18, 1999, was entered into the record; the deed includes language about a future dedication for road widening if needed. Mr. Slate said corrections to the zoning table would be made as requested in the planner’s report. The board opened the matter to public comment; no members of the public spoke.
Engineer Jamie Giurintano advised that the project would apply for a "permit by rule," and that state review would not necessarily be required. When board member Ron Cain asked whether stormwater management was required, Mr. Giurintano said it was not.
A motion to approve the application, subject to professional reports and any required reports and testimony, was made by Jake Kovalcik and seconded by Rebecca Gomilla. Roll call votes of yes were recorded for Gomilla, Kovalcik, Larry Lomrantz, Ryan Pisano and Ron Cain; the motion carried.
After the vote, Mr. Slate asked if the applicant could proceed with permits at his own risk; board attorney Howard Pashman advised waiting for the resolution to be adopted before proceeding with permit work.
