Montville Zoning Board adopts amended Atkinson variance resolution after debate over fire-hydrant language

The Montville Township Zoning Board of Adjustment on March 19 voted to adopt an amended resolution for ZD/C12-25 (Atkinson, 10 Nowak Lane), incorporating language requested by a participant about recommendations from the fire official concerning installation of a fire hydrant on Nowak Lane.

Board attorney Howard Pashman told the board that the body "took no position because the fire code is outside of the board’s purview," warning that adding language could create ambiguity if it attempted to govern fire-code matters. Participant Mr. Schepis had asked the board to change condition #9 in the draft resolution to reference the fire official’s recommendations. Board member Rebecca Gomilla said she agreed with Mr. Schepis and supported the requested change.

A motion by Gomilla to "approve the language that Mr. Schepis requested and revise the resolution and adopt as amended" was seconded by Ryan Pisano. The roll call recorded yes votes from Gomilla, Jake Kovalcik, Pisano and Ron Cain; the motion carried.

The resolution as discussed grants variance relief related to demolition of two existing single-family dwellings and construction of a new single-family dwelling, including d(1) and c variances and approvals related to slope disturbance. The board noted that all required reports identified in the record must be complied with and that questions of fire-code compliance rest with the applicable fire and regulatory authorities rather than the zoning board.

The action allows the applicant to proceed toward the next administrative steps but board counsel advised the applicant to follow any external agency requirements and noted that other approvals (including any state-level determinations) may be needed before permits are issued.