Mendham board schedules appeal hearing after zoning permit revoked for 23 Schoolhouse Lane; fee waiver denied

The Township of Mendham Board of Adjustment on Nov. 13 scheduled a hearing for an appeal of a revoked zoning permit at 23 Schoolhouse Lane and said it lacks authority to waive related application and escrow fees.

Board Attorney Anthony Sposaro told the board that a zoning permit had been issued to the homeowners to construct an accessory building but that, on review, the structure is located in the front yard and "a permit should not have been issued," prompting the Zoning Officer to revoke the permit. Sposaro said the revocation is now the subject of an appeal.

Attorney Michael Coskey of Greenbaum, Rowe, Smith & Davis, LLP, who is representing the homeowners, asked the board to waive the application and escrow fees for the appeal. "The clients are seeking a waiver of the application and of its related fees," Coskey said. Sposaro responded that "by Mendham Township ordinance, the Board does not have the authority to waive the fees." The board did not grant a fee waiver.

Coskey also requested a written explanation from the Zoning Officer for the revocation; Sposaro said he would urge Zoning Officer Len Perre to provide a written reason promptly. Sposaro told the board that Perre is expected to attend the Dec. 11, 2025 meeting so he can explain why the permit was revoked and the appellants may then present their arguments.

The board determined the appeal for 23 Schoolhouse Lane will be heard at the Board of Adjustment meeting on Thursday, Dec. 11, 2025. The hearing will require notice to the newspaper and the 200-foot property list at least 10 days prior to the meeting, per the board’s procedural requirements.

No formal vote on the appeal’s merits was taken at the Nov. 13 meeting; the board set the procedural steps and date for the contested hearing.