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West Milford board grants Fox Island homeowner use variance despite unimproved road access
Summary
The Zoning Board granted a use variance and related bulk variances to permit a small single‑family house on Fox Island; the board found lot configuration and island access created a C-1 hardship but noted Highlands and DEP approvals and fire‑marshalled sprinkler concerns.
The West Milford Zoning Board of Adjustment approved a use variance April 28 allowing a single‑family home on Fox Island that lacks public road frontage and is accessible only by boat.
Counsel John Barbarula presented the application and introduced engineer Jeff Houser and planner Donna Holmqvist, who described a narrow, deeply proportioned lot (approximately 375 by 100 feet) and a proposed roughly 30‑by‑30‑foot one‑bedroom seasonal dwelling. Houser testified the island contains about a dozen properties, several of which have year‑round houses; construction logistics will require a lift and careful staging. The applicant proposed well and septic service with an advanced treatment unit and a limited area of disturbance. Ms. Holmqvist said the plan minimized shoreline disturbance and argued the proposal is consistent with the township master plan goals to preserve open space while permitting limited residential use.
The board found C‑1 hardship (site configuration) and granted the unimproved‑road use variance and bulk variances for frontage and side‑yard relief, with conditions that the applicant pursue Highlands and DEP permits (General Permit 6 anticipated) and address any fire‑marshal requirements; the fire marshal recommended a sprinkler or equivalent dedicated water source. The board noted the applicant described the dwelling as seasonal and said the house would be heated by a wood stove.
The applicant must secure required state and local permits before construction and comply with any conditions imposed by the building and fire departments. The board’s resolution will memorialize the relief and the 45‑day period for appeals.
