Zoning board approves fence and setback variances for Acorn Drive property

Montgomery Township — The Montgomery Township Zoning Board voted Sept. 25 to approve technical variances that allow a 4-foot pool-safety fence to be installed atop a 4-foot retaining wall and to authorize a 4.2-foot release from a 20-foot conservation-easement setback at 37 Acorn Drive (Block 15025, Lot 2).

The board’s decision came after the applicant’s counsel and the applicant’s engineer described site constraints that the applicant said make strict compliance infeasible. Applicant engineer David J. Schmidt said the foundation of the proposed pool-house area is 15.8 feet from the conservation deed-restricted area and that the applicant was therefore seeking “a 4.2-foot variance from the critical areas,” adding that the improvements had been shown on prior plans but not specifically flagged as variances.

The board’s planning and engineering professionals reviewed consultant reports on wetlands, stormwater, septic and grading. Schmidt testified that the property is approximately 3.439 acres with about two-thirds in a conservation easement, and that the disturbance area associated with the work is about 35,600 square feet.

Members asked detailed questions about whether the open-air pool house should be classified as a building and whether the septic design would support a sink. The applicant said a sink is possible only if the health-department design flow permits it; the board required submission of the E&LP septic plans to the board secretary and board engineer to confirm the required 10-foot separation as a condition of approval.

The board also discussed visual screening along the property line where the retaining wall faces the deed-restricted land. The environmental commission had recommended native species such as American holly and viburnum, while the board’s landscape expert suggested faster-growing screening. The board and the applicant agreed to require evergreen screening; the board stated it would accept Green Giant arborvitae as the plantings.

Counsel for the applicant agreed on the record to accept conditions drawn from consultant reports where those reports requested conditions, and the applicant confirmed compliance with prior approvals for tree disturbances and street-tree plantings. The applicant also agreed to handle the soil-hauling limit previously approved (up to 100 cubic yards) and to obtain any required agency permits, including NJDEP approvals and earlier LOI determinations noted in the record.

On a motion to approve the variances for the retaining wall/fence configuration and the 4.2-foot setback relief, the board conducted a roll-call vote. The roll call recorded the following votes as "yes": Abusabi; Blasovsky; Blodgett; Bruns; Rosenthal; Walmart; and Wood. The motion passed.

Votes at a glance - Motion to memorialize resolution, case BA Tech01Tech25 (Province Line Road LLC, 441 Province Line Road): approved by roll call. - Motion to memorialize resolution, case BA Tech03Tech24 (AG Home Builders, 323 Bellemeade/Bolingburg Road): approved by roll call. - Motion to approve variances, BA tech 02 deck 25 (2 Acorn Revocable Living Trust, 37 Acorn Drive): approved; roll-call yes votes recorded above.

What happens next The approval includes conditions recorded on the public record: submission of detailed septic plans for confirmation of the required separation, installation of the agreed plantings to screen the retaining wall, and compliance with the items and conditions specified in the consultant reports. The board also approved minutes from the Aug. 26 meeting and scheduled its next regular session for Nov. 25, 2025.

Reporting notes Direct quotes and technical measurements are taken from the hearing record: the applicant stated that the foundation-to-conservation-area measurement is 15.8 feet and that the requested setback variance is 4.2 feet; the applicant described the pool house as 13 by 21 feet and identified the disturbance area as about 35,600 square feet. The board placed standard conditions on approval, including confirming septic separation and requiring the screening plantings discussed during testimony.