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Hearing for 38 Jefferson Trail carried to Oct. 7 after applicant failed to send required adjacent-owner notice
Summary
The Hopatcong Land Use Board carried Jenny Cassell’s application for a new single‑family home at 38 Jefferson Trail to Oct. 7 after finding that the required certified 'buy/sell' notices to immediately adjoining owners were not provided; the board instructed the applicant to mail certified proof before the continued hearing.
The Hopatcong Land Use Board agreed to carry the application by Jenny Cassell for a single‑family home at 38 Jefferson Trail to the first Tuesday in October (Oct. 7) after staff and board counsel identified a missing procedural requirement.
Board counsel explained that because the lot is undersized and vacant, state case law requires the applicant to notify adjoining property owners via a certified "buy/sell" letter giving them the opportunity to purchase land or sell property that would eliminate the need for a variance. The applicant acknowledged she had not sent that certified adjacent‑owner notice and said she had not been aware of the separate requirement beyond the standard 200‑foot notice.
Board members discussed options including proceeding with the hearing and reserving decision or carrying it to allow the certified notices to be sent and responses to be received. The board chose to carry the application to Oct. 7 to give the applicant time to mail the required letters and provide proof of certified mailing to staff (Amy) in advance of the rescheduled hearing.
The board advised that if the certified letters produce a neighbor willing to buy or otherwise change parcel configuration, the variance could become unnecessary; conversely, lack of response after certified mailing allows the board to proceed at the continued hearing. The applicant agreed to obtain the sample certified letter from staff and send it promptly.
