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Hopatcong resident told to document or appeal after driveway-permit denial
Summary
Resident Fulvio Falcone told the Land Use Board his repaving permit was denied for exceeding impervious coverage; board counsel advised him to provide survey evidence or file an appeal within the prescribed time window.
Fulvio Falcone, a Hopatcong resident, told the board his application to repave a driveway was denied by the zoning officer because the lot’s impervious coverage exceeded the allowable percentage. Falcone said prior approvals—including a 2002 variance and a 2012 permit for a fence—indicate the driveway features existed earlier and that the town’s files should reflect that history.
Board counsel and members advised Falcone that the correct path is to either provide additional documentation to the zoning officer to request reconsideration or to file a formal appeal to the Land Use Board. Counsel explained that an appeal requires timely filing, notification to neighbors and supporting proofs (for example a professional survey) showing that prior approvals or recorded plans support Falcone’s claim.
Board members explained the technical issue: historical approvals may have allowed lot-coverage percentages that subsequently changed with ordinance updates, and any incremental changes to lot coverage typically required sequential approvals. Counsel recommended Falcone begin with a certified survey and to confer with the zoning officer and the Land Use Board secretary about appeal deadlines and required records. The matter remained unresolved at the close of the comment period; Falcone was advised to pursue documentation or an appeal.
