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Land Use Board approves accessory dwelling unit at 545 Larger Cross Road, requires septic expansion and deed notice
Summary
The Bedminster Township Land Use Board granted conditional-use approval Jan. 8 for an accessory dwelling unit at 545 Larger Cross Road for applicant Eric Turiansky, imposing conditions including septic expansion before the certificate of occupancy, marked limits of disturbance, shared driveway access and recording a deed notice to note the ADU’s no-rent ordinance restriction.
The Bedminster Township Land Use Board voted Jan. 8 to approve a conditional-use site plan for an accessory dwelling unit (ADU) at 545 Larger Cross Road, subject to standard technical conditions and approvals.
Engineer Steve Parker introduced the application, saying, “This is an application for approval of an accessory dwelling unit, which is a conditional use, that's allowed in the R-10 zone.” Parker told the board the proposed detached ADU would sit about 75 feet from the main house on an approximately 26.6-acre parcel and is proposed at roughly 1,040 square feet, which he said “falls within that range” of the ADU size limits. Applicant Eric Turiansky was sworn in and provided the property address to the board.
The board’s approval is conditional on a set of measures spelled out during the meeting: the limit of disturbance must be staked in the field; the septic system must be expanded and approved by the Board of Health prior to issuing a certificate of occupancy; a township soil-movement permit must be obtained before construction starts; construction access must be via the existing driveway; and the board recorded the applicant’s agreement that no rent may be charged for the ADU under the township ordinance.
On the no-rent requirement, members discussed enforcement options and whether to record a deed notice or a deed restriction. Town counsel advised that recording a deed notice is common and provides public notice of the board’s resolution, while a deed restriction—if written to grant enforcement rights to the township—would be a different, more complex instrument. As counsel summarized, recording a notice “is recommended and is… an attorney doing land use would know that that is expected when an approval takes place.” Board members noted enforcement is largely complaint- or listing-driven and discussed the policy trade-offs of keeping a no-rent condition in place.
The board also reviewed review letters from township staff and outside reviewers (dated Dec. 8 and Jan. 5), which flagged routine items for the applicant to satisfy: signature on the soil erosion plan, confirmation the limit of disturbance remains under the Soil Conservation District threshold (5,000 square feet), septic expansion approval, and compliance with ADU conditions (single ADU per lot, square-footage limits, setback and same-driveway access). Parker told the board the project will remove about 415 square feet of a former driveway and provide plantings as a buffer to the adjacent lot.
After public comment was closed (no members of the public spoke), a member moved to approve the conditional-use site plan as presented and subject to the conditions discussed and staff reports; the motion was seconded and passed on roll call with the vote recorded as ayes and two members previously recused. The board instructed staff to record the resolution and the related notice per customary practice.
The board’s approval means the applicant may proceed once the stated conditions have been satisfied and the required permits and Board of Health approvals are in place. The township’s permit and recording steps remain prerequisites to occupancy.
