Borough of Fair Lawn Zoning Board of Adjustment Decisions Rendered at the Regular Meeting of November 25, 2024
Residential Applications Approved:
57 Pomona Avenue, Block 6803, Lot 5, Zone R-1-3 Proposal is to demolish the existing one family dwelling and construct a new dwelling. Request for a mother/daughter dwelling. - Approved.
12-12 Fairclough Place, Block 4602, Lot 17, Zone R-1-3 Proposed expansion of the existing roof over the existing front steps – Approved.
Residential Applications Carried:
14-20 11th Street, Block 5706, Lot 6, Zone R-1-3 Property is listed on the tax records as a two-family since 1987. Property is located within the R-1-3 Single family residential zone. Building permits on file for 1950, 1961, and 1980 have it noted as a one family. There is no record of a Certificate of Occupancy when this house was built. Official Zoning map from 1954 shows property was located within an R-1-3 zone. There is no record of a Certificate certifying that the use as a two- family existed before the adoption of the ordinance in 1954 which rendered the use nonconforming. Our records do not indicate any variance being granted for this dwelling to be used as a two-Family. A use variance is being requested to continue the use as a two family. D-1 Use Variance required as per Borough Ordinance 125-57D(1)(d)(1) Other variances and waivers may be required for this Application. APPLICATION CARRIED TO FEBRUARY 24, 2025. NO FURTHER NOTICE REQUIRED.
11-01 Malcolm Terrace, Block 2526, Lot 11, Zone R-1-2 Proposed addition. Maintain the existing side yard setback of 6.52’ and 6.66’ where 10’ is required. Maintain the existing front yard setback of 24.8’ where 30’ is required. Maintain existing impervious coverage of 46.9% where 35% is permitted as per Borough Ordinance 125-12 Schedule of area yard and building requirements. Increase FAR from 36% to 49% where 40% is permitted requires a D-4 Variance as per Borough Ordinance 125-57D(1)[d][1] Building height increased from 21.5’ to 30.8’ where 30’ is permitted requires a D-6 height variance as per Borough Ordinance 125-57 D (1) [d] [1] Other variances and waivers may be required for this Application. APPLICATION CARRIED TO DECEMBER 16, 2024 NO FURTHER NOTICE REQUIRED. Carried Commercial Application:
0-82 Midland Ave & 22-02 thru 22-18 Broadway. Block 3226.01, Lots 26.01, 20, 25, 34, 35 & 36. Zone B-2. Broadway Medical, 22-02 to 22-18 Broadway (26.01), 0-82 Midland Avenue (20), 0-102 Midland Avenue (25), 0-93 Whitehall Street (34), 0-89 Whitehall street (35) 0-83 Whitehall Street (36) Property is a split zone B-2 General Business and R-1-3 Single family residential. Consolidate lots 25, 34, 35 and 36 with existing lot 26.01 to provide parking to support the existing medical facility. Subdivision of lot 20 for portion to be used as existing medical parking lot. Leaving the existing single family dwelling on proposed lot 20.01 and include the remaining portion of the subdivision to be included into existing lot 26.01. Proposal to enclose the existing grade parking area located underneath the existing medical building to be utilized as medical office space. Applicant also seeks associated site improvements, reconfiguration of the onsite parking, improvements to circulation installation of 15 EV spaces, ADA accessibility. Deck coverage for proposed lot 20.01 and fence height. Amended site plan, Major subdivision, Bulk variances and use variance approval. As per Borough Ordinance 125-57 D(1)(d)(1), 125-57D(1(d)(2), 125-65, 125-66, 125-38 and 125-12. Other variances and waivers may be required for this Application. APPLICATION CARRIED TO DECEMBER 16, 2024. NO FURTHER NOTICE REQUIRED.
Resolutions Memorialized:
6-Foot Fence-Denial. -Approved
Proposed Patio & Walkway-Approved.
Proposed roof over existing platform –Approved
Minutes Approved: October 21, 2024 & October 28, 2024
Next Scheduled Meeting: December 16, 2024 Time: 7:00 p.m.
Via Zoom Programming Council Chambers 8-01 Fair Lawn Avenue Richard Bolan, Construction Official/ Zoning Officer |
Public Notice:
Borough of Fair Lawn Zoning Board of Adjustment Regular Meeting of December 16, 2024 @ 7:00 p.m. (Virtual)
PLEASE BE ADVISED that in accordance with the provisions of the Open Public Meetings Act P.L. 1975 Chapter 231, due to the COVID-19 pandemic, the Zoning Board of the Borough of Fair Lawn will hold a Regular meeting on December 16, 2024 online via "Zoom." Members of the public who wish to participate may do so by joining online or over the phone at 7:00 p.m. as noted below. All submissions of the Applicant and Board Professionals are available on the Borough Website on the Zoning Board link(s) Anyone who wishes to submit pictures etc. for the Boards consideration must submit it to the Zoning Department to be forwarded to the Board Attorney prior to the meeting. Formal action may be taken:
Asst. Zoning Officer Ann Peck will be available during the meeting at the Borough Phone #201-794-5308 for any problems or information. All Applications and materials are and have been available at Borough Hall for inspection or production if so requested. Files can be accessed at Fair Lawn.org/Department & Services/Documents Center. Asst. Zoning Officer Ann Peck will be available during the meeting at the Borough Phone #201-794-5308 for any problems or information. All Applications and materials are and have been available at Borough Hall for inspection or production if so requested. Files can be accessed at Fair Lawn.org/Department & Services/Documents Center. |
PLEASE NOTE:
The Fair Lawn Zoning Board will not accept petitions in support of, or objecting to, any application. Residents are encouraged to attend our open public meetings to ask questions and testify with respect to pending applications at the appropriate time. Petitions are not legally permitted, and if allowed the decision of the Board could be reversed in court. As stated in Lincoln Heights Ass'n v. Twp. of Cranford Plan. Bd., 314 N.J. Super. 366, 377, 714 A.2d 995, 1000 (Law. Div. 1998), aff'd, 321 N.J. Super. 355, 729 A.2d 50 (App. Div. 1999):
“The law concerning receipt of unsworn written petitions by municipal boards is well-defined in New Jersey. In short, the law provides that hearings on site plan and variance applications before municipal boards are quasi-judicial proceedings, and as such, the boards may consider only sworn, competent, credible testimony of individuals who are available for cross-examination. Seibert v. Dover Township Board of Adjustment, 174 N.J.Super. 548, 417 A.2d 72 (Law Div.1980); Exxon v. Bernardsville Board of Adjustment, 196 N.J.Super. 183, 481 A.2d 1172 (Law Div.1984); Cranford Land Development Ordinance, Sec. 136-4I(2). In both Seibert and Exxon, the courts reversed the boards decisions because the board admitted unsworn written petitions into evidence in violation of the public's right to cross-examine the petitioners, determine their credibility and test the merits of their objections. In those cases, the courts were also persuaded to reverse the boards' conclusions because they were otherwise unsupported by substantial credible evidence.”
Borough of Fair Lawn
2024 Meeting Schedule
Zoning Board of Adjustment
January 22, 2024 (reorganization) in person
February 20, 2024 special- virtual
February 26, 2024 – Reg- virtual
March 18, 2024 special – in person
March 25, 2024 – Reg – virtual
April 15, 2024- 5:30 pm special virtual
April 15, 2024 – Reg – virtual
April 29, 2024 special – virtual
May 7, 2024 special- virtual
May 20, 2024 – Reg – virtual
June 17, 2024 Reg virtual
June 24, 2024 – Reg- canceled
-changed to June 17, 2024
July 22, 2024 5:30 pm special - virtual
July 22, 2024– Reg
August 26, 2024 – Reg
September 17, 2024 special in person
September 23, 2024 – Reg
October 17, 2024 special -virtual
October 28, 2024 – Reg
November 18, 2024 special virtual
November 25, 2024 - Reg
December 16, 2024- Reg
Board Approved
November 27, 2023
1st David Tratner
2nd Moshe Berow
Zoning Board Minutes
Archived Zoning Board minutes are in PDF format. Minutes will be posted for maximum of 6 months. You may obtain copies of the minutes by calling (201) 703-4255. Meeting minutes are also available online.