M s. Cipriani advised they will change the order of the agenda tonight, due to Board Member Cusano having a conflict with Birnbaum.
APPLICANT: RAFAEL FARHI (INTERPRETATION 3540) BLOCK: 20201/21003 LOT: 40/2 LOCATION: 3 BEAR TRAIL & 44 PITNEY LANE ATTORNEY: DONNA JENNINGS ZONE: R-1 ENGINEER: NEWLINES/TIM OTHY LURIE APPLICANT IS SEEKING AN INTERPRETATION OF ORDINANCE SECTION 244-6 (A) & 244-47 (B) (8) WHETHER THE PROPOSED GUEST HOUSE TO REM AIN ON BLOCK 21003 LOT 2 (44 PITNEY LANE) IS PERM ITTED ACCESSORY BUILDING, ALTERNATIVELY, IF THE GUEST HOM E IS DEEM ED AN ADDITIONAL PRINCIPAL BUILDING, THE APPLICANT SEEKS A d.(1) USE VARIANCE FOR HAVING TWO PRINCIPAL BUILDINGS ON ONE LOT IN THE R-1 ZONE. LOTS TO BE CONSOLIDATED IF APPROVED. (CARRIED FROM THE SEPTEM BER 17, 2025, M EETING) No additional notice
Donna Jennings, Esq, from the law firm of Wilentz, Goldman and Spitzer, on behalf of the applicant. The applicant is seeking minor subdivision approval and interpretation for 3 Bear Trail and 44 Pitney Lane. The applicant is seeking to demolish the single family home at 3 Bear Trail and construct a new two story single family dwelling. The existing single story home at 44 Pitney Lane will be converted into a guest/pool house. The two lots will be consolidated into one lot, approximately 2 acres. In addition to the new single family house, a swimming pool, covered cabana and perimeter fencing are proposed. The applicant is seeking interpretation of ordinance 244-6a and 244-47B8, to ask whether the guest house shall be deemed an accessory or principal building. It is the applicants' position that existing guest/pool house is an accessory building. Accessory building is defined in ordinance 244-6a as "a building that is customarily associated with and subordinate and incidental to a principal building and is located on the same lot". If the guest house is deemed a principal they will seek D1 use variance because no more than 1 principal building is permitted on a lot used for single family dwelling. They will provide the testimony of several witness1. They are in receipt of 1 review letter from Sept 9, 2025. Ms. Jennings advised that they will do the interpretation and the use variance at the same time. Yehuda Back, PE duly sworn by Bd Attorney. Mr. Back is a licensed professional engineer in NJ, NJIT Bachelor of Science and Civil Engineering. The Board accepts his credentials. Mr. Back testified the variance plan was prepared under his direction. There are 4 exhibits A1, A2, A3 and A4. Mr. Back started with A3 the existing plan, Bear Trail is on top and bottom is Pitney Lane, both are township right of way. The first lot is 3 Bear Trail Block 20201 Lot 40, it is 1 acre. This lot is currently approved with 2 story dwelling, a pool, a shed and outdoor covered area. All the existing improvements on this lot are proposed to be moved except the wooded walkway on the east side. The second lot is 44 Pitney Lane, it is 1.01 acres and has a single family dwelling and wooden deck, and all existing improvements on this lot are to remain. They are located in R1 zone and all surrounding properties are residential in nature. They are proposing to consolidate the two properties. Exhibit A1, shows the proposed new single family dwelling. The main entrance for the combined property is off Bear Trail, with a secondary access off of Pitney Lane. The site is serviced by public utility and water. Because the Pitney Lane house is to remain a variance is required for having an accessory structure in the front yard. If approved they will provide plot plan to the Zoning Board. Mr. Back acknowledged the receipt of the review letter and agreed with everything in the letter. Ms. Jennings advised this is the end of the direct testimony of this witness. Mr. Rohmeyer confirmed that they are proposing to remove shared rear lot line and there is a pool near the shared lot line and now that there is one large lot he wanted to note how the building coverage and impervious coverages are affected. For building coverage 15% is permitted, lot 40 5.3% exists and 21.6 is proposed, this would