LEGAL NOTICE: RESOLUTION OF THE
NORTH BRUNSWICK TOWNSHIP BOARD OF ADJUSTMENT MIDDLESEX COUNTY, NEW JERSEY
RESOLUTION OF THE
NORTH BRUNSWICK TOWNSHIP BOARD OF ADJUSTMENT MIDDLESEX COUNTY, NEW JERSEY
Saniav Bharadwaj Block 227, Lot 3.13
17 Peppermint Hill Road
WHEREAS, Sanjay Bharadwaj (the "Applicant") has applied to the North Brunswick Township Board of Adjustment for the installation of a new 791 square foot detached deck in the rear yard which constitutes an accessory structure on property located on 17 Peppermint Hill Road, Block 227, Lot 3.13 on the North Brunswick Township Tax Map, (the "Application"); and
WHEREAS, a public hearing was held on said Application by the Board of Adjustment on August 19, 2025 and the public was given the opportunity to be heard: and
WHEREAS, the Applicant published a proper newspaper hearing
notice of the hearing and notified the Property owners within 200 feet of the subject Property of the Board's scheduled hearing pursuant to N.J.S.A. 40:55D-12: and
WHEREAS, the Board, after carefully considering the evidence
presented to it by the Applicant, the Applicant and the documents filed by the Applicant, and the comments of the appropriate township officials and agencies, has made the following findings of facts:
Findings and Conclusions
1. The Property is located at 17 Peppermint Hill Road. The property is approximately 15,003 square feet and is located in the R-2 Residential Zoning District. The Property is currently owned by and used by Sanjay Bharadwaj for residential purposes.
2. The Applicant appeared pro se and testified on his own
behalf.
3. The Applicant has submitted, and the Board has relied upon:
a) Township of North Brunswick Variance Application.
b) Architectural Drawing prepared by HD 13 Design dated, November 11, 2024
4. In addition, the Board heard the testimony of the Zoning Officer, Sal Profaci and received the report dated March 4, 2025 and heard the testimony of the Applicant, Sanjay Bhardwaj.
5. Bulk variance relief is required an accessory structure (deck) encroaching into the rear and side yard setback (5' minimum; 3' proposed), existing shed encroaching into the rear and side yard setbacks (5' minimum' 3.2' and 2.3' proposed respectively and existing deck encroaching into rear yard setback (5' minimum;1.6' existing).
6. The Applicant indicated that the new deck is necessary for
entertaining his large extended family which is located 2' above in an in-
ground pool. Moreover, no drainage issues will arise as swale is located
behind said new deck.
7. The Applicant agreed as a condition of approval to comply with the Zoning Officer's report of March 4, 2025 except to the limited extent modified herein.
8. No individuals testified during the public portion of the
hearing.
WHEREAS, the Board has made the following ultimate findings and
conclusions based upon the foregoing findings and fact:
A. The Board finds from the testimony presented, subject
to the conditions agreed upon by the Applicant and those imposed by the Board, that the proposed plan is in substantial compliance with the applicable Township Ordinances, and advances sound land use principals and
grants bulk use variance approval for fence in front yard area and setback and the Board adopts the Applicants' testimony.
WHEREAS, at the conclusion of the hearing on August 19, 2025, the
Board has taken action by voting on said Application in accordance with
N.J.S.A. 40:55D-10(g) of the Municipal Land Use Law and has directed that a resolution memorializing such action be prepared.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Adjustment on August 19, 2025 on the basis of the evidence presented to it, the foregoing findings of fact and ultimate findings and conclusions, that the Board does hereby grant bulk variance approval applied for by the Applicant; subject to the following conditions:
1. Any and all fees properly due and owing the Municipal Board of Adjustment for hearing the Application must be paid in advance of building permits being issued.
2. Applicant shall comply with representations and agreements as well as all Township Staff reports except as otherwise indicated in this Resolution.
3. All conditions contained in this Resolution and in the record of the proceedings in this matter, including any agreements made by the Applicant, were essential to the Board's decision to grant the approvals set forth herein. A breach of any such condition or a failure by the Applicants to adhere to the terms of any agreement within the time required may result in the automatic revocation of the within.
The foregoing Resolution was Offered by: Mr. Policastro Seconded by: Mr. Almeida
and adopted by the Zoning Board of Adjustment of the Township of North Brunswick by the following vote:
AFFIRMATIVE: Almeida, Policastro, Scaturro, Mallette, Vakkalagadda and Wright.
NAYES: None
ABSTAINED: None
CERTIFICATION
The foregoing is a true copy of the Resolution adopted by the Board of Adjustment of the Township of North Brunswick at the meeting of September 30, 2025.
October 9 2025
LNYS0384402
$81.51