MEMORIALIZING RESOLUTION OF THE LAND USE BOARD OF THE TOWN OF HACKETTSTOWN APPROVING SECTION 36 AND BULK VARIANCES FOR THE APPLICATION OF SCOOTER’S SALVAGE LLC LAND USE BOARD TOWN OF HACKETTSTOWN APPLICATION # 25-13 RESOLUTION # R25-13   WHEREAS, SCOOTER’S SALVAGE LLC (hereinafter known as the "Applicant"), filed an application with the Land Use Board of the Town of Hackettstown pertaining a minor site plan, for Block 119 Lot 11.01 as shown on the Tax Map of the Town of Hackettstown (the “Property”) in the Town of Hackettstown for Section 36 and Bulk Variance approval; and WHEREAS, the Applicant owns a single family home on the Property located at 9 Birch Road, Hackettstown, NJ, which he plans on renovating; it is an existing structure on the Property; and WHEREAS, the Applicant wishes to use the Property, once renovated, as a personal residence; and WHEREAS, the Property does not abut a public street; therefore, the Applicant is requesting a Section 36 variance approval in accordance with the Municipal Land Use Law (MLUL); and WHEREAS, Section 36 variance approval requires that the Applicant demonstrate adequate access for emergency vehicles for first responders like fire trucks and ambulances, and that it will not inhibit safe and efficient traffic flow in the area; and WHEREAS, the Applicant’s single family home is located in the R-30 Zone District; and WHEREAS, the Board considered the Applicant's request to approve Section 36 and Bulk Variances for the renovation of an existing structure on Lot 11.01 in Block 119, at a meeting held on December 16, 2025 at the Hackettstown Municipal Building, 215 Stiger Street, Hackettstown, New Jersey 07840; and WHEREAS, the aforesaid public hearing, which was held at an open public meeting, was properly noticed, advertised, and held in accordance with the Open Public Meetings Act; and WHEREAS, the Applicant and the public were afforded the opportunity to be heard concerning the application; and WHEREAS, the Applicant was represented at the public hearings by Michael Selvaggi, Esquire, Lavery, Selvaggi, & Cohen, PC, Hackettstown, NJ; and WHEREAS, Applicant’s Attorney Mr. Selvaggi introduced David Rode, owner of Scooter’s Salvage, LLC, 9 Birch Road, Hackettstown, NJ, who was sworn in by Board Attorney Zakin, to testify as a fact witness in support of his application; and WHEREAS, The Board Planner, Daniel Bloch, PP, AICP, EADA of Colliers Engineering & Design, submitted a Planning Review dated December 15, 2025; and WHEREAS, The Board Engineer Adam Wisniewski, PE, CME, CFM of Colliers Engineering & Design, submitted a Completeness Review dated November 21, 2025; and WHEREAS, Mr. Selvaggi introduced William Moran, PE, PP, Golden & Moran Engineering, LLC, Mahwah, NJ who was sworn in and was qualified as an expert in civil engineering and planning, and provided sworn testimony on behalf of the application; and WHEREAS, the Applicant submitted the following documents, plans, and reports: 1. Completed Town Land Development Application Package including: 1. Completed Town of Hackettstown Development Application Form, dated October 23, 2025; 2. Variance Checklist dated October 22, 2025; 3. Owner’s Letter of Consent, signed by the owner, dated September 17, 2025; 4. 10% Ownership Disclosure Statement; 5. Site Inspection Authorization, signed by applicant, dated September 17, 2025; 6. Highlands Exemption Determination Application, dated October 23, 2025. 2. Memorandum from David J. Diehl, Zoning Official, to Michael Selvaggi, Esq., dated September 9, 2025, responding to email request for variance relief, dated September 8, 2025. (Referenced letter from Thomas K. Thorp dated May 14, 2004.) 3. CWFG Commitment for Title Insurance. 4. Copy of Deeds: 1. Joseph F. Paddock and Ruth L. Paddock to James B. Gilligan and Catherine, his wife, dated 9/ 4/1958. 2. Catherine Gilligan to Shri Properties LLC, dated 5/17/24. 3. Shri Properties LLC to Scooter’s Salvage LLC, dated 10/7/24. 5. Variance Plan entitled “Section 36 Variance Plan Tax Lot 11.01 Block 119 A.K.A. 9 Birch Road Town of Hackettstown, Warren County, New Jersey, consisting of one sheet, prepared by Joseph Golden, P.E., PP of Golden & Moran Engineering, LLC Planning and Design, dated 10/23/2025. 6. Boundary Survey and Topography of Tax Lot 11.01, Block 119, A.K.A. 9 Birch Road, Town of Hackettstown, Warren County, New Jersey, consisting of one sheet, prepared by Robert L. Cigol, NJPLS of DMC Associates, Inc., dated 11/5/2024. WHEREAS, the Land Use Board does hereby make the following findings of fact and conclusions of law based upon the testimony and documentary evidence produced by the Applicant and the Land Use Board staff: 1. The Applicant is requesting Section 36 and Bulk Variance approval. 2. Mr. Selvaggi introduced William Moran, PE, PP, Golden & Moran Engineering, LLC, 24 Franklin Street, Mahwah, NJ, who was sworn in by Board Attorney Zakin and qualified by the Board to testify as a professional Engineer and Planner. Mr. Moran testified to the following: a. The property is located in the Rustic Knolls development at the end of Birch Road, which includes a 20 foot private right of way b. A paper street abuts the property. c. The lot consists of 10,170 square feet, and the lot frontage is 125 feet. d. The existing house is a two bedroom home. e. The existing deck will be demolished and replaced with a larger 8 x 32 foot deck. f. There is no public water or sewer to the home. g. By adding the deck there will be an increase of lot coverage totaling 25.9%. h. The deck will be constructed of wood and will be at the same elevation as the first floor. i. Stormwater will run through the deck boards to a gravel area under the deck. j. A C-1 Variance is being requested because of the undersized lot. k. The lot is located on a dead-end road. l. There will be no electricity running onto the deck. m. The house is a one-story structure with no basement. n. Landscaping will be installed to provide privacy to the neighbors. o. The property is currently being renovated after being unoccupied for approximately 30 years. p. The square footage of the house is currently 550 square feet. 3. The Applicant, Mr. Rode of Scooters Salvage, LLC, testified to the following: a. In answer to a question by Board Chairperson Camporini, Mr. Rode stated the shed located in the back corner of the property is in the conservation easement; it was his neighbor’s shed and has since been relocated. b. In response to a question by Board Attorney Zakin, Mr. Rode testified that he is the sole owner of Scooter’s Salvage, LLC and that he has no plans for any business to be conducted on the property. c. Mr. Rode testified that Scooter Salvage, LLC is an entity that Mr. Rode uses for his hobby, and it is not for an income producing business. d. Baord attorney Zakin also requested an updated statement that tax payments on the Property are current as a condition of approval, and Mr. Rode agreed to the same. e. Mr. Rode also testified that a septic system will be installed during the summer of 2026. 4. Chairperson Camporini asked if anyone from the public had any questions at this time. a. Gregory Heller, 5 Carriage Road, Hackettstown, inquired about the plans being up to date. i. Mr. Moran testified that the plans were prepared in 2024 and the survey is not up to date. The plans presented do not show the current amount of crushed gravel around the property. ii. Mr. Heller inquired whether the existing gravel around the property is considered impervious coverage, as well as if two storage sheds on the property would be included in the lot coverage calculation. iii. Board Planner Bloch indicated that the stone gravel and the sheds would be included in the lot coverage calculation. iv. Mr. Rode testified that there is currently a 5 x 12 foot ice shack on skis in the corner of the property that holds tools and equipment, and a 7 x 20 foot enclosed trailer on wheels that holds two motorcycles, tools and equipment, which will remain on the property while under construction but will be removed once construction is complete; and a 7 x 14 open utility trailer, which will be parked on the northwest side of the house and will remain on the property. 5. Gregory Heller, 5 Carriage Road, Hackettstown was sworn in by Board Attorney Zakin to provide public testimony: a. Mr. Heller presented pictures of Mr. Rode’s current property conditions, taken within the week of December 16, 2025, which were marked as follows: i. Exhibit P1, dated December 16, 2025 entitled Condition of Property ii. Exhibit P2, dated December 16, 2025 entitled Condition of Property iii. Exhibit P3, dated December 16, 2025 entitled Condition of Property iv. Exhibit P4, dated December 16, 2025 entitled White Temporary Shed with Wood Buring Stone (back right in P4 photographic evidence) v. Exhibit P5 dated December 16, 2025 entitled Gate Blocking Birch Road (Per Section 36 application) b. Mr. Heller addressed the exhibits that he presented to the Board and explained they show a wood pile located in the rear of the property, a shed with a wood burning stove, which has been on the property for several months and has not moved, and a gate that was installed on the private road preventing emergency vehicles from accessing the property. c. Mr. Heller testified that he believes that the Property is being used by the Applicant as a campground. d. Mr. Heller testified that the Applicant Mr. Rode has cut down surrounding trees without permission and that his property value is being impacted by Mr. Rode’s property. 6. Nancy Joyce Simmons, 5 Birch Road, Hackettstown was sworn in by Board Attorney Zakin to provide public testimony: a. There are trailers and sheds that have been on the Property for over one year, and every tree on the property has been cut down. b. Mr. Rode removed her fence and cut several trees on her property, and removed 20 feet worth of brush on her property. c. Mr. Rode pushed trees and brush to the edge of his property creating a fire hazard. 7. In response to the Board and public comments, Applicant’s attorney Selvaggi asked Mr. Rode if the following would be agreeable: a. Remove additional gravel to reflect only the gravel showing in the presented plans and the submitted survey, prepared by DMC Associates, Inc., dated 11/15/2024. b. Remove the enclosed 7 x 20 foot trailer prior to a C of O being issued by the Town. c. The ice shack will be moved onto the gravel, in accordance with “a”, above. d. Return the property lot coverage conditions to what is presented on the submitted survey, referenced in “a”, above. Final lot coverage to be 25.9% as presented on the variance plan. e. Replant trees along the perimeter of the property, including both evergreen and deciduous varieties, to the satisfaction of the Board Engineer and the Board Planner. 8. Mr. Rode testified that: a. He is in agreement with those conditions suggested by Mr. Selvaggi. b. He is anticipating the renovations to be complete to obtain a C of O within two years. c. He testified that the additional gravel on the property will be removed once the ground thaws. 9. Mr. Selvaggi testified that: a. The Applicant agrees that the gate on Birch Road is to be removed. b. The Applicant agrees that maximum lot coverage will be 25.9%. c. The Applicant agrees that the condition of the property in regard to impervious surface will be brought back to what was presented on the submitted survey dated November 15, 2024. d. The excess gravel will be redistributed within Mr. Rode’s property lines to comply with impervious surface conditions. e. The Applicant agrees with Board Planner Bloch’s recommendation of a landscaping plan along the southerly property line, adjacent from the conservation easement, shall be submitted to the Board Planner and Engineer for their review as a condition of approval prior to a C of O being issued. 10. The Board finds and concludes that granting the bulk variances will not substantially impair the intent and purpose of the zone plan and zoning ordinance, as the proposed use is permitted in the zone and is therefore consistent with the Master Plan. 11. The Board finds that the application promotes efficient use of the land while it promotes the general welfare and well-being. 12. The Board finds that the benefits of bulk variances sought substantially outweigh any detriment. 13. The Board finds that granting the bulk variances sought will not substantially impair the intent and purpose of the zone plan and zoning ordinance. 14. The Board finds and concludes that the subject application is in conformance with the MLUL and the zone, and that the proposed Section 36 and Bulk variances will create a net benefit to the community. 15. The Board finds and concludes that the proposed application will provide a public benefit to the community. 16. The Board finds and concludes that the Applicant has demonstrated good cause to receive an Approval.   NOW THEREFORE, BE IT RESOLVED by the Land Use Board of the Town of Hackettstown on this 27th day of January, 2026, that the application of Scooter’s Salvage, LLC, owned by David Rode, 9 Birch Road, known as Block 119, Lot 11.01 as shown on the Tax Map of the Town of Hackettstown (the “Property”) for Section 36 and C-1 Bulk Variance approval is hereby approved, subject to the following conditions: a. The Applicant agrees that the gate on Birch Road is to be removed. b. The Applicant agrees that maximum lot coverage will be 25.9%. c. The Applicant agrees that the condition of the property in regard to impervious surface will be brought back to what was presented on the submitted survey by DMC Associates, Inc., dated November 15, 2024. d. The excess gravel will be redistributed within Mr. Rode’s property lines to comply with impervious surface conditions. e. The Applicant agrees with Board Planner Bloch’s recommendation of a landscaping plan along the southerly property line, adjacent from the conservation easement, being submitted to the Board Planner and Engineer for their review as a condition of approval prior to a C of O being issued. f. Renovations are to be commenced within two years of approval. g. An updated statement that tax payments on the Property are current as a condition of approval h. The payment of all real estate taxes due. i. All fees, assessments, escrows, real estate taxes, and other monies due to the Town of Hackettstown shall be paid in full.   Motion to Approve: Mr. Moore Motion to Second: Mr. Lambo Roll Call Vote: Those in Favor: Moore, Lambo, Wolfrum, Stead, Anthony, Graf, Medcraft, DeAngelis, Gaertner   Those Opposed: None Those Abstained: Stout   I hereby certify that the above is a true copy of a Resolution adopted by the Land Use Board of the Town of Hackettstown at its regular meeting of January 27, 2026.              X_______________            Mary Matusewicz, Clerk,             Hackettstown Land Use Board Feb 6, 2026  ($187.24)