Public hearing for variance on nonconforming multi-family residential use in Hackettstown.

MEMORIALIZING RESOLUTION OF THE LAND USE
BOARD OF THE TOWN OF HACKETTSTOWN CERTIFYING
THAT A CERTAIN NONCONFORMING USE EXISTED
BEFORE THE ADOPTION OF THE ORDINANCE RENDERING
SAID USE NONCONFORMING AS WELL AS VARIANCE FOR EXPANSION OF SAID PRIOR NONCONFORMING USE
 
113 VALLEY VIEW LLC (BHATTACHARYA)
 
LAND USE BOARD
 
TOWN OF HACKETTSTOWN
 
APPLICATION # 26-04
 
RESOLUTION #R26-04
 
WHEREAS, 113 Valley View LLC, by managing member and owner, Animesh Bhattacharya, of 6 Jennies Lane, Hackettstown, NJ, (hereinafter known as the "Applicant"), filed an application with the Land Use Board of the Town of Hackettstown pertaining to a corner site known commonly as both 301 Harvey St. and 113 West Valley View Avenue (the “Property”) in the Town of Hackettstown; and
 
WHEREAS, the Property is otherwise known as Lot 7 in Block 33; and
 
WHEREAS, the Applicant is seeking certification from the Land Use Board (the “Board”) that a multi-family residential use consisting of two (2) separate residential units on one lot existed on the Property prior to the adoption of the zoning ordinance which rendered a multi-family use nonconforming in accordance with NJSA 40:55D-68 (Section 68); and
 
WHEREAS, the application is a bifurcated one whereby, in addition to the application under Section 68, the Applicant is requesting a D(2) Expansion of a pre-existing nonconforming use.
 
WHEREAS, the Property is otherwise known as Lot 7 in Block 33; and
 
WHEREAS, the subject property is located in the Town's R 12.5 Zoning District; and
 
WHEREAS, multi-family residential dwellings located on one lot are prohibited in the Town's R 12.5 Zone; and
 
WHEREAS, the Board considered the application and held a public hearing thereon on March 24, 2026; and
 
WHEREAS, the aforementioned public hearing, which was held at an open public meeting, was 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, 113 Valley View LLC, represented by Animesh Bhattacharya, 113 West Valley View Avenue, Hackettstown, NJ, was sworn in by Board Attorney Zakin to testify as a fact witness.
 
WHEREAS, the following documents were submitted by the Applicant:
1. Completed Town Development Application
2. Correspondence from Hackettstown Tax Collector Patricia Noll, certifying that property taxes are current dated May 1, 2026
3. Property Deed of Transfer dated January 14, 2026
4. Property Deed of Transfer dated November 25, 2007
5. Water bill, 1964 two family, HMUA
6. Phone Directory, 1951
7. Floor plan schematic – 2 unit, 1st floor – 1 bedroom; 2nd floor – 1 bedroom, dated January, 2026; and
 
WHEREAS, the 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 Board/Town staff:
1. Mr. Selvaggi introduced Animesh Bhattacharya, managing member of Applicant entity, 113 Valley View LLC, located at 113 West Valley View Avenue, Hackettstown, NJ, who was sworn in to testify as a fact witness to the following:
a. The first-floor unit is currently listed as a one-bedroom but contains an additional room intended to be formally recognized as a bedroom.
b. The second-floor unit is currently a two-bedroom but includes a large living space that will be reconfigured into an additional bedroom.
c. The proposal would result in two (2) bedrooms on the first floor and three (3) bedrooms on the second floor.
d. The changes reflect the actual use of the property and are intended to properly document and market the units.
e. The Applicant confirmed that closets would be provided where necessary in each bedroom.
f. The Applicant confirmed that permits were secured and that improvements would be completed in compliance with applicable codes.
g. Testimony indicated that adequate parking is available on-site, including garage and driveway space sufficient to accommodate the required number of vehicles.
h. It was further confirmed that each of the units has a separate mailing address: 1. 301 Harvey Street and 2. 113 West Valley View Avenue.
2. The subject property is within the Town's R 12.5 Zoning District.
3. Documentation from a 1951 phone book confirms that the property has historically functioned as a two-family dwelling since prior to 1965.
4. Documentation from the HMUA exhibits a water bill from 1964 confirming that the property has historically functioned as a two-family dwelling since prior to 1965.
5. The Board clarified that the dwelling currently consists of a one bedroom unit on the first floor and a two bedroom unit on the second floor.
6. Mr. Selvaggi introduced Alexander McClean, AICP, PP, Forum Planning, 137 Heckel Street, Belleville, NJ, who was sworn in and qualified by the Board to testify as a Professional Planner.
7. Mr. McClean testified that the application for D(2) variance relief advances several purposes of the Municipal Land Use Law, including:
a. Purpose A – To promote the public health, safety, morals, and general welfare, by providing appropriate housing opportunities and recognizing the existing residential use of the property.
b. Purpose C – To provide adequate light, air, and open space, as the additional bedrooms are being created within the existing structure without altering building coverage or site conditions.
c. Purpose G – To provide sufficient space in appropriate locations for a variety of uses, including residential housing, by accommodating additional bedrooms within an existing two-family dwelling.
d. Purpose I – To promote a desirable visual environment through creative development techniques and good civic design, as no exterior changes are proposed and the existing streetscape will remain unaffected.
e. Purpose M – To encourage the efficient use of land, by making full and appropriate use of the existing structure without expansion of the building footprint.
8. Mr. McClean further testified that:
a. The property has historically functioned as a two-family dwelling with no evidence of negative impacts on the surrounding neighborhood.
b. The proposed changes will not create any substantial detriment to the public good.
c. The application will not substantially impair the intent or purpose of the zone plan or zoning ordinance.
d. Adequate parking is available to support the proposed number of bedrooms.
9. Mr. McClean concluded that the application satisfies both the positive and negative criteria required for D(2) variance relief.
10. The Board likewise takes judicial notice that prior to the July 22, 1968 Ordinance, multi-family dwellings were permitted in the R 12.5 Zone.
11. The Board finds that prior to 1968 the Property contained a multi family residence in the form of two single-family units located in one structure on one lot prior to the adoption of the July 22, 1968 ordinance prohibiting multi-family dwellings.
12. The Board finds and concludes that the Property contained a multi family residence in the form of two single-family units located in one structure on one lot that has continued as such to the present day without interruption since the adoption of the July 22, 1968 ordinance prohibiting multi-family dwellings.
13. The Board further finds and concludes that the Applicant requests that the Property shall receive Section 68 Certification as a ‘Legal nonconforming' property.
 
NOW THEREFORE BE IT RESOLVED by the Land Use Board of the Town of Hackettstown on this 24th day of March 2026, that it is hereby certified that a two-family residence existed on the Property prior to the adoption of the ordinance which rendered said uses nonconforming, and to allow an expansion of said nonconforming uses as described herein
BE IT FURTHER RESOLVED that the Board deems the Property to be a two-family residential dwelling, and further deems such use to be a preexisting nonconforming use on the Property and that the expansion of such pre-existing nonconforming uses conforms with the master plan and the zone and will not create a substantial detriment to the public good nor will it impair the intent and / or purpose of the zone plan and the zoning ordinance, subject to the Applicant, 113 Valley View LLC, paying all fees, assessments, escrows, and other monies due to the Town of Hackettstown and the Applicant obtaining all necessary governmental approvals or waivers thereof from any other governmental agencies with jurisdiction.
BE IT FURTHER RESOLVED that by making its findings of fact and conclusions of law, the Board confers upon the Applicant all of the rights and privileges afforded by NJSA 40:55D-68: “Any nonconforming use or structure existing at the time of the passage of an ordinance may be continued upon the lot or in the structure so occupied and any such structure may be restored or repaired in the event of partial destruction thereof.”
 
Motion to Approve: Mr. Moore
Motion to Second: Mr. Stout
 
Roll Call Vote:
 
Those in Favor: Moore, Stout, Camporini, Stead, Anthony, Graf, DeAngelis, Gaertner
 
Those Opposed: None
Those Abstained: Lambo, Wolfrum
 
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 28th of April, 2026.
 
         X Mary Matusewicz
         Mary Matusewicz, Clerk
         Hackettstown Land Use Board
May 3, 2026  ($124.62)