Zoning Board of Adjustment

The Zoning Board of Adjustment is a quasi-judicial body that hears appeals of zoning officer decisions, interprets the zoning and land use ordinances, and hears applications for development involving either bulk (dimensional) variances or use variances, or both. Variances are deviations or exceptions from the requirements of the Zoning Ordinance.

The land use application process in New Jersey is governed by the Municipal Land Use Law, N.J.S.A. 40:55D-1, eq seq. (“MLUL”). Under the MLUL, a developer files an application with the Township. Generally, applications for permitted uses go before the Planning Board, and applications for non-permitted uses go before the Zoning Board of Adjustment. The MLUL provides the municipality with 45 days to determine if an application is complete, and then 95 days for the appropriate Board to render a decision on the application (absent any extension from the applicant) once the application is deemed complete. The Berkeley Heights Technical Review Committee (“TRC”) must deem an application complete before it can go to the appropriate Board. A finding of completeness by the TRC does not constitute an endorsement of the application by the Township or the TRC, rather it is a finding that the required application documents have been submitted.

Once the application is before the Board, there is an opportunity for public comment. Under the MLUL, all public comments must be made in-person (or through Zoom if the Board permits virtual public participation) at the Board hearing. Boards are not permitted to accept written comments or objections into the record. The Land Use Administrator and other municipal employees cannot accept written comments or objections. Likewise, Boards are not permitted to accept petitions. If any person seeks to comment on an application, they must attend the Board meeting to do so.

Meetings

Generally on the 4th Thursday of every month at 7:30 PM at Town Hall.

Meetings will be held in person and live-streamed via ZOOM (scroll down for ZOOM instructions).

Members of the public who wish to comment or actively participate in the meetings must be present in person at Town Hall.

Agendas & Minutes

Agendas are available prior to the meetings. Minutes are available following approval.

View Most Recent Agendas and Minutes

Applications

For more information and applications being considered, please visit the Current / Pending Applications page.

Members

No member of the Zoning Board of Adjustment may hold any elective office or position under the municipality. The term is four years for regular members and two years for alternate members.

Ray Sullivan, Chairman
Term expires: December 31, 2026
Robert Pereda
Term expires: December 31, 2025
Amanda Wolfe, Board Attorney
Term expires: December 31, 2023
Robert Delia
Term expires: December 31, 2025
Michael Coviello, Vice Chairman
Term expires: December 31, 2023
Joseph Ringwood
Term expires December 31, 2024
TBA
Term expires: December 31, 2024
John Sylvester
Term expires: December 31, 2026

Alternates

Danielle West - Alternate Number 1
Term expires: December 31, 2024
Brian Deegan, Alternate Number 2
Term expires: December 31, 2023

Apply to Become a Board Volunteer

Submit an application to become a volunteer on the Zoning Board of Adjustment.

The Township welcomes and encourages residents who have specific experience applicable to each Committee, Board and Commission to apply for available positions. Please note that there are only a few volunteer opportunities available each year as there are staggered terms for members of each Committee, Board and Commission. However, some committees are always in need of extra volunteers for various events throughout the year.

Volunteer Application

ZOOM Instructions

Residents can watch the Zoning Board of Adjustment meetings via Zoom, but must attend in person to participate.

If you are joining from a smartphone or tablet, install the ZOOM app using the App Store and join meeting number 357-574-7364 (and Password: 360071).
If you are joining from a desktop or laptop computer with a web browser, open the Zoom meeting - You may need to download and run ZOOM first.
Meeting ID: 357-574-7364. Password: 360071
If only joining audio by phone, call: 1-929-205-6099, then provide meeting ID: 357-574-7364#

Members of the public who lack the ability to access the meeting or need assistance may email Connie Valenti, Board Secretary, or call her at 908-464-2700, ext. 2124 or 908-963-3454 (cell).