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.  he 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

2nd and 4th Thursday of every month; 7:30 pm, via Zoom (due to COVID).

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
  • John Sincaglia
    Term expires: December 31, 2024
  • John Sylvester
    Term expires: December 31, 2026
  • Alternates

    • Danielle West - Alternate Number 1
      Term expires: December 31, 2024
    • OPEN, 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

TO JOIN A LIVE MEETING:

  1. 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).
  2. If you are joining from a desktop or laptop computer with a web browser, open https://zoom.us/j/3575747364 --You may need to DOWNLOAD & RUN ZOOM first Meeting ID: 357-574-7364. Password: 360071
  3. You may join the meeting using AUDIO or AUDIO & VIDEO.
  4. If only joining audio by phone, call: 1-929-205-6099, then provide
     meeting ID: 357-574-7364#

Members of the public are invited to watch the meeting and participate (optional) using Zoom. Your microphone will be off (muted) by the host of the meeting. If you wish to participate in the public comment portion of the meeting, you must follow the instructions below:

  1. Controls appear at the bottom of the Zoom window. Use the “chat” function to send a typewritten message to the “host” of the meeting which should include only a) your first and last name and b) your home address.
  2. When you hear your name announced during the public comment portion of the meeting, you may address the Board with your objections or comments.
  3. When you are finished speaking, your microphone will be muted to allow others an opportunity to speak.

Members of the public who lack the ability to access the meeting or need assistance may contact Connie Valenti, Board Secretary, at 908-464-2700, Ext. 2124 or 908-963-3454 (cell) or by email at cvalenti@bhtwp.com. 

Recorded Meetings

Some Board of Adjustment meetings are recorded. Those meetings are available below and on the Township YouTube channel. 

October 22, 2020 Meeting:


September 24, 2020 Meeting:


August 27, 2020 Meeting: