Pompton Lakes Zoning Board Approves Homeowner's Rear Addition at 168 Hilltop Court

POMPTON LAKES, N.J. — The Pompton Lakes Zoning Board of Adjustment voted April 23 to approve an application from homeowner Evan Eagleson to add living space at 168 Hilltop Court, after board members questioned how the project would affect a steep slope behind the rear property line and the stability of an existing fence.

Eagleson told the board he and his wife need more space for their growing family, saying, "my family is getting bigger ... I have a daughter now. I have a son on the way due in about 3 months," and described the addition as the only feasible way to enlarge the house because much of the lot is unusable.

The board's primary concerns focused on the rear corner of the proposed addition and its proximity to a fence that borders a steep slope. A member estimated the distance from the proposed corner to the fence at roughly 10 to 12 feet; Eagleson said he plans to replace the older fence with a six-foot vinyl model either during or shortly after construction, depending on cost.

Board members also noted the applicant's file includes an engineer's letter and a waiver indicating, in the engineer's assessment, that a steep-slope application was not required for this project. During questioning, members raised who would be responsible for ensuring excavation and grading do not undermine slope stability; the discussion identified the building inspector and the project contractor as parties typically involved in site stability and noted temporary erosion controls may be used during construction.

After discussing the unique, nonconforming nature of the lot and emphasizing that structural design questions are the responsibility of the project's engineer or architect, a board member moved to accept the application. The board recorded affirmative roll-call votes from members present and approved the application.

A board attorney explained the procedural next step: the board will prepare a written resolution next month and publish it; "once that's published, the public has 45 to challenge what's been done," the attorney said, and a judge could overturn the decision if an appeal succeeds. The attorney added the applicant may sign a waiver to pull permits before the appeal period ends but would do so at his own risk.

The board had earlier carried application BOA23-07 (Pearl Print Garage) to a future meeting and reminded members to file required financial-disclosure forms by April 30, 2024. No members of the public spoke during the hearing, and the board adjourned after routine business.

The written resolution approving Eagleson's application will be published in the designated paper; that publication starts a 45-day appeal window during which any interested party may seek judicial review of the board's decision.