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Borough of Saddle River
Zoning Board of Adjustment
The Board hears the appeals, interpretations, certificates and variance applications assigned to it by the New Jersey Municipal Land Use Law and the Borough Code. It does not amend the Zoning Ordinance or issue zoning or construction permits.
Regular meetings: generally the third Wednesday at 7:00 p.m. at the Municipal Building, 100 East Allendale Road.
Location, remote access and agenda order can change. Check the Borough calendar, Public Notices and current agenda before attending.
Applicant notice requirements changed in 2026
New Jersey law changed how legal notices are published after March 1, 2026. Before publishing or serving a hearing notice, wait for the Board Secretary to confirm the hearing date, meeting format and written notice instructions. For a notice published after March 1, 2026, a public-entity applicant follows N.J.S.A. 35:3-2; a corporation, individual or other applicant that is not a public entity must publish in an eligible online news publication selected according to the geographic target required by law under N.J.S.A. 35:3-3. Publication and every required service under N.J.S.A. 40:55D-12 generally must be completed at least 10 days before the hearing.
Start here
Is this the right board?
The Zoning Board is a seven-member, quasi-judicial land-use board. Its authority comes from the New Jersey Municipal Land Use Law and Chapter 37, Article III (opens in a new tab) of the Borough Code.
Start with the correct office
An administrative appeal requires the action described in N.J.S.A. 40:55D-70(a). An original-jurisdiction application may be filed directly under § 37-29. Contact the Board Secretary to confirm the filing procedure. Board staff and Board professionals cannot advise an applicant what relief to seek or how to prove the case.
Signs follow a separate local process. Apply through Building/Construction. Under § 175-9, review of a noncomplying sign is referred by the Construction Official to the Planning Board only after the applicant makes a written request. Do not file an ordinary sign matter with this Board.
Fence-permit and tree-removal-permit applications begin with the Construction Official. Section 105-7 assigns an appeal from a denied fence permit to the Zoning Board, while § 210-60 assigns tree-permit denial appeals and specified excess-tree “c” variance applications to this Board. Uniform Construction Code appeals do not go to the Zoning Board; contact the Construction Department promptly for the current Construction Board of Appeals filing instructions and deadline.
Applicant guide
Before you file
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Identify the filing path
An appeal under N.J.S.A. 40:55D-70(a) challenges an order, requirement, decision or refusal by the administrative officer in enforcing the Zoning Ordinance or Official Map. Under § 37-28, the notice of appeal must be filed with the officer whose action is challenged within 20 days, together with three copies stating the grounds. Obtain a written copy of the action when available. An application invoking the Board’s original jurisdiction may be filed directly under § 37-29. Staff may explain procedure but cannot select the relief or provide legal advice.
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Request current materials
Use the Borough’s application packet for forms and general submission information. Requirements vary by filing type, so confirm the submission instructions and plan-set quantity with the Board Secretary. Because New Jersey law changed the publication method after March 1, 2026, obtain the Secretary’s hearing-specific notice instructions before arranging publication or service.
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Submit the initial package
Submit the applicable application or appeal, the administrative decision when required, owner authorization, current survey and plans, proof concerning taxes and assessments, and any legally authorized fee and escrow identified in the written instructions. Section 37-29 states three application copies for original-jurisdiction matters; current Board instructions may require additional hearing sets after completeness, so confirm before copying.
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Complete the submission
Under N.J.S.A. 40:55D-10.3, an application is complete for statutory timing when certified by the Board or its authorized committee or designee. If it is not certified within 45 days after submission, it is deemed complete at the end of that period unless it lacks information identified on a checklist adopted by ordinance and furnished to the applicant, and the applicant is notified of the deficiencies in writing within 45 days. An applicant may request checklist waivers, and the Board may later require corrections or reasonably necessary additional information as permitted by law. Filing alone does not reserve a hearing date.
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Wait for the date, then give notice
After the Secretary confirms the hearing date, format and current instructions, obtain the certified 200-foot list and give publication and service at least 10 days before the hearing under N.J.S.A. 40:55D-12. Serve every property owner and governmental recipient required by the application’s facts. The maps and documents for which approval is sought must be on file for public inspection at least 10 days before the hearing. Do not rely on catch-all wording as a substitute for fair and specific disclosure of known relief.
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File proofs and present the case
File the certified list, affidavit of service, proof of publication and every other required proof by the instructed deadline. Ensure that the application is presented at the hearing, using professional or other qualified witnesses when the relief and evidence require them, and New Jersey counsel when required.
Forms, fees and escrow
Application materials, fees and escrow
Use the Borough’s application packet for forms and general submission information, and ask the Board Secretary to confirm the filing category, plan-set quantity, fee and escrow instructions, and hearing-notice steps that apply to the application. New Jersey’s publication method changed after March 1, 2026; follow the notice-law instructions above for any notice published after that date.
Zoning Board application packet (opens in a new tab)
PDF with application forms and general submission information.
2026 submission checklist (opens in a new tab)
PDF preparation guide. Confirm current requirements with the Board Secretary.
Application fee and initial escrow
Application fees and initial professional-review deposits must be ordinance-authorized and vary by application type. Request the current schedule and written amount due from the Secretary before filing.
Certified 200-foot list
$10.00 for most applicationsUnder § 37-39, request the certified list from the Tax Assessor and confirm the current charge. The statutory ceiling is the greater of $0.25 per name or $10.00, which for most Saddle River applications is $10.00. The list must be furnished within seven days after request and payment.
Professional-review escrow
An initial deposit is not a cap on authorized review charges. The MLUL provides voucher, accounting, replenishment, dispute and closeout protections.
Confirm fees before paying
Ask the Board Secretary to confirm the filing category, application fee, initial escrow deposit, payee and accepted payment method before submitting payment. Additional escrow may be required for authorized professional review in accordance with the MLUL.
Public process
Hearings and public participation
Board hearings are open to the public. Testimony concerning an application is taken under oath or affirmation and is recorded. The Board may exclude irrelevant, immaterial or unduly repetitive evidence, and the Chair may impose reasonable limits on time and the number of witnesses.
- The applicant must ensure that the application is presented at the hearing. Professional or other qualified witnesses may be necessary depending on the relief and evidence, and New Jersey counsel is required when applicable.
- Members of the public may offer relevant sworn testimony when recognized by the Chair. Interested parties may question witnesses as permitted by law and the Chair’s reasonable procedures.
- Do not contact Board members about the merits of a pending or anticipated case. Direct scheduling and filing questions to the Secretary.
- An email or letter does not preserve an appeal deadline, replace required legal notice, or guarantee that unsworn statements can be considered as hearing evidence.
- A corporation, LLC or other entity may be required to appear through a New Jersey attorney. Applicants should confirm representation requirements before the hearing.
- Application documents must be available for public inspection as required by law. Contact the Secretary for the current inspection location and hours.
Meeting access
Use the current agenda or public notice for the meeting location and any remote-access instructions. If you need a disability-related accommodation or an alternate format to attend or participate, contact the Board Secretary as early as possible. Later requests will be considered to the extent feasible.
After the hearing
Decisions, conditions and next steps
Written resolution controls
Each decision is set out in a written resolution containing findings of fact and legal conclusions. A copy is mailed as required within 10 days and filed with the Municipal Clerk. Read the resolution, approved plans and every condition together.
Statutory decision period
Subject to a complete application, any different statutory period and an applicant-consented extension, § 37-32 generally requires a decision within 120 days after an administrative appeal or submission of a complete application.
Approval is not a permit
Do not begin a stage of work or commence the approved use until the conditions applicable to that stage have been satisfied and every permit or outside approval required for that stage has been issued.
When a variance expires
Under § 37-31, a variance permitting construction or alteration generally expires unless construction or alteration has actually commenced on each and every structure permitted within one year after publication; a variance permitting a specified use generally expires unless that use has actually commenced within that year. Section 37-31 tolls the period during an appeal and permits a Board extension of up to one year for governmental delay or good cause.
Review and appeal deadlines can be short
State law allows an interested party to appeal a final Zoning Board decision approving an application under N.J.S.A. 40:55D-70(d) to the governing body only when authorized by municipal ordinance. Under N.J.S.A. 40:55D-17, the required notice of appeal must be served on the Municipal Clerk in person or by certified mail within 10 days after publication. Saddle River § 37-44 addresses the local procedure. Because availability and deadlines depend on the decision and controlling law, read the resolution and consult qualified counsel promptly. Judicial review may also be available under Court Rule 4:69. Contacting Borough staff does not preserve or extend a deadline.
Records
Agendas, minutes and decisions
Use the current archive for agenda packets and minutes, plus any recordings the Borough posts. Granicus contains records for multiple Borough bodies, so locate the Zoning Board entry by meeting date and title. Read draft and approved status as labeled.
Final-decision notice archive
For a final-decision notice published after March 1, 2026, the complete text of the brief legal notice must be published on the Borough’s official Public Notices page and retained in the required online archive. The brief notice is separate from the Board’s written resolution.
Earlier Zoning Board records, 2015 to 2021
Board jurisdiction
What the Board hears
Administrative appeals
An interested party affected by an alleged error in an order, requirement, decision or refusal based on enforcement of the Zoning Ordinance or Official Map may appeal under N.J.S.A. 40:55D-70(a). Section 37-28 requires filing with the officer whose action is challenged within 20 days, together with three copies stating the grounds.
Interpretations and prior nonconformity
The Board may interpret the Zoning Ordinance or map under N.J.S.A. 40:55D-70(b) and decide applications for certificates of prior nonconforming use or structure under N.J.S.A. 40:55D-68.
Dimensional variances
Under N.J.S.A. 40:55D-70(c), the Board may grant relief from bulk or dimensional standards when the applicant proves the statutory criteria. The Planning Board may grant “c” relief only when it is ancillary to a matter otherwise within that Board’s jurisdiction.
Use and other “d” variances
Under N.J.S.A. 40:55D-70(d), the Board hears applications involving a prohibited use or principal structure, expansion of a nonconforming use, deviation from a conditional-use standard, or qualifying increases in floor area ratio, density or principal-building height. Granting “d” relief requires at least five affirmative votes.
Related and special statutory powers
When the Board has “d” variance jurisdiction, it may decide related site-plan, subdivision or conditional-use relief under N.J.S.A. 40:55D-76. It may also hear matters assigned by N.J.S.A. 40:55D-34 and 40:55D-36 concerning mapped streets and access to an improved street.
Board information
Members and professionals
Board members
- John “Bud” Montana Chair
- Robert Howard Vice Chair
- Tami Trobiano Member
- Greg Boyajian Member
- Michael Jarmark Member
- Patricia “Patty” Nazzaro Member
- Vladik Shapsis Member
- Vacant Alternate No. 1
- Vacant Alternate No. 2
Liaison and professionals
- Duncan Carpenter Governing Body Liaison, nonvoting and not a Board member
- Spence Engineering Board Engineer; Martin K. Spence, P.E.
- Scott Alan Design Inc. Board Landscape Architect; Scott A. Levy, RLA, LLA, PP
- Doreen E. Winn, Esq. Board Attorney
- Stickel, Koenig, Sullivan & Drill Substitute Board Attorney
- Cindy Kirkpatrick, RMC Board Secretary
Conflicts of interest
A Board member with a direct or indirect personal or financial interest in a matter may not sit with the Board for that hearing or participate in discussion or the decision.
This page provides general procedural information, not legal advice. The MLUL and other applicable law, the Borough Code, duly adopted ordinances, application requirements and fees, official notices, and the written resolution deciding an application control. Requirements vary by application.