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Fort Lee Land Use Insight
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What was on Fort Lee's zoning board docket as of the October 13, 2026 agenda, and why should a lot owner care? Mostly small multi-unit homes. Of the eight applications on the Fort Lee Board of Adjustment agenda for October 13, 2026, six involved two-unit or three-unit dwellings, per the borough's posted agenda. If you own an older house on a lot that could hold more, this is the process a buyer or builder would go through.
This post explains that process in plain terms. It does not predict how any application will be decided, and it makes no claim about what any lot is worth.
The October 13, 2026 Docket at a Glance
Sources: Borough of Fort Lee, Zoning Board of Adjustment agenda for October 13, 2026; Borough of Palisades Park, Zoning Board of Adjustment and Planning Board pages (re-checked October 16, 2026); NJ Legislature statutes text (re-checked October 16, 2026); NJMLS data pulled by Scott Selleck, sold September 13 to October 13, 2026, active as of October 13, 2026.
- Applications on Fort Lee's October 13, 2026 agenda: 8
- Of those, involving two-unit or three-unit dwellings: 6
- Public hearings scheduled that night: 4, including a 24-unit major site plan continued from August 11, 2026
- Fort Lee single-family sales, per NJMLS data pulled by Scott Selleck, September 13 to October 13, 2026: 6 (19 active October 13, 2026)
- Palisades Park single-family sales, per NJMLS data pulled by Scott Selleck, September 13 to October 13, 2026: 0 (3 active October 13, 2026)
Key Takeaways
- The Fort Lee Board of Adjustment agenda for October 13, 2026 listed one memorialization, three completeness reviews and four public hearings. Six of the eight items were two-unit or three-unit dwellings, two of them paired with a minor subdivision.
- Under New Jersey's Municipal Land Use Law, N.J.S.A. 40:55D-12 (text from the NJ Legislature statutes database), except as provided in subsection h(2) of that section for registered military facilities, notice of a hearing that requires public notice goes to the owners of all real property located in the State and within 200 feet in all directions of the property, as shown on the current tax duplicates, at least 10 days before the hearing. It is given by serving a copy on the owner or the owner's agent in charge of the property, or by certified mail to the owner at the address shown on the current tax duplicate. Notice to the condominium association satisfies that requirement for a unit owner whose unit has a unit above or below it, and notice to the horizontal property regime satisfies it for a co-owner whose apartment has an apartment above or below it.
- Some variances need more votes than others. Under N.J.S.A. 40:55D-70, a d variance is granted only for special reasons and only by the affirmative vote of at least five members of a municipal board, or two-thirds of the full authorized membership of a regional board. The six kinds of d variance are listed below.
- Palisades Park runs the same state process through its own Zoning Board of Adjustment and Planning Board, under its own zoning ordinance. The rules on your lot come from your town's code, not your neighbor's.
What Was on the October 13, 2026 Agenda
The Fort Lee Board of Adjustment met at 7:30 p.m. on October 13, 2026 in the Council Chambers at 309 Main Street, per the posted agenda. The items, by street and type:
Agenda stage (October 13, 2026) | Street | Application type |
|---|---|---|
Memorialization (approved) | Myrtle Avenue | Minor subdivision and two two-unit dwellings |
Completeness | New York Avenue | Preliminary and final major site plan, three-unit dwelling |
Completeness | Forest Road | Single-family dwelling |
Completeness | Sixteenth Street | Two-unit dwelling |
Public hearing | Fifteenth Street | Two-unit dwelling |
Public hearing | Third Street | Preliminary and final major site plan, 24-unit residential development (continued from August 11, 2026) |
Public hearing | Fourteenth Street | Two-family dwelling |
Public hearing | Tom Hunter Road | Minor subdivision and two two-unit dwellings |
Table note: From the Borough of Fort Lee's posted agenda (re-checked October 16, 2026). Applicant names are left out on purpose. As of October 16, 2026, the borough had not posted outcomes or the next Board of Adjustment agenda. Read the full agenda and the application file at the board office for details, and check later agendas and resolutions for outcomes.
How the Process Works, Step by Step
Each stage on that agenda is a step in the same path:
- Completeness. The board confirms the application includes everything the borough's checklist requires. Nothing is decided on the merits yet.
- Notice. Under N.J.S.A. 40:55D-12, notice is given by the applicant unless a particular municipal officer is designated by ordinance, though the applicant may still give notice if it chooses, at least 10 days before the hearing. Public notice is published in the official newspaper of the municipality, if there is one, or in a newspaper of general circulation in the municipality. Except as provided in subsection h(2) of that section for registered military facilities, notice also goes to the owners of all real property located in the State and within 200 feet in all directions of the property, as shown on the current tax duplicates, by serving a copy on the owner or the owner's agent in charge of the property, or by certified mail to the owner at the address shown on the current tax duplicate. For a unit owner whose unit has a unit above or below it, notice to the condominium association satisfies that requirement; for a co-owner whose apartment has an apartment above or below it, notice to the horizontal property regime does. The statute excepts conventional site plan review, minor subdivisions and final approvals from public notice, but public notice is still required when relief under N.J.S.A. 40:55D-60 or 40:55D-76, such as a variance, is requested as part of one of those applications. The governing body may also require public notice by ordinance for categories of site plan review it specifies, for appeals of an administrative officer's determination and for requests for interpretation.
- Public hearing. The applicant presents testimony, often from an engineer, architect or planner. Members of the public can ask questions and comment. Hearings can be continued to a later date, as the Third Street application was.
- Vote and memorialization. The board votes, then adopts a written resolution at a later meeting. The Myrtle Avenue item on this agenda was at that final step.
The Two Kinds of Variances
New Jersey law separates variances into two broad groups under N.J.S.A. 40:55D-70:
- c variances. Under N.J.S.A. 40:55D-70(c), a board of adjustment may grant one (1) where, because of exceptional narrowness, shallowness or shape of a specific piece of property, exceptional topographic conditions or physical features uniquely affecting it, or an extraordinary and exceptional situation uniquely affecting it or the structures lawfully existing on it, the strict application of a zoning regulation would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the developer of that property, upon an application or an appeal relating to that property; or (2) where, in an application or appeal relating to a specific piece of property, the purposes of the Municipal Land Use Law, or of a second state act named in the statute, would be advanced by a deviation from the zoning ordinance requirements and the benefits of the deviation would substantially outweigh any detriment. The statute adds three provisos: the fact that a proposed use is an inherently beneficial use is not dispositive; no c variance may be granted for any departure listed under d; and the board of adjustment does not grant it where the development requires planning board approval of a subdivision, site plan or conditional use in conjunction with which the planning board has power to review the variance request. This is a summary, not a quote; the full text is on the NJ Legislature site.
- d variances. In particular cases for special reasons, a board may grant a variance to permit (1) a use or principal structure in a district restricted against it, (2) an expansion of a nonconforming use, (3) a deviation from a standard pertaining solely to a conditional use, (4) an increase in the permitted floor area ratio, (5) an increase in the permitted density, except as applied to the required lot area for detached one or two dwelling unit buildings on an isolated undersized lot or lots resulting from a minor subdivision, or (6) a principal structure that exceeds the maximum height permitted in the district by 10 feet or 10%. A d variance requires the affirmative vote of at least five members of a municipal board, or two-thirds of the full authorized membership of a regional board.
If an application requests one or more variances but none of the d kinds, the decision is made under the c rules. For either kind, N.J.S.A. 40:55D-70 sets these conditions:
No variance or other relief may be granted under the terms of this section, including a variance or other relief involving an inherently beneficial use, without a showing that such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and the purpose of the zone plan and zoning ordinance. In respect to any airport safety zones delineated under the "Air Safety and Zoning Act of 1983," P.L.1983, c.260 (C.6:1-80 et seq.), no variance or other relief may be granted under the terms of this section, permitting the creation or establishment of a nonconforming use which would be prohibited under standards promulgated pursuant to that act, except upon issuance of a permit by the Commissioner of Transportation.
N.J.S.A. 40:55D-70 (second unlettered paragraph following subsection d.), NJ Legislature statutes text (pub.njleg.state.nj.us), re-checked October 16, 2026.
What a Lot Owner Can Do With This
You do not need to file anything to use what the October 13, 2026 Fort Lee Zoning Board docket shows. A few practical steps:
- Learn your zone. Ask the Fort Lee zoning officer which district your lot is in and what the code permits there as of right. A use or size the code already permits does not need a variance.
- Measure what you have. Lot width, depth, area and frontage, plus your survey, decide much of what is possible.
- Read nearby files. Applications on your street are public. The board office can tell you how to review them.
- Watch your mail. A certified letter about a hearing within 200 feet is your chance to attend, ask questions and comment.
If a builder approaches you, remember what is being priced. Our post on why the builder wants the lot, not the house explains how those offers are built, and our post on why the zoning on your block probably changed this year covers New Jersey's Fourth Round affordable housing ordinances. A home valuation can show the market for the house as it stands. It is a market opinion, not an appraisal. A real estate attorney or land use professional can tell you what a lot could support.
Palisades Park for Comparison
Palisades Park uses the same state law but its own boards, code and calendar. Per the borough's posted 2026 schedule (checked October 16, 2026), its Zoning Board of Adjustment meets at 7:00 p.m. in City Council Chambers, generally on the third Monday of the month. Two 2026 dates differed from that pattern: January 12 and February 23. As of October 16, 2026, the remaining 2026 dates listed were October 19, November 16 and December 21. Its Planning Board posts agendas and minutes on the borough site; as of October 16, 2026, the latest 2026 agenda posted there was for September 23, 2026. Check both pages for current dates and agendas.
The practical lesson is the same in both towns. What can be built on a lot depends on that town's zoning ordinance and that board's decision on a specific application. A two-unit approval in one town says nothing about a lot across the border.
Recent sales are thin in both towns. Fort Lee had 6 single-family sales and Palisades Park had none, with 19 and 3 active, per NJMLS data pulled by Scott Selleck, sold September 13 to October 13, 2026, active October 13, 2026. Neither is enough to read a price trend.
I am a licensed real estate agent, not an attorney or planner. This post is general information, not legal or land use advice.
The Three Pillars Behind Every Good Decision
Every real estate decision sits where timing, lifestyle, and finances meet. Start with the first and work through all three.
Timing & Strategy
Land use applications take months, from completeness to memorialization. If a sale to a builder is possible, plan around that calendar, not a single meeting.
Lifestyle & Location Fit
Decide whether you want to stay in the house, sell it as a house or sell it as a lot. Each path involves different buyers and a different process.
Financing & Cash-Flow
Compare a sale as it stands with a sale to a builder, including timing, contingencies and who pays for surveys and approvals. Have your attorney review any offer that depends on approvals.
Frequently Asked Questions
How do I find out what is on the Fort Lee zoning board agenda?
The borough posts Board of Adjustment agendas on its website. The October 13, 2026 agenda listed the meeting time, location and every application by docket number.
Will I be notified if a neighbor applies for a variance?
If the application requires public notice and you are an owner of property in New Jersey within 200 feet, as shown on the current tax duplicates, the law requires notice at least 10 days before the hearing, served on you or your agent in charge of the property, or sent by certified mail to your address as shown on the current tax duplicate. If your condo unit has a unit above or below it, notice to the condominium association satisfies the requirement. If you are a co-owner whose apartment has an apartment above or below it, notice to the horizontal property regime satisfies it.
What is the difference between a c variance and a d variance?
A c variance covers bulk standards such as setbacks or lot coverage. A d variance covers the six departures listed in N.J.S.A. 40:55D-70(d), including a use not permitted in the zone and an increase in floor area ratio or density, requires special reasons, and needs at least five affirmative votes on a municipal board, or two-thirds of the full authorized membership on a regional board.
Does Palisades Park follow the same rules as Fort Lee?
The same state law applies, but each town has its own zoning ordinance and boards. Check the Palisades Park code and board calendar for a lot there.
Want to see what your Fort Lee house is worth as it stands before you weigh any builder interest? Start with a home valuation (a market opinion, not an appraisal), take the Seven-Question Assessment (7 questions, about 90 seconds), or Request an appointment.
For more on each town, see the Community Guides and the full library at SelleckSellsNJ.com.
Have a quick question first? Ask my AI assistant on Delphi. It is an AI trained on my material, not a person.
Scott Selleck
Broker Sales Associate | The Selleck Group | KW City Views Realty
Seniors Real Estate Specialist® (SRES®) | e-PRO® | Licensed since 1993. Over 500 transactions closed.
NJ Real Estate Broker Sales Associate License #9236275.
2200 Fletcher Avenue, Suite 502, Fort Lee, NJ 07024
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NJ Real Estate Broker Sales Associate License #9236275. Licensure does not imply endorsement. Keller Williams City Views Realty. Each office is independently owned and operated. Broker compensation in New Jersey is fully negotiable and is not set by law or by any board or association of REALTORS®. This article is general information only and is not legal, tax, or financial advice. Confirm your own costs with your real estate attorney, tax advisor, or lender. Equal Housing Opportunity.
Agenda details are from the Borough of Fort Lee's posted agenda for October 13, 2026, and board details from the Borough of Palisades Park website, re-checked October 16, 2026. Statute text is from the NJ Legislature's statutes text, re-checked October 16, 2026. This post describes process only. It does not predict any board decision or state the value of any lot. The featured image is a branded graphic. Its two figures come from the agenda cited in the post.
Top 5 Sources
- Borough of Fort Lee, Zoning Board of Adjustment, agenda for Tuesday, October 13, 2026. fortleenj.org
- N.J.S.A. 40:55D-12, notices of application (200 feet, 10 days, condominium association notice), NJ Legislature statutes text, re-checked October 16, 2026. pub.njleg.state.nj.us/statutes
- N.J.S.A. 40:55D-70, powers of the board of adjustment (c and d variances, five-vote requirement), NJ Legislature statutes text, re-checked October 16, 2026.
- Borough of Palisades Park, Zoning Board of Adjustment and Planning Board pages, 2026 meeting dates, re-checked October 16, 2026. Zoning Board · Planning Board
- NJMLS data pulled by Scott Selleck, sold September 13 to October 13, 2026, active as of October 13, 2026, Fort Lee and Palisades Park single-family. Not publicly available.
Three pillars. One calm process.
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