Search Rutgers Law Library N.J. Court Opinions

16 AMIR SHAKED v. BOARD OF ADJUSTMENT OF THE TOWNSHIP OF NORTH BERGEN -- rank: 806

... North Bergen Parks Department.1 Plaintiffs contended the Board violated N.J.S.A. 40:55D-70.1, which required it to 'at least once a year ... not filed an annual report since 2006, as required by N.J.S.A. 40:55D-70.1, plaintiffs cited no authority that this violation voided the ... Further, with respect to the Board's alleged noncompliance with N.J.S.A. 40:55D-70.1, plaintiffs provided no authority that the Board's failure ... power to grant or deny use, density, and height variances. N.J.S.A. 40:55D-70(d). The MLUL provides, in pertinent part, that the Board ... ten percent of the maximum height allowed in the district. N.J.S.A. 40:55D-70(d). N.J.S.A. 40:55D-70 requires a finding of positive criteria or 'special reasons,' ...

docket:	a4634-15
court:	NJ Superior Court Appellate Division
decided:	2018-05-23
status:	unpublished
citation:
Document Size:	144733

17 CAROL JACOBY v. ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF ENGLEWOOD CLIFFS -- rank: 803

... proceedings consistent with this opinion, applying the enhanced standards of N.J.S.A. 40:55D-70(d)(6), and Grasso v. Borough of Spring Lake Heights ... otherwise affirm the order upholding the bulk variance pursuant to N.J.S.A. 40:55D-70(c)(2). I. LG owns approximately 27 acres of land ... variances required for the project both by proving hardship under N.J.S.A. 40:55D-70(c)(1) and by proving that the proposal is a better zoning alternative under N.J.S.A. 40:55D-70(c)(2) by enabling increased green space and LEED Gold ... the height variance, plaintiffs argue that the Board (1) misapplied N.J.S.A. 40:55D-70(d)(6) and the standards expressed in Grasso ; and (2 ... the Legislature placed height variances within the enhanced standards of N.J.S.A. 40:55D-70(d). Grasso , supra , 375 N.J. Super. at 50. ...

docket:	a0007-13
court:	NJ Superior Court Appellate Division
decided:	2015-10-21
status:	published
citation:
Document Size:	64660

18 JOSEPH BERARDO v. CITY OF JERSEY CITY -- rank: 801

... It memorialized its findings and conclusions in a Resolution proclaiming N.J.S.A. 40:55D-70.2 vested the ZBA with jurisdiction A-1342-21 9 ... an appeal of the decision of the [HPO] pursuant to N.J.S.A. 40:55D-70.2 and [Section] 105-7.' It then rejected plaintiff's ... to review the HPO's Determination of Significance pursuant to N.J.S.A. 40:55D-70.2 and Section 105-7. N.J.S.A. 40:55D-70.2 states: If, in the case of an appeal made ... a. of section 57 of P.L.1975, c.291 ([ N.J.S.A.] 40:55D- 70), the board of adjustment determines there is an error in ... for its determination in the findings of its decision thereon. N.J.S.A. 40:55D-70.2 was not intended to grant the ZBA jurisdiction ...

docket:	a1342-21
court:	NJ Superior Court Appellate Division
decided:	2023-07-14
status:	Published
citation:
Document Size:	47292

19 THE MATHENY SCHOOL AND HOSPITAL INC v. THE LAND USE BOARD OF THE BOROUGH OF PEAPACK AND GLADSTONE -- rank: 798

... Conjunction with A School." Pursuant to the authority granted by N.J.S.A. 40:55D-70(b), the Board conducted a hearing to determine whether the ... not entitled to apply for a conditional use variance under N.J.S.A. 40:55D-70(d)(3) and had to apply for a general use variance under N.J.S.A. 40:55D-70(d)(1). B. Plaintiff contends that its facility qualifies as ... of the conditional use following a hearing conducted pursuant to N.J.S.A. 40:55D-70(b) led it to conclude that the term "Residential Healthcare ... amended its application to request a (d)(1) use variance, N.J.S.A. 40:55D-70(d)(1), 6 seeking approval of its proposed expansion. The ... in a district restricted against such use or principal structure." N.J.S.A. 40:55D-70(d). The statute further provides: No variance . . . may be ...

docket:	a5008-13
court:	NJ Superior Court Appellate Division
decided:	2017-01-24
status:	unpublished
citation:
Document Size:	76443

20 RONALD C. MORGAN v. WEST CAPE MAY COMBINED ZONING AND PLANNING BOARD -- rank: 790

... was approximately forty inches. A-4573-19 3 professional planner. N.J.S.A. 40:55D-70 authorizes local zoning and planning boards to grant variances from zoning ordinances. N.J.S.A. 40:55D- -70(c) defines two categories of variances: N.J.S.A. 40:55D-70(c)(1), known as the 'hardship variance,' and N.J.S.A. 40:55D-70(c)(2), known as the 'flexible or bulk variance.' Guzzi ... Board could consider and approve Baker's application under both N.J.S.A. 40:55D-70(c)(1) and (c)(2). By way of background, N.J.S.A. 40:55D-70(c)(1) states: The board of adjustment shall have ...

docket:	a4573-19
court:	NJ Superior Court Appellate Division
decided:	2021-02-24
status:	Unpublished
citation:
Document Size:	29111

21 RIYA CRANBURY HOTEL LLC v. PLANNING BOARD OF THE TOWNSHIP OF CRANBURY -- rank: 776

... plan application, the applicant would have to seek relief under N.J.S.A. 40:55D-70(d), but it is premature and speculative at this time ...

docket:	a0876-12
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	35394

22 CONCERNED CITIZENS OF TENAFLY, INC. v. BOROUGH OF TENAFLY PLANNING BOARD -- rank: 773

... flagpole height, a (d)(6) variance was required pursuant to N.J.S.A. 40:55D-70(d)(6). The judge further found the flagpole was a ... with the Zoning Board of Adjustment. The judge noted that ' N.J.S.A. 40:55D-70 reserves the power to grant (d) variances to the Zoning ... S. of N.J., 172 N.J. at 82. B. N.J.S.A. 40:55D-70(d)(6) provides that a variance may be granted which ... property. She therefore concluded that a use variance pursuant to N.J.S.A. 40:55D-70(d)(6), not a bulk variance pursuant to N.J.S.A. 40:55D-70(c), was required. The zoning board of adjustment, not the ... accessory structure can be considered by a planning board under N.J.S.A. 40:55D-70(c). N.J.S.A. 40:55D-70(d)( ...

docket:	a1989-21
court:	NJ Superior Court Appellate Division
decided:	2023-06-28
status:	Unpublished
citation:
Document Size:	94556

23 206 ACORN ASSOCIATES INC v. PLANNING BOARD OF THE TOWNSHIP OF BYRAM and FIRST HARTFORD REALTY CORPORATION - and BVJ&P, INC /Intervenor- -- rank: 754

... a use variance to permit a drive-through window under N.J.S.A. 40:55D-70(d)(1). First Hartford also sought bulk variances under N.J.S.A. 40:55D-70(c)(2). 1 After holding eighteen public hearings, the Board ... we highlight here. The Board authorized the use variance under N.J.S.A. 40:55D-70(d)(1) for a drive-through window, finding it advanced ... to vary land usage. The Board also approved variances under N.J.S.A. 40:55D-70(c)(2) from the bulk requirements of Ordinance § 240 ... and the other cases plaintiff cites. The trial court quoted N.J.S.A. 40:55D-70(d)(1), which permits the Board, "[i]n particular cases ... such use or principal structure." The trial court also quoted N.J.S.A. 40:55D-70(c)(2), which permits the Board to grant a ...

docket:	a0199-13
court:	NJ Superior Court Appellate Division
decided:	0000-00-00
status:	unpublished
citation:
Document Size:	32106

24 JOSEPH BARTONEK v. TOWNSHIP OF EDISON -- rank: 754

... the requirements for issuance of a use variance pursuant to N.J.S.A. 40:55D-70(d)(1); (3) Seredy's proposal failed to satisfy the requirements of N.J.S.A. 40:55D-70(d)(2); and (4) the Board should not have considered ... the requirements for issuance of a use variance pursuant to N.J.S.A. 40:55D-70(d)(1). Plaintiffs further argue that Seredy did not meet the requirements under N.J.S.A. 40:55D-70(d)(2) for intensifying and expanding a nonconforming use. "[M ... unreasonable.'" Ibid. (quoting Kramer , supra , 45 N.J. at 296). N.J.S.A. 40:55D-70(d) authorizes a zoning board, "[i]n particular cases for ... or] (2) an expansion of a nonconforming use[.]" In addition, N.J.S.A. 40:55D-70 states that a zoning board may not grant a ...

docket:	a2035-15
court:	NJ Superior Court Appellate Division
decided:	2017-09-21
status:	unpublished
citation:
Document Size:	34575

25 MARK G. MONTENERO v. TOMS RIVER TOWNSHIP PLANNING BOARD -- rank: 746

... planning boards also have the power to grant variances under N.J.S.A. 40:55D-70(c)—commonly called '(c) variances,' see N.J.S ... the benefits of the deviation would substantially outweigh any detriment[.] [N.J.S.A. 40:55D-70(c).] The statute further provides that a (c) variance cannot ... and the purpose of the zone plan and zoning ordinance.' N.J.S.A. 40:55D-70; Lang v. Zoning Bd. of Adjustment of N. Caldwell, 160 ... whether its grant of the (c) variances was pursuant to N.J.S.A. 40:55D-70(c)(1)—a (c)(1) variance— or N.J.S.A. 40:55D-70(c)(2)—a (c)(2) variance. But we do ... 2) variances. As to those variances, our Supreme Court explained: N.J.S.A. 40:55D-70(c)(2) permits a variance for a specific property, ...

docket:	a5767-17
court:	NJ Superior Court Appellate Division
decided:	2020-03-09
status:	Unpublished
citation:
Document Size:	36050

26 RARITAN PARTNERS, LLC v. RARITAN TOWNSHIP BOARD OF ADJUSTMENT -- rank: 743

... principal structure, [and] (2) an expansion of a nonconforming use.' N.J.S.A. 40:55D-70(d). To justify a 'd' variance, an applicant must fit ... one of the three 'special reasons' categories set forth in N.J.S.A. 40:55D-70(d): (1) where the proposed use inherently serves the public ... power to decide requests for interpretation of a zoning ordinance. N.J.S.A. 40:55D-70(b). The interpretation of a zoning ordinance is purely a ... and the purpose of the zone plan and zoning ordinance. [N.J.S.A. 40:55D-70(d).] Only exceptional circumstances warrant variance relief, as there exists ... a showing that the positive and negative criteria are satisfied. N.J.S.A. 40:55D-70(d). To satisfy the positive criteria, plaintiff must demonstrate special ... for the grant of the variance. A-1563-20 42 N.J.S.A. 40:55D-70(d). Special reasons are deemed satisfied as a matter ...

docket:	a1563-20
court:	NJ Superior Court Appellate Division
decided:	2022-02-07
status:	Unpublished
citation:
Document Size:	91770

27 JONATHAN WISHNIA v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF WARREN -- rank: 743

... Board could act on BAC's application, plaintiff, pursuant to N.J.S.A. 40:55D-70(a), filed an appeal with the Board of the zoning ... the aquatic center was a conditional permitted use. Additionally, under N.J.S.A.  40:55D-70(b), plaintiff requested an interpretation of Ordinance Section 16-11 ... the MLUL did not permit this fee for appeals under N.J.S.A.  40:55D-70(a), or for requests for ordinance interpretations under N.J.S.A.  40:55D-70(b). On the advice of Board counsel, the Board notified ... provides that those individuals who file an appeal pursuant to N.J.S.A. 40:55D-70(a) from a decision regarding a non-residential development proposal ... 2000 in escrow fees. Meanwhile, those individuals who, pursuant to N.J.S.A. 40:55D-70(b), request an interpretation of an Ordinance related to ...

docket:	a0883-12
court:	NJ Superior Court Appellate Division
decided:	2014-11-19
status:	unpublished
citation:
Document Size:	40767

28 JO ANNE KROUSOS v. ZONING BOARD OF ADJUSTMENT OF BOROUGH OF PARAMUS -- rank: 738

... than fifteen beds, the applicant requested a (d)(3) variance, N.J.S.A. 40:55D-70(d)(3), for deviation from the conditions applicable to a ... use. In addition, the applicant sought (d)(6) height variances, N.J.S.A. 40:55D-70(d)(6), because the proposed building would be three stories ... height of 32 feet. Bulk and dimensional, or (c), variances, N.J.S.A. 40:55D-70(c), were also requested for a retaining wall of 10 ... suggested that the analysis for a (d)(1) use variance, N.J.S.A. 40:55D-70(d)(1), might apply in the circumstances of this project ... met the requirements for use, deviation, and height variances under N.J.S.A. 40:55D-70(d)(1), (3), and (6), and for bulk and dimensional variances under N.J.S.A. 40:55D-70(c)(1) and (2). The board approved the variances, ...

docket:	a6250-12
court:	New Jersey Superior Court Appellate Division
decided:	2014-07-24
status:	Published
citation:
Document Size:	36136

29 DOMINIC SICO v. PARK TERRACE -- rank: 738

... were not permitted uses in the R-M Zone. See N.J.S.A. 40:55D-70(d)(1). A floor area ratio (FAR) variance was sought ... FAR of 3:1 for an elevator apartment building. See N.J.S.A. 40:55D-70(d)(4). A density variance was required because the structure ... dwelling units per acre permitted by the zoning ordinance. See N.J.S.A. 40:55D-70(d)(5). Lastly, a height variance was unavoidable because the ... limited elevator apartment buildings to twelve stories (135 feet). See N.J.S.A. 40:55D-70(d)(6). Park Terrace proffered the testimony of five expert ... must show special reasons to justify the proposed use variance. N.J.S.A. 40:55D-70(d)(1). As the Court has stated, "'special reasons' takes ... intent and purpose of the zone plan and zoning ordinance." N.J.S.A. 40:55D-70(d). Additionally, a proponent of a noninherently-beneficial commercial ...

docket:	a3482-10
court:	NJ Superior Court Appellate Division
decided:	2012-01-17
status:	unpublished
citation:
Document Size:	47368

30 IRENE CONTI v. CHADD SMITH -- rank: 738

... Board found that the proposal should be approved under both N.J.S.A. 40:55D-70(c)(1) and (c)(2). The Board noted that the ... Board incorrectly determined the Smiths' application met the requirements of N.J.S.A. 40:55D-70(c)(1) and (c)(2). By way of background, N.J.S.A. 40:55D-70(c)(1) states: The board of adjustment shall have the ... and the purpose of the zone plan and zoning ordinance. [ N.J.S.A. 40:55D-70(d); see also Nash, 96 N.J. at 102.] A ... of adjustment may also approve a subdivision of property under N.J.S.A. 40:55D-70(c)(2). Our Supreme Court succinctly described the test for granting a (c)(2) variance as follows: N.J.S.A. 40:55D-70(c)(2) permits a variance for a specific property, ...

docket:	a1929-20
court:	NJ Superior Court Appellate Division
decided:	2022-02-15
status:	Unpublished
citation:
Document Size:	39372