Search Rutgers Law Library N.J. Court Opinions

211 SETON HALL UNIVERSITY v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF SOUTH ORANGE VILLAGE -- rank: 525

... Here, Seton Hall applied for a use variance pursuant to N.J.S.A. 40:55D-70(d), which provides, in relevant part: The board of adjustment ... 152 N.J. at 324 (internal quotation marks omitted) (quoting N.J.S.A. 40:55D-70(d)). On appeal, the parties do not dispute that the ... beneficial use" and thereby presumptively meets the positive criteria of N.J.S.A. 40:55D-70(d). See Smart SMR , supra , 152 N.J. at 323 ...

docket:	a5076-10
court:	NJ Superior Court Appellate Division
decided:	2012-03-05
status:	unpublished
citation:
Document Size:	40842

212 CRAIG LANGE v. PLANNING BOARD OF THE TOWNSHIP OF FRANKLIN -- rank: 525

... THAT THE "RESERVE STRIP" MET THE STANDARDS SET FORTH IN N.J.S.A. 40:55D-70(c)(1) OR (2). POINT II THE COURT ERRED IN ... and inconsistent with subsections (c)(1) and (c)(2) of N.J.S.A. 40:55D-70, a provision of the Municipal Land Use Law (MLUL), N ... that a buffer requirement is a zoning standard governed by N.J.S.A. 40:55D-70. Their reliance on Morris for this proposition is misplaced. In ... that the buffer requirement was a zoning standard governed by N.J.S.A. 40:55D-70. Id. at 354. Here, the local ordinance did not require ...

docket:	a5929-10
court:	NJ Superior Court Appellate Division
decided:	2012-05-16
status:	unpublished
citation:
Document Size:	33493

213 COACHES REALTY, LLC v. ZONING BOARD OF ADJUSTMENT FOR THE BOROUGH OF WALLINGTON -- rank: 525

... among other things, a use and height variance pursuant to N.J.S.A. 40:55D-70(d). After reviewing the record and applicable legal principles, we ... for residential purposes, applicant required a use variance pursuant to N.J.S.A. 40:55D-70(d). To prevent any flooding of the apartments, applicant proposed ... the positive criteria — why the variance should be granted. N.J.S.A. 40:55D-70(d)(1). "Special reasons" are those that promote the general ... Price v. Himeji , 214 N.J. 263 , 286 (2013) (quoting N.J.S.A. 40:55D-70). "The showing required to satisfy the first of the negative ...

docket:	a0844-15
court:	NJ Superior Court Appellate Division
decided:	2017-03-29
status:	unpublished
citation:
Document Size:	26252

214 FERRIS FARMS OF EAST BRUNSWICK, LLC v. TOWNSHIP OF EAST BRUNSWICK -- rank: 523

... negative requirements for the [u]se [v]ariance pursuant to N.J.S.A. 40:55D-70(d)(1) and N.J.S.A. 40:55-70 ... of the zone plan and zoning ordinance' or negative criteria. N.J.S.A. 40:55D-70(d). To satisfy the 'special reasons' or positive criteria as ...

docket:	a0034-22
court:	NJ Superior Court Appellate Division
decided:	2023-12-26
status:	Unpublished
citation:
Document Size:	30922

215 NORTHEAST TOWERS, INC. v. ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF WEST PATERSON -- rank: 523

... Div. 1998), certif. denied , 160 N.J. 88 (1999).     Under N.J.S.A. 40:55D-70(d), See footnote 2 2 an applicant for a variance ... at 279). The negative criteria nonetheless must be satisfied. Ibid. ; N.J.S.A. 40:55D-70(d).     For proposed uses not inherently beneficial "there must be ... the zone plan and zoning ordinance'." Id. at 174 (quoting N.J.S.A. 40:55D-70(d)).     In New York SMSA Ltd. Partnership v. Board of ...

docket:	a1592-98
court:	njappellate
decided:	2000-01-24
status:	published
citation:	327 N.J.Super. 476
Document Size:	56128

216 CAROL FLERES v. ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF BRADLEY BEACH -- rank: 520

... because plaintiff failed to satisfy the negative criteria imposed by N.J.S.A. 40:55D- 70 d. On appeal, plaintiff argues the trial judge erred by ... improved zoning and planning that will benefit the community" under N.J.S.A. 40:55D-70(c)." This suggests a mistaken belief that plaintiff's application ...

docket:	a4916-07
court:	njappellate
decided:	2009-04-16
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	47792

217 KEVIN CHAMBERS v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF NEPTUNE -- rank: 520

... and degradation of the environment through improper use of land; [ N.J.S.A. 40:55D-70 must also be met. That is, the variance can be ... and the purpose of the zone plan and zoning ordinance." N.J.S.A. 40:55D-70. In applying the principles from N.J.S.A. 40:55D-70 must also be met. That is, the variance can be ...

docket:	a3101-07
court:	NJ Superior Court Appellate Division
decided:	2009-02-03
status:	unpublished
citation:
Document Size:	61776

218 MUNICO ASSOCIATES L.P. v. INSERRA SUPERMARKETS INC -- rank: 517

... plan and subdivision approval, Inserra sought several variances pursuant to N.J.S.A. 40:55D-70(c). Boulder Run Shopping Center, owned by Munico Associates, L ... board may consider requests for variances that are cognizable under N.J.S.A. 40:55D-70(c). N.J.S.A. 40:55D-60(a). The ... a (d) variance is exclusive to the Board of Adjustment); N.J.S.A. 40:55D-70(d). II. A. At the first hearing, Stop & Shop argued ...

docket:	a0701-14
court:	NJ Superior Court Appellate Division
decided:	2016-08-18
status:	unpublished
citation:
Document Size:	47182

219 NEW CINGULAR WIRELESS PCS LLC v. THE ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF CHATHAM -- rank: 517

... intent and purposes of the zone plan and zoning ordinance." N.J.S.A. 40:55D-70. Plaintiff's evidence included expert testimony that: (1) there was ... any of defendant's conclusions about the negative criteria. See N.J.S.A. 40:55D-70(d); New Brunswick Cellular Tel. Co. , supra , 160 N.J ... in coverage in order to satisfy the positive criteria of N.J.S.A. 40:55D-70(d)." New York SMSA, L.P. v. Bd. of Adj ... case, it is clear that plaintiff satisfied the positive criteria, N.J.S.A. 40:55D-70(d), and the proposed site was the best choice to ...

docket:	a2467-15
court:	NJ Superior Court Appellate Division
decided:	2017-08-16
status:	unpublished
citation:
Document Size:	38704

220 LARRY PRICE v. LARRY D'ARRIGO -- rank: 514

... lot was undersized, D'Arrigo applied for variances pursuant to N.J.S.A. 40:55D-70(c). Plaintiff challenged the application, claiming D'Arrigo's property ... Arrigo did not apply for a use variance pursuant to N.J.S.A. 40:55D-70(d)(1). The Board approved D'Arrigo's application, which ... claimed there was no support for a variance pursuant to N.J.S.A. 40:55D-70(c)(2), because it was not demonstrated that the benefits ... argued the "negative" criteria had not been satisfied pursuant to N.J.S.A. 40:55D-70, which provides: No variance or other relief may be granted ...

docket:	a5378-15
court:	NJ Superior Court Appellate Division
decided:	2017-10-19
status:	unpublished
citation:
Document Size:	15786

221 HENRY WOLLMAN v. THE PLANNING BOARD OF THE BOROUGH OF OCEANPORT -- rank: 514

... appropriate population density" and thus qualify for a variance under N.J.S.A. 40:55D-70 provides two alternative grounds upon which a board may grant ... and the purpose of the zone plan and zoning ordinance." N.J.S.A. 40:55D-70. To assure compliance with these statutory requirements, a board's ... intent and purpose of the zone plan and zoning ordinance." N.J.S.A. 40:55D-70. However, the Board's resolution simply states in conclusionary form ...

docket:	a4563-07
court:	njappellate
decided:	2009-03-20
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	51983

222 PETER FRANCO v. PLANNING BOARD OF THE BOROUGH OF LITTLE SILVER -- rank: 514

... 163. Plaintiffs presented their application to the Board as an N.J.S.A. 40:55D-70(c)(2) variance ((c)(2) variance).1 Plaintiffs presented expert ... should have granted their application as a 'hardship' variance under N.J.S.A. 40:55D-70(c)(1). Judge Jones rejected that argument and plaintiffs have ... both the 'positive' and 'negative' criteria required for variance relief. N.J.S.A. 40:55D-70(c)(2) provides, in pertinent part: [W]here in an ...

docket:	a0972-22
court:	NJ Superior Court Appellate Division
decided:	2024-01-16
status:	Unpublished
citation:
Document Size:	37352

223 DEBRA SUZETTE GRIMM v. WALL TOWNSHIP ZONING BOARD OF ADJUSTMENT -- rank: 514

... J. Super. at 225). Further, it is well established that N.J.S.A. 40:55D-70(a) empowers a zoning board of adjustment 'to . . . [h]ear ...

docket:	a3944-21
court:	NJ Superior Court Appellate Division
decided:	2023-11-17
status:	Unpublished
citation:
Document Size:	60973

224 HENSFOOT DEVELOPMENT CORPORATION, A New Jersey Corporation v. CLINTON TOWNSHIP BOARD OF ADJUSTMENT and ZINN REALTY, L.L.C - -- rank: 514

... granted Zinn’s application for a use variance pursuant to N.J.S.A. 40:55D-70(d)(1), in furtherance of its plan to construct a ... its preliminary and final site plan, certain variances pursuant to N.J.S.A. 40:55D-70(c), waivers, and for minor subdivision of its property. The ... minor subdivision approval. The Board also approved certain variances under N.J.S.A. 40:55D-70(c), design waivers, and an exception to the landscape buffer ... building, and did not indicate Zinn was seeking variances under N.J.S.A. 40:55D-70(c) for front and side yard setback deviations, steep slope ...

docket:	a2399-14
court:	NJ Superior Court Appellate Division
decided:	2016-01-01
status:	unpublished
citation:
Document Size:	24135

225 LARRY PRICE v. RAFFI ARSLANIAN -- rank: 512

... the Board's approval of a use variance pursuant to N.J.S.A. 40:55D-70(d)(1) (a D-1 variance). Based on the record ... 336 , 340 (1952)), certif. denied , 127 N.J. 325 (1991). N.J.S.A. 40:55D-70 governs the grant of use variances. In pertinent part, the ... can be granted without substantial detriment to the public good." N.J.S.A. 40:55D-70; see also Sica , supra , 127 N.J. at 156. An ... 5-0 vote——the minimum for passage pursuant to N.J.S.A. 40:55D-70(d). Therefore, according to plaintiff, "the application fails" because Mercado ...

docket:	a2389-09
court:	superior court appellate division
decided:	2011-02-08
status:	unpublished
citation:
Document Size:	36200