Search Rutgers Law Library N.J. Court Opinions

1 JASON SHERMAN v. HOLMDEL TOWNSHIP PLANNING BOARD -- rank: 1000

... should amplify the record, and make specific findings pursuant to N.J.S.A. 40:55D-36, as to (1) whether the strict enforcement of the street ... the building or structure to be related to a street." N.J.S.A. 40:55D-36. I. The property at issue in this case is specifically ... variances under N.J.S.A. 40:55D-35 and N.J.S.A. 40:55D-36, statutory provisions that had neither been addressed by the Planning ... the proposed driveway within the easement, under the criteria of N.J.S.A. 40:55D-36. Even so, the judge went on to address the Planning ... to [ N.J.S.A. 40:55D-28(b)(4)]. [ N.J.S.A. 40:55D-36 (emphasis added).] The statute further recites that these powers of ... We reversed the trial judge, citing the predecessor version of N.J.S.A. 40:55D-36. Id. at 496-97. In doing so, we agreed ...

docket:	a5858-06
court:	njappellate
decided:	2008-04-03
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	85151

2 IRENE CONTI v. CHADD SMITH -- rank: 881

... Smiths' notice was inadequate because it did not specifically mention N.J.S.A. 40:55D-36. Judge Ford found this argument lacked merit. Under N.J ... street giving access to such proposed building or structure.' However, N.J.S.A. 40:55D-36 states: Where the enforcement of [N.J.S.A.] 40 ... because it did not state they were seeking relief under N.J.S.A. 40:55D-36. However, N.J.S.A. 40:55D-11, which states ... 1929-20 11 did not have a responsibility to list N.J.S.A. 40:55D-36 in the hearing notice they served on the neighboring property ... concluded that the Smiths met the fire safety requirements of N.J.S.A. 40:55D-36. However, Judge Ford found there was ample evidence in the ... did not provide notice for a variance in accordance with [N.J.S.A.] 40:55D-36. c. The Smiths, Board[,] and Court failed to address ...

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status:	Unpublished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

3 THE LAST FRONTIER, INC v. BLAIRSTOWN TOWNSHIP ZONING BOARD OF ADJUSTMENT -- rank: 778

... e requirement of street or road abutment for hardship cases . N.J.S.A. 40:55D-36 provides in relevant part: Where the enforcement of [ N.J ... Zoning Board of Adjustment for such a planning variance under N.J.S.A. 40:55D-36 so that it could obtain a building permit. The Board ... required to grant its application for a planning variance under N.J.S.A. 40:55D-36. Our standard of review on this issue is whether the ... challenging the Board's denial of a planning variance under N.J.S.A. 40:55D-36, or extension of the 2002 variance. We reverse and remand ...

docket:	a5205-08
court:	superior court appellate division
decided:	2010-05-24
status:	unpublished
citation:
Document Size:	65283

4 /usr/local/share/www/libweb/collections/courts/appellate/a1981-20.opn.html -- rank: 763

... the street is prohibited unless relief is obtain ed under N.J.S.A. 40:55D-36. Plaintiff asserts the record demonstrates that '[Mehta's] proofs and ... be prohibited without applying and obtaining the relief required under N.J.S.A. 40:55D-36.' Plaintiff further emphasizes the judge simply dismissed its arguments without ... street giving access to such proposed building or structure.' However, N.J.S.A. 40:55D-36 states: Where the enforcement of . . . [N.J.S.A.] []40 ... decision not to require Mehta to obtain a variance under N.J.S.A. 40:55D-36. We agree with Judge Ford's reasoning that even though ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	30701

5 MOUNTAIN VALLEY GROUP, LLC v. TOWNSHIP OF BERKELEY HEIGHTS -- rank: 710

... shared driveway. [MVG] did not fully establish, as required by N.J.S.A. 40:55D-36[,] that adequate access for firefighting equipment, ambulances and other emergency ... of the special circumstance of the particular street . . . . Pursuant to N.J.S.A. 40:55D-36, a board of adjustment is empowered to grant variances from ... Therefore, the Board declined to grant a variance pursuant to N.J.S.A. 40:55D-36. In order to obtain such a variance, MVG bore the ...

docket:	a0701-08
court:	NJ Superior Court Appellate Division
decided:	2009-08-13
status:	unpublished
citation:
Document Size:	68074

6 ALAN S. MESZAROS v. PLANNING BOARD CITY OF SOUTH AMBOY -- rank: 639

... approval for a two-family residence with relief pursuant to [ N.J.S.A. 40:55D-36] together with any reasonable conditions relating to said approval within ... the easement, Meszaros would have to satisfy the requirements of N.J.S.A. 40:55D-36.     The Planning Board held public hearings on Meszaros' application on ...

docket:	a6688-02
court:	njappellate
decided:	2004-07-13
status:	published
citation:	371 N.J. Super. 134
Document Size:	44355

7 MELODY CURZI v. HARMONY TOWNSHIP LAND USE BOARD -- rank: 615

... hearing, the Board voted to approve the variance pursuant to N.J.S.A. 40:55D-36, for relief from the requirement under N.J.S.A ... pursuant to [ N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36]." When notice is required for an application, it " shall be ...

docket:	a0469-07
court:	superior court appellate division
decided:	2010-07-30
status:	unpublished
citation:
Document Size:	59084

8 ELIZABETH SCHMIDHAUSLER v. PLANNING BOARD OF THE BOROUGH OF LAKE COMO -- rank: 576

... street. See N.J.S.A. 40:55D-35 and N.J.S.A. 40:55D-36. At the time of the December 13, 2004, hearing, the ...

docket:	a5932-07
court:
decided:	2009-05-29
status:	Published
citation:	408 N.J. Super. 1 972 A.2d 1155
Document Size:	53112

9 DANIEL WORTS v. GLORIA C. DITTMAR -- rank: 573

... emergency vehicles necessary for the protection of health and safety. [ N.J.S.A. 40:55D-36 (emphasis added).] The Legislature's use of the word "may" in N.J.S.A. 40:55D-36 indicates that the decision to relieve an applicant from N ...

docket:	a4625-06
court:	NJ Superior Court Appellate Division
decided:	2009-09-09
status:	unpublished
citation:
Document Size:	31227

10 GARY S. STEIN v. PLANNING BOARD OF THE BOROUGH OF UPPER SADDLE RIVER -- rank: 538

... Having obtained a planning variance from the Zoning Board under N.J.S.A. 40:55D-36, plaintiff filed an application on March 28, 1986, with the ...

docket:	a3340-06
court:	njappellate
decided:	2007-12-10
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	106364

11 RICHARD MAGLIONE v. LACEY TOWNSHIP BOARD OF ADJUSTMENT -- rank: 464

... road improvements approved by the governing body." He relied on N.J.S.A. 40:55D-36, which allows appeals to the board of adjustment where satisfaction ...

docket:	a5489-05
court:	njappellate
decided:	2008-01-11
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	35569

12 JOSEPH W. LUDDY v. ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF HAWTHORNE -- rank: 461

... hardship for the lot to front on a street, under N.J.S.A. 40:55D-36, because the property is landlocked. There is nothing that can ... access for firefighting equipment, ambulances, and other emergency vehicles, satisfying N.J.S.A. 40:55D-36. Since Joseph Luddy and his mother own Lot 8, the ...

docket:	a0951-09
court:	superior court appellate division
decided:	2010-06-17
status:	unpublished
citation:
Document Size:	49479

13 /usr/local/share/www/libweb/collections/courts/tax/18890-10.opn.html -- rank: 417

... variance from the requirement would need to be secured. See N.J.S.A. 40:55D-36. The statutory requirement of the MLUL was not raised by ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	97370

14 STEVEN BAUM v. PLANNING BOARD OF THE BOROUGH OF BERNARDSVILLE -- rank: 414

... plaintiffs' application satisfied the standards for granting the variances under N.J.S.A. 40:55D-36 and -70(c)(2) and vacated the Board's denial ...

docket:	a1266-07
court:	NJ Superior Court Appellate Division
decided:	2009-04-16
status:	unpublished
citation:
Document Size:	53821