Search Rutgers Law Library N.J. Court Opinions

1 MARK G. MONTENERO v. TOMS RIVER TOWNSHIP PLANNING BOARD -- rank: 1000

... —only one of which is in issue on appeal. N.J.S.A. 40:55D-51(a) permits a planning board to grant exceptions from the ... because of peculiar conditions pertaining to the land in question.' N.J.S.A. 40:55D-51(a). Unlike its findings related to the variances, we cannot ... We determined a planning board has the discretionary power under N.J.S.A. 40:55D-51(a) to grant relief from any requirement. Id. at 452 ... is completely silent as to the considerations set forth by N.J.S.A. 40:55D-51(a) governing disposition of an application for relief. There is ...

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status:	Unpublished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

2 JOANN DEPHILIPPO v. CINNAMINSON TOWNSHIP PLANNING BOARD -- rank: 898

... J.S.A. 40:55D-70(c)(2), waivers under N.J.S.A. 40:55D-51(a), and other approvals that the Township's Planning Board ... certain site plan requirements for "modest changes in use" under N.J.S.A. 40:55D-51(a) 11 so long as they are reasonable. Garofalo v ... any findings of relative hardship under subsection (c)(1). 11 N.J.S.A. 40:55D-51(a) provides, in relevant part, that a planning board considering ...

docket:	a5837-12
court:	NJ Superior Court Appellate Division
decided:	2014-11-07
status:	unpublished
citation:
Document Size:	62871

3 RECTOR, WARDENS & VESTRYMEN OF ST. BERNARD'S PROTESTANT EPISCOPAL CHURCH v. BERNARDS TOWNSHIP PLANNING BOARD -- rank: 727

... a local ordinance's requirements for subdivision approval pursuant to N.J.S.A. 40:55D-51(a), and exceptions to RSIS standards that are de minimis ...

docket:	a0070-12
court:	NJ Superior Court Appellate Division
decided:	2015-01-16
status:	unpublished
citation:
Document Size:	44487

4 JANEK PATEL v. CITY OF SOUTH AMBOY PLANNING BOARD -- rank: 723

... in 'undue hardship' because of conditions unique to the property. N.J.S.A. 40:55D-51(b). The primary distinction between waivers and variances is that ...

docket:	a3744-18
court:	NJ Superior Court Appellate Division
decided:	2020-03-09
status:	Unpublished
citation:
Document Size:	60890

5 DOMINIC SICO v. PARK TERRACE -- rank: 723

... The Board characterized these as variances, rather than exceptions. Cf. N.J.S.A. 40:55D-51(b). Because neither the Board nor the other parties cited ...

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status:	unpublished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

6 MOUNTAIN VALLEY GROUP, LLC v. TOWNSHIP OF BERKELEY HEIGHTS -- rank: 719

... conditions pertaining to the land in question[,] as required by N.J.S.A. 40:55D-51. The Board concludes that [MVG]'s assertion that all waivers ...

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

7 RIYA CRANBURY HOTEL LLC v. ZONING BOARD OF ADJUSTMENT OF THE TOWNSHIP OF CRANBURY -- rank: 692

... Board granted, "exceptions from the requirements of site plan approval." N.J.S.A. 40:55D-51(b); -76(b); Cf. N.J.S.A. 40:55D ...

docket:	a3803-11
court:	NJ Superior Court Appellate Division
decided:	2013-02-01
status:	unpublished
citation:
Document Size:	39046

8 JOHN GIERCYK v. CITY OF ESTELL MANOR PLANNING ZONING BOARD -- rank: 680

... purpose and intent of the provisions for site plan review[.]'[] N.J.S.A. 40:55D-51(b). Hendricks proposed no new construction or additions to the ...

docket:	a2729-15
court:	NJ Superior Court Appellate Division
decided:	2017-12-18
status:	unpublished
citation:
Document Size:	57145

9 LARRY PRICE v. MARTIN T. MARTINETTI -- rank: 677

... and final site plan approval at the same time, see N.J.S.A. 40:55D-51; Aronowitz v. Planning Bd. of Lakewood , 257 N.J. Super ...

docket:	a1834-10
court:	New Jersey Superior Court Appellate Division
decided:	2011-07-25
status:	published
citation:	421 N.J. Super. 290 23 A.3d 483
Document Size:	31294

10 CBS OUTDOOR, INC v. BOROUGH OF LEBANON PLANNING BOARD/BOARD OF ADJUSTMENT -- rank: 677

... conditional use variances and subsequent site plan approval pursuant to N.J.S.A. 40:55D-51, -70(c), -70(d). Its suggestion to the Board to ...

docket:	a3479-08
court:	superior court appellate division
decided:	2010-07-22
status:	published
citation:	414 N.J. Super. 563 999 A.2d 1151
Document Size:	66628

11 RALPH LAKS v. MICHAEL HERZOG -- rank: 653

... granted by the Board did not implicate zoning issues. See N.J.S.A. 40:55D- 51(a) (empowering Planning Boards 'to grant . . . exceptions' when providing preliminary ...

docket:	a2288-19
court:	NJ Superior Court Appellate Division
decided:	2022-02-25
status:	Unpublished
citation:
Document Size:	32513

12 LAKEWOOD REALTY ASSOCIATES, LLC v. TOWNSHIP OF LAKEWOOD PLANNING BOARD -- rank: 630

... requested the following waivers from site plan requirements, pursuant to N.J.S.A. 40:55D-51(b): 1. an exception to the installation of curbing along ...

docket:	a1899-21
court:	NJ Superior Court Appellate Division
decided:	2023-10-05
status:	Unpublished
citation:
Document Size:	28136

13 SLOO INVESTORS, LLC v. PLANNING BOARD OF THE BOROUGH OF TINTON FALLS -- rank: 583

... light of the purpose behind the ordinance as required under N.J.S.A. 40:55D-51(b). It is clear from t he statement of reasons ...

docket:	a2782-08
court:	superior court appellate division
decided:	2010-06-18
status:	unpublished
citation:
Document Size:	50192

14 ANTHONY VENTRE v. BOROUGH OF RIDGEFIELD PLANNING BOARD -- rank: 540

... Waivers may be sought from site plan ordinances pursuant to N.J.S.A. 40:55D-51(b). See Wawa , supra , 227 N.J. Super. at 34 ...

docket:	a4396-10
court:	NJ Superior Court Appellate Division
decided:	2012-07-03
status:	unpublished
citation:
Document Size:	29018

15 MONMOUTH COMMERCE CENTER, LLC v. HOWELL TOWNSHIP PLANNING BOARD -- rank: 529

... or hardship, but rather MCC just preferred a different design. N.J.S.A. 40:55D-51(b) provides: The planning board when acting upon applications for ...

docket:	a0012-21
court:	NJ Superior Court Appellate Division
decided:	2022-05-12
status:	Unpublished
citation:
Document Size:	32837