Thursday, December 16, 2010 (Afternoon)
NEWS
NJ Supreme Court rejects Rockaway Twp. appeal of Christ Church exemption (Jennings, The Daily Record) Rockaway, Morris County
“The New Jersey Supreme Court has declined to hear Rockaway Township’s appeal of Christ Church’s exemption from the state Highlands Law.”
COURTS
Cortesini v. Hamilton Township Planning Board (Appellate Division) Hamilton, Mercer County
“This appeal involves the grant by defendant Hamilton Township Planning Board (Board) to defendant Wal-Mart Real Estate Business Trust (Wal-Mart) of land use approvals for the proposed renovation of an existing Wal-Mart store. The primary argument presented by plaintiffs, who are property owners in Hamilton Township, is that the Board’s resolution authorizing this renovation is invalid because the approvals did not include a bulk variance authorizing the nonconformity of parts of the existing Wal-Mart parking lot with the parking area setback requirement of the Hamilton Township zoning ordinance. We reject this argument because the nonconformity with the parking area setback requirement is a feature of the existing Wal-Mart parking lot that was authorized by the subdivision and site plan approvals granted by the Board in 2001 and 2002, and the proposed renovation will not increase or otherwise affect that nonconformity. Therefore, plaintiffs’ challenge to the land use approvals granted by the Board for this renovation constitutes an untimely collateral attack upon the land use approvals the Board granted in 2001 and 2002 for construction of the original Wal-Mart store.”
Monday, August 9, 2010 (Morning)
NEWS
Bayonne condo developer gets Planning Board approval to switch to rentals before 96 units are built (Hack, The Jersey Journal) Bayonne, Hudson County
“With the real estate market still in the doldrums, the Bayonne Planning Board recently approved a developer’s effort to kick-start a stalled Bergen Point development by allowing the project to be rentals instead of condominium units.”
Valley Expansion Decision Heads To Village Council (Scavuzzo, Wyckoff Patch) Ridgewood, Bergen County
“The Ridgewood Planning Board on Tuesday approved a resolution of memorialization for an expansion at Valley Hospital—putting the project’s fate in Village Council’s hands.”
Morris County NJ development dips to historic lows (Daigle, The Daily Record) Morris County
“The new towers in Morristown are up, awaiting restaurants and residents.”
Natural gas line plans detailed (Molnar, NJ Herald) Vernon, Sussex County
“El Paso Corp. representatives detailed their plan for the newly state-approved Tennessee Gas Pipeline — which cuts through 16 miles of some of the most environmentally sensitive and restricted lands in the Highlands — at a public forum at the Vernon Senior Center last night.”
COURT OPINIONS
O’Brien v. Borough of Point Pleasant Zoning Board of Adjustment (Appellate Division) Point Pleasant, Ocean County
Law Division upheld Zoning Board’s approval of a use variance for a nonconforming duplex. Appellate Division reverses application since the Board erred in determining that the Applicant established positive criteria for the use variance for the duplexes.
Village Supermarkets Inc. v. Planning Board of the Township of Union (Appellate Division) Union, Union County
Law Division upheld Planning Board’s approval for various bulk variances for a supermarket, finding that the Board did not abuse its authority and did not act in an arbitrary, capricious, or unreasonable manner. Appellate Division affirms Law Division’s decision.
Wednesday, August 4, 2010 (Morning)
NEWS
Deptford Township hotel project gains early approval (Hefler, The Philadelphia Inquirer) Deptford, Gloucester County
“The latest vision for a vacant Deptford Township parcel eyed by several developers before the economic downturn has progressed despite the slow economy.”
Residents concerned about New Jersey Motorsports Park’s proposed motocross track (Landau, The Daily Journal) Millville, Cumberland County
“Members of the public voiced their concerns about a proposed motocross facility at the New Jersey Motorsports Park at Tuesday’s City Commission meeting.”
OPINION
Affordable housing plan makes town unaffordable (Klein, for the Home News Tribune)
“This is in response to the article in the July 25 edition of the Home News Tribune by Kevin Walsh, Director of Fair Share Housing Center concerning Senate Bill S-1 to eliminate COAH (Council on Affordable Housing).
COURT OPINION
PPF Industrial — Route 130/Exit 8A, LLC v. Planning Board of Township of South Brunswick (Appellate Division) South Brunswick, Middlesex County
Appellate Division affirms Law Division’s decision that Board’s action denying a bulk variance was arbitrary, capricious, and unreasonable.
Monday, July 12, 2010 (Evening)
WEST WINDSOR: Charter school hearing reset (Snodgress, The Princeton Packet) Plainsboro, Middlesex County
A zoning board hearing on an application by the Princeton International Academy Charter School to occupy the St. Joseph’s seminary premises has been rescheduled to next week. The charter school has applied for a use variance, bulk variance and site plan waiver to use the property at 79 Mapleton Road.
Thursday, July 8, 2010 (Morning)
Homeowner: Bernards Twp. Zoning Rules Unclear, Unfair (Arthur, The Basking Ridge Patch) Bernards, Somerset County
“Most of the July 7 Zoning Board of Adjustment meeting dealt with an issue involving the wording of a Bernards Township zoning ordinance with regard to impervious coverages. The application was for a backyard pool – one that had been built differently than the original approved plan.”
Group fears technicality may kill charter school application (Cusido, The Times of Trenton) Plainsboro, Middlesex County
“A technicality kept a controversial application for the first Mandarin-English public charter school in New Jersey from being heard at a meeting of the township’s zoning board last night.”
Gov. Christie to borrow $1.4B to fund N.J. transportation projects (Fleisher, The Star-Ledger) Trenton, Mercer County
“The Christie administration plans to borrow $1.4 billion this year to pay for transportation projects, though it has not laid out a plan to fix a funding crunch that could stop work across New Jersey.”
Streetscape is still underway in Pompton Lakes (Scott, Suburban Times) Pompton Lakes, Morris County
“Streetscape work has resumed along Wanaque Avenue and may be just weeks from completion.”
