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Andrews v. Board of Adjustment of Township of Ocean

Decided: June 27, 1958.

LUCILE M. ANDREWS, NATHAN APPLEMAN AND JANET APPLEMAN, HIS WIFE; MARGARET BRUNS: HENRY SADOWSKY AND ELEANOR SADOWSKY, HIS WIFE; IRA W. SAFRAN AND PHYLISS SAFRAN, HIS WIFE, PLAINTIFFS,
v.
BOARD OF ADJUSTMENT OF THE TOWNSHIP OF OCEAN, A MUNICIPAL BODY; TOWNSHIP OF OCEAN, A MUNICIPAL CORPORATION; AND ST. MARY'S CHURCH, DEAL, NEW JERSEY, DEFENDANTS



In lieu of prerogative writ.

Giordano, J.c.c. (temporarily assigned).

Giordano

The plaintiffs seek by a complaint in lieu of prerogative writ to set aside a variance granted by the Township of Ocean to the defendant St. Mary's Church, Deal, New Jersey. The proceedings were taken under the statute N.J.S.A. 40:55-39, subd. d. The issue is the legal sufficiency of the variance.

The variance is for the use of the premises known as Ivy Hedge as a parochial school and for living quarters for the nuns teaching at the school. Ivy Hedge is in Residence District, Class A. The owner has contracted to sell the same to the defendant St. Mary's Church, Deal, New Jersey. It consists of 16 acres and is located on the west side of Wickapecko Drive. The rear of the property borders on Residence District, Class E.

I find that the board of adjustment conducted a hearing upon giving proper and legal notice, and that following said hearing recommended in writing to the township committee pursuant to the ordinance and statute approval of the application by St. Mary's Church to use Ivy Hedge as a parochial school and convent subject to certain conditions and limitations set forth in their recommendations. The imposition of conditions is not uncommon and is a useful incident of variances. 1 Rathkopf Zoning and Planning (3 d ed. 1956), c. 49.

I find from the recommendation of the board and concurred in by the township committee, the following conditions:

"1. That the exterior of the existing building not be changed or altered;

2. That the property east of the building known as the front yard shall be maintained in its present state of landscaping;

3. That the main entrance and exit for school purposes shall be limited to the extreme westerly portion of the property known as the rear;

4. That any public area, playgrounds, athletic field, etc. be established to the rear of the existing building;

5. St. Mary's Parish would accept the children of Ocean Township who are now attending other parochial schools;

6. That St. Mary's Parish install at its own cost and expense a sanitary sewer line to connect with existing sewer system according to specifications and places as determined by the Township Engineer. Further, that all main lines on ...


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