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Antonelli v. Planning Board of Borough of Waldwick

Decided: October 31, 1962.

RALPH ANTONELLI AND MARIE ANTONELLI, HIS WIFE AND DANIEL AMSTER AND LUCILLE J. AMSTER, HIS WIFE, PLAINTIFFS,
v.
THE PLANNING BOARD OF THE BOROUGH OF WALDWICK, DEFENDANT



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

Schneider

Plaintiffs move for summary judgment in this suit in lieu of prerogative writs to compel the approval of a building location plan and parking site map. Under the ordinance the planning board is the "strong type" board, authorized to give final approval.

Plaintiffs are the owners of property in Waldwick on East Prospect Street at or near Franklin Avenue with part of the property fronting on Dora Avenue. Plaintiffs entered to erect a store building of 17,000 square feet. This is in a business zone and the store may be erected on said ground.

[]

The plaintiffs seek approval of a map locating the proposed building and the parking area surrounding said store. On

August 9, 1962 it was submitted to the Planning Board for approval as required by the Zoning Ordinance of Waldwick. It was heard by the board on August 15, 1962. There was a public hearing and the sole question was whether curb cuts should be permitted into Dora Avenue, running from said property and along it 137.48 feet, and the matter was referred to the borough attorney for his opinion.

On September 19, 1962 the Planning Board, at its meeting, without notice to the plaintiff, held another hearing and denied the application on the following grounds.

1. The parking lot would extend about 179 feet into a residential zone but the law only permits a 150-foot extension, requiring about 12 parking spaces to be dropped to conform.

2. The egress and ingress routes are not appropriate and

3. Plans do not include outdoor lighting.

Plaintiffs contend that the action of the board is unreasonable, arbitrary and capricious.

Taking the reasons for denial in reverse, we find the zoning ordinance contains no provision about outdoor lighting except to provide that any lighting in connection with off-street parking shall be so arranged as to reflect the light away from all adjoining residence building, residence zones or streets.

There is no requirement shown that a lighting place must be set forth in order to secure approval of the map. The owner may decide to erect no lighting. It is clear that the approval of the map cannot be conditioned upon filing of a lighting plan. Whether the lighting provision is a proper one in a zoning ordinance or whether there is any necessity for filing a plan is not passed on here. Suffice it to say that the objection as to failure to file a lighting plan is not proper and should not hold up approval of the map on that score.

The hearings covered only the question of ingress and egress to and from the property to and from Dora Avenue. This property is in the residence zone and none of these residents objected to ...


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