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Shell Oil Co. v. Zoning Board of Adjustment of Borough of Shrewsbury

Decided: March 21, 1973.

SHELL OIL COMPANY, PLAINTIFF-RESPONDENT,
v.
ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF SHREWSBURY, DEFENDANT-APPELLANT



Kolovsky, Matthews and Crahay. Kolovsky, J.A.D. (dissenting).

Per Curiam

The judgment, ordering the Board of Adjustment to recommend variances for gas station use, is affirmed essentially for the reasons expressed in Judge Lane's opinion in the Law Division.

The trial court recognized the presumption of correctness, fairness and proper motivation that a decision of the Board of Adjustment carries and of its limited scope of judicial review. Also acknowledged was that a Board's acceptance or rejection of the testimony of witnesses, where such choice was reasonable, was conclusive on appeal.

On the basis of plaintiff's proofs Judge Lane specifically found reasons for the grant of a (d) variance and rejected the Board's specifications in denying the application.

The Board has found;

". . . that the relief requested by the applicant cannot be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of the zone plan and zoning ordinance of the Borough of Shrewsbury;

1. The proposed use would cause additional congestion at an already congested intersection;

2. There is no way to prevent traffic from crossing the highway and creating additional risks to the motorists at the intersection;

3. The land in question could be put to a better and higher use;

4. Additional gas stations are not needed in the Borough of Shrewsbury and would not benefit the residents of the Borough of Shrewsbury.

5. The area involved is adjacent to an area which is composed of a large tract of land which is undeveloped;

6. The proposed use could have a deleterious effect on the future development of the ...


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