On appeal from Superior Court of New Jersey, Law Division, Camden County, Docket No. L-4947-04.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Before Judges Skillman, Lisa and Grall.
This is an appeal from a final judgment of the Law Division which determined that plaintiff had fully complied with the conditions regarding building color attached to the approval by defendant Voorhees Township Planning Board of a site plan application for a proposed Friendly's Restaurant.
The site of the proposed restaurant was an existing shopping center called the Ritz Center. The Ritz Center includes a strip of retail shops, a movie theater and an Applebee's Restaurant. A restaurant is a conforming use within the zoning district. The only variance required for the proposed restaurant building was a height variance, which was granted and is not in issue on this appeal.
Plaintiff's site plan application was accompanied by an architectural rendering that showed the appearance of the proposed Friendly's Restaurant. Before the hearing on the application, the secretary to the Board sent plaintiff's consultant a letter, which stated that "[a]s a result of our meeting February 12, 2003, Township representatives did not accept your alternate exterior scheme for the proposed Friendly's restaurant because it was not compatible to the existing Ritz Center."
At the hearing before the Board, plaintiff gave the following testimony regarding the color of the proposed Friendly's restaurant:
[T]he materials is [sic] going to be the --what is it --
[Plaintiff]: -- Dryvit, to match the --to come close to matching the color of the center. It won't be a bright, it will be a cream color where the gables are, and then this color here, with brick into the front.
The Board's resolution granting plaintiff's application included as a condition of the site plan approval that:
The architectural elevations and colors of the building, roof line and canopies shall be as depicted on the color architectural elevations [submitted in support of the application.]
The resolution also stated that the site plan approval was "subject . . . to the testimony, representations and stipulations of the applicant, its attorney and witnesses at the time of ...