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Donahue v. Township of Deptford Planning Board

March 17, 2008

HOLLY GLAZE DONAHUE, PLAINTIFF-APPELLANT,
v.
TOWNSHIP OF DEPTFORD PLANNING BOARD, DEFENDANT-RESPONDENT.



On appeal from the Superior Court of New Jersey, Law Division, Gloucester County, Docket No. L-1501-06.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued February 26, 2008

Before Judges Winkelstein and Yannotti.

Plaintiff Holly Glaze Donohue appeals from an order entered on March 30, 2007, which affirmed the approval by the Deptford Township Planning Board (Board) of an application by the Guru Nank Sikh Society (Society) of Delaware Valley for preliminary and final site plan approval, and conditional use approval. We affirm.

The Society filed an application with the Board for approval of a plan to construct a temple and related buildings on a parcel of property in the Township. Section 8(B)(1)(b) of the Township's zoning ordinance provides that places of religious worship are permitted in the R-40 Low Density Residential District as conditional uses, upon a determination by the Board that the use can be provided in a manner that will: minimize the impact upon adjacent properties; be compatible with the surrounding neighborhood; not unduly burden adjacent areas with increased traffic, noise, or threats to the public health and safety; and conform to the standards in section 61 of the ordinance.

On July 12, 2006, the Board conducted a public hearing on the application. Plaintiff opposed the application, and argued that it did not comply with the standards in section 61 of the ordinance. Section 61(A)(1) provides that a place of religious worship qualifies as a conditional use if:

a. [t]he use occurs on a lot of two (2) acres or more in area.

b. [e]ach lot used for this purpose shall have a minimum street frontage and lot width of two hundred (200) feet.

c. [n]o structure shall be provided within seventy-five (75) feet of a public street or property line.

d. [t]he maximum permitted building coverage shall not exceed twenty percent (20%).

e. [t]he maximum permitted impervious coverage shall not exceed fifty percent (50%).

f. [t]he twenty-five (25) feet closest to the property line or the public street shall be bermed and landscaped so as to screen the use from view.

g. [t]he maximum height of any structure shall not exceed thirty-five (35) feet except that a steeple may extend ...


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