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D'Ascoli v. Planning Board of the Township of Berkeley Heights

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


January 27, 2009

VILMA D'ASCOLI, PLAINTIFF-APPELLANT,
v.
THE PLANNING BOARD OF THE TOWNSHIP OF BERKELEY HEIGHTS, UNION COUNTY, NEW JERSEY, DEFENDANT-RESPONDENT.

On appeal from Superior Court of New Jersey, Law Division, Union County, Docket No. L-1267-07.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued January 13, 2009

Before Judges Skillman, Graves and Grall.

Plaintiff appeals from a final judgment in the Law Division, entered on April 1, 2008, which affirmed a resolution of defendant Planning Board of the Township of Berkeley Heights denying plaintiff's application for various bulk variances and minor subdivision approval. We affirm substantially for the reasons set forth in Judge Anzaldi's amended letter opinion, dated March 13, 2008. We agree with the conclusion of the Planning Board and Judge Anzaldi that plaintiff's proposed subdivision of her lot, which is currently occupied by a single residence, into two nonconforming flag lots, which would be occupied by two residences, is not required to relieve plaintiff of any difficulty or hardship in the use of her property and would not advance the purposes of the Municipal Land Use Law, N.J.S.A. 40:55D-1 to -163. Rather, the proposed subdivision would only provide plaintiff with a more profitable use of her property. Therefore, the bulk variances that would be required for this subdivision do not satisfy the requirements of either N.J.S.A. 40:55D-70(c)(1) or (2).

Affirmed.

20090127

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