July 22, 2009
ERIK R. HESS, DAYNA A. BUECKNER HESS AND PAUL EDMONDS, PLAINTIFFS-RESPONDENTS,
TOWNSHIP OF NUTLEY BOARD OF ADJUSTMENT, ALAN HUNTER AND RONALD CLARK, DEFENDANTS-APPELLANTS.
On appeal from the Superior Court of New Jersey, Law Division, Essex County, Docket No. L-4651-06.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted: June 30, 2009
Before Judges Cuff and Fuentes.
Defendants Alan Hunter and Ronald Clark appeal from an order reversing a use variance granted by defendant Township of Nutley Board of Adjustment (Board) to expand a pre-existing nonconforming use. The nonconforming use is a two-family house in a single-family zone. Defendants sought to construct a two- car garage to the rear of their property and a two-story 20' x 21' addition to allow an additional bedroom and bathroom for each living unit. The addition was part of a general renovation project that included new siding, roof, landscaping, and driveway. The proposed addition would add 420 square feet to the existing footprint and 840 square feet of living space to the existing building.*fn1
Judge Cifelli held the decision of the Board "is not supported by any competent evidence in the record." As to the resolution, the judge held that it "fails to meet even the most basic requirements, statutory requirements of N.J.S.A. 40:55D- 10(g) and, accordingly is fatally deficient. . . ."
We affirm the June 4, 2008 order substantially for the reasons expressed by Judge Cifelli in his comprehensive and thoughtful oral opinion dated May 28, 2008.