NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued May 14, 2013.
On appeal from Superior Court of New Jersey, Law Division, Burlington County, Docket No. L-3090-10.
Patrick F. McAndrew argued the cause for appellant.
Matthew B. Wieliczko argued the cause for respondent (Zeller & Wieliczko, LLP, attorneys; Mr. Wieliczko, on the brief; Deena M. Greble, on the brief).
Before Judges Fisher and St. John.
Plaintiff the Salt & Light Company appeals from the August 29, 2012 order of the Law Division granting defendant's motion for reconsideration and denying plaintiff's motion for summary judgment.
I. The record discloses the following facts and procedural history.
In a neighborhood that was zoned for single-family homes, plaintiff wished to convert a residence to a three-family unit in order to provide transitional housing for the formerly homeless. The original residence, which was already being used for transitional housing, contained five bedrooms and one kitchen. The proposed conversion would contain three kitchens, but only four bedrooms. The exterior of the structure would remain intact with only minor variations. Plaintiff expected roughly the same number of inhabitants to occupy the dwelling after the conversion.
Plaintiff applied to the Willingboro Township Zoning Board of Adjustment (defendant) for a use variance, a site plan waiver, and a parking variance which would permit four parking spaces instead of six.
Defendant held a hearing and members of the community expressed that granting the application would negatively affect the neighborhood. Defendant denied the use variance. Plaintiff filed a complaint in lieu of prerogative writ.
The court reversed defendant's denial of the use variance and remanded for a determination regarding the parking variance and the site plan waiver.
On remand, defendant denied the application for the parking variance and the site plan waiver. In the meantime, we decided
Salt & Light Co., Inc., v. Willingboro Township Zoning Board of Adjustment , 423 N.J.Super. 282 (App. Div. 2011), certif. denied, 210 N.J. 108 (2012) (Salt & Light), wherein the same parties litigated the conversion of a single-family residence into a two-family home. We upheld defendant's determination that the inherently beneficial use of providing transitional housing was outweighed by the detrimental effect of constructing a two-family home in an area zoned exclusively for single-family ...