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GRANCAGNOLA v. PLANNING BD. OF TP. OF BOROUGH OF VERONA

221 N.J. Super. 71 (1987)

533 A.2d 982

EMIL GRANCAGNOLA, JUDY GOODMAN, JOHN ANTOLICH, LAWRENCE CASPARRO, JOSEPH JOHN, RICHARD MICHALOWSKI, ROBERT FERANO, CLARIDGE HOUSE I CONDOMINIUM ASSOCIATION AND CLARIDGE HOUSE II CONDOMINIUM ASSOCIATION, PLAINTIFFS-APPELLANTS, v. PLANNING BOARD OF THE TOWNSHIP OF THE BOROUGH OF VERONA, EUGENE FERNICOLA AND JOHN ZINGALI, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided November 2, 1987.

Attorney(s) appearing for the Case

Michael R. Casale argued the cause for appellants (Gaccione, Pomaco & Beck, attorneys, Michael R. Casale, on the brief).

Anthony P. Ambrosio argued the cause for respondent Planning Board of the Township of Verona (Ambrosio, Kyreakakis & DiLorenzo, attorneys, Anthony P. Ambrosio, on the brief).

Owen T. Hughes argued the cause for respondent Fernicola (Mandelbaum, Salsburg, Gold, Lazris, Discenza & Steinberg, attorneys, Owen T. Hughes, on the brief).

No appearance was made on behalf of respondent Zingali.

Before Judges PRESSLER, MUIR, Jr. and SKILLMAN.

The opinion of the court was delivered by SKILLMAN, J.A.D.

Defendant Eugene Fernicola (Fernicola) is the contract purchaser of premises located at 257 Pompton Avenue in Verona. Fernicola filed applications with defendant Verona Planning Board for conditional use and site plan approvals. The applications identified the proposed use as mixed commercial-residential. At the Board's request, the Verona Construction Code Official reviewed Fernicola's plans and concluded...

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