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WAWA FOOD MARKET v. PLANNING BD.

227 N.J. Super. 29 (1988)

545 A.2d 786

WAWA FOOD MARKET, A CORPORATION OF THE STATE OF PENNSYLVANIA, PLAINTIFF-RESPONDENT, v. PLANNING BOARD OF THE BOROUGH OF SHIP BOTTOM, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 15, 1988.

Attorney(s) appearing for the Case

Philip G. Pagano, argued the cause for appellant (Magee & Graham, attorneys; Granville D. Magee of counsel; Philip G. Pagano on the brief).

Janine G. Bauer argued the cause for respondent (Szaferman, Lakind, Blumstein, Watter & Blader, attorneys; Arnold C. Lakind of counsel; Janine G. Bauer on the brief).

Before Judges J.H. COLEMAN and HAVEY.

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

The central issue raised by this appeal is whether a planning board may relax, as part of a site plan review, the off-street parking space and driveway width requirements contained in the municipality's zoning ordinance. Defendant Planning Board of the Borough of Ship Bottom (Board) treated plaintiff Wawa Food Market, Inc.'s (Wawa) request to deviate from the requirements as an application for a hardship variance...

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