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COMMERCIAL REALTY v. FIRST ATLANTIC

235 N.J. Super. 577 (1989)

563 A.2d 866

COMMERCIAL REALTY AND RESOURCES CORP., A CORPORATION OF THE STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. FIRST ATLANTIC PROPERTIES CO., DEFENDANT-APPELLANT, AND THE PLANNING BOARD OF THE TOWNSHIP OF NEPTUNE, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided August 31, 1989.

Attorney(s) appearing for the Case

Peter J. Carton argued the cause for appellant First Atlantic Properties Company (Crummy, Del Deo, Dolan, Griffinger and Vecchione, attorneys, Peter J. Carton and Paul F. Campano, on the brief).

Lynne Andreades argued the cause for respondent Neptune Township Planning Board (Fredrick P. Niemann, attorney, Lynne Andreades, on the brief).

James D. Carton, III argued the cause for respondent Commercial Realty & Resources Corporation (Carton, Nary, Witt and Arvanitis attorneys, James D. Carton, on the brief).

Before Judges KING, BRODY and ASHBEY.

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

In this land use case the primary question is planning board jurisdiction over height variances. We hold that, where the municipality does not provide in its municipal zoning ordinance for a "floor area ratio" regulation as defined in the statute, but does provide a height limitation, variances from the height limitation (not involving residential density) may be considered N.J.S.A. 40:55D-70c variances...

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