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ALDRICH v. SCHWARTZ

258 N.J. Super. 300 (1992)

609 A.2d 507

JOHN F. ALDRICH, PLAINTIFF-RESPONDENT, v. LEONARD E. SCHWARTZ, CORRINE F. SCHWARTZ, M. DEAN KINSEY, AND KATHERINE KINSEY, DEFENDANTS-APPELLANTS. AND TOWNSHIP OF LONG BEACH, LONG BEACH TOWNSHIP PLANNING BOARD, RICHARD R. HAWRYLO, ALEXANDRA HAWRYLO, AND COMMONWEALTH LAND TITLE INSURANCE COMPANY, AND LONG BEACH TOWNSHIP CONSTRUCTION AND ZONING OFFICE, AND RON PINGARO, LONG BEACH TOWNSHIP CONSTRUCTION OFFICIAL, AND SEAN DEVITT, LONG BEACH TOWNSHIP ZONING OFFICIAL, AND MARYLOUISE DESIMONE AND ESTATE OF ANTHONY J. DESIMONE, DEFENDANTS, v. RICHARD R. HAWRYLO AND ALEXANDRA HAWRYLO, THIRD-PARTY PLAINTIFFS, v. (ESTATE OF) ANTHONY J. DESIMONE AND MARYLOUISE DESIMONE, AND ESTATE OF ALICE SUTTER, THIRD-PARTY DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided July 7, 1992.

Attorney(s) appearing for the Case

Leonard E. Schwartz argued the cause for appellants Leonard E. Schwartz and Corrine F. Schwartz (Greenberg Margolis, attorneys).

Robert E. Kingsbury argued the cause for appellants M. Dean Kinsey and Katherine Kinsey.

Beth G. Baldinger argued the cause for respondent John F. Aldrich (Stark & Stark, attorneys, Beth G. Baldinger on the brief).

Before Judges R.S. COHEN, ARNOLD M. STEIN, and KESTIN.

The opinion of the court was delivered by R.S. COHEN, J.A.D.

In 1969, the Long Beach Township Planning Board approved a three-lot subdivision of a parcel fronting on Long Beach Boulevard and running east to the Atlantic Ocean. As part of the subdivision process, the Board of Adjustment granted a variance reducing from 20 feet to 15 feet the minimum width of part of an easement for access from the Boulevard to the two

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