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ISIHOS BROS. P'SHIP v. FRANKLIN

871 A.2d 152 (2000)

376 N.J. Super. 591

ISIHOS BROTHERS PARTNERSHIP, Plaintiff, v. TOWNSHIP OF FRANKLIN, Township of Franklin Zoning Board of Adjustment and Township of Franklin Zoning Officer, Defendants.

Superior Court of New Jersey, Law Division, Gloucester County.

Decided May 18, 2000.

Attorney(s) appearing for the Case

Joseph J. Hoffman, Jr., Woodbury, for plaintiff. (Hoffman DiMuzio & Hoffman, attorneys).

John Matheussen, Cherry Hill, for defendant Township of Franklin.

B. Michael Borelli, Pitman, for defendant Township of Franklin Board of Adjustment and Zoning Officer.

McDONNELL, J.S.C.

In this zoning appeal, the court holds that the Board of Adjustment did not have authority to require a use variance pursuant to N.J.S.A. 40:55D-70(d) for a subsurface sewage disposal system ("septic system") which had been approved by the Department of Environmental Protection ("DEP"). The issue presented is whether the Board of Adjustment acted within the scope of its authority when it required plaintiff to apply for a use variance for septic...

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