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CONSELICE v. BOROUGH OF SEASIDE

817 A.2d 988 (2003)

358 N.J. Super. 327

Anthony CONSELICE, Plaintiff-Appellant, v. BOROUGH OF SEASIDE PARK, and Planning Board of the Borough of Seaside Park, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided March 18, 2003.

Attorney(s) appearing for the Case

David Frizell, Metuchen, argued the cause for appellant (Frizell & Samuels, attorneys; Mr. Frizell, on the brief).

Thomas G. Gannon, Toms River, argued the cause for respondent Borough of Seaside Park (Hiering, Gannon and McKenna, attorneys; Mr. Gannon, on the brief).

Kenneth B. Fitzsimmons, Point Pleasant Beach, argued the cause for respondent Planning Board of the Borough of Seaside Park (Sinn, Fitzsimmons, Cantoli, West & Parkes, attorneys; Mr. Fitzsimmons, on the brief).

Before Judges CONLEY, NEWMAN and CARCHMAN.

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

This is a zoning case. The narrow issue is whether a proposed expansion to the conforming use, a residence, of a preexisting nonconforming integrated mixed use, residence and real estate office, requires a use variance, N.J.S.A. 40:55D-70(d). The trial judge answered this question in the affirmative. We agree and affirm.

These are the relevant and undisputed facts. Plaintiff Anthony Conselice...

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