VILMA D'ASCOLI v. THE PLANNING BOARD OF THE TOWNSHIP OF BERKELEY HEIGHTS UNION COUNTY, NEW JERSEY

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-3981-07T13981-07T1

VILMA D'ASCOLI,

Plaintiff-Appellant,

v.

THE PLANNING BOARD OF THE

TOWNSHIP OF BERKELEY HEIGHTS,

UNION COUNTY, NEW JERSEY,

Defendant-Respondent.

_________________________________________________

 

Argued January 13, 2009 - Decided

Before Judges Skillman, Graves and Grall.

On appeal from Superior Court of New Jersey, Law Division, Union County, Docket No.

L-1267-07.

Joseph E. Murray argued the cause for appellant (Schiller & Pittenger, P.C., attorneys; Mr. Murray, of counsel and on

the briefs).

Barry M. Hoffman argued the cause for respondent (Bernstein & Hoffman, P.A., attorneys; Mr. Hoffman, of counsel and on the brief).

PER CURIAM

Plaintiff appeals from a final judgment in the Law Division, entered on April 1, 2008, which affirmed a resolution of defendant Planning Board of the Township of Berkeley Heights denying plaintiff's application for various bulk variances and minor subdivision approval. We affirm substantially for the reasons set forth in Judge Anzaldi's amended letter opinion, dated March 13, 2008. We agree with the conclusion of the Planning Board and Judge Anzaldi that plaintiff's proposed subdivision of her lot, which is currently occupied by a single residence, into two nonconforming flag lots, which would be occupied by two residences, is not required to relieve plaintiff of any difficulty or hardship in the use of her property and would not advance the purposes of the Municipal Land Use Law, N.J.S.A. 40:55D-1 to -163. Rather, the proposed subdivision would only provide plaintiff with a more profitable use of her property. Therefore, the bulk variances that would be required for this subdivision do not satisfy the requirements of either N.J.S.A. 40:55D-70(c)(1) or (2).

Affirmed.

 

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A-3981-07T1

January 27, 2009