North Bergen Action Group v. North Bergen Township Planning Board

The opinion of the court was delivered by

ASHBEY, J.A.D.

This land-use appeal concerns the site-plan review jurisdiction of the planning board over an application for a height variance to build highrise apartments. It was calendared before us at the same time as Commercial Realty v. First Atlantic Properties (# A-4081-87T), 235 N.J.Super. 577 (App.Div.1989), in which we outlined applicable standards for determining planning board site plan jurisdiction over a height variance for a nonresidential building. The issues are similar. In Commercial Realty, 235 N.J.Super. at 582, we ruled that the…