Isihos Bros. Partnership v. Township of Franklin

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 disposal beds to be constructed on a lot non-contiguous to the restaurant that the beds would serve. The disposal beds, sometimes…