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2123002-04

SETON HALL UNIVERSITY, a non-profitcorporation of the State of New JerseyPlaintiff,v.ZONING BOARD OF ADJUSTMENT OFTHE TOWNSHIP OF SOUTH ORANGEVILLAGEDefendant.

SUPERIOR COURT OF NEW JERSEYLAW DIVISIONESSEX COUNTYDOCKET NO.CIVIL ACTIONCOMPLAINT IN LIEU OFPREROGATIVE WRIT

Plaintiff, Seton Hall University (“University”), located at 400 South OrangeAvenue, South Orange, New Jersey 07079, complaining of the Defendant, Zoning Board of Adjustment of the Township of South Orange Village (hereinafter referred to as the “Board”),says as follows:1.Founded in 1856, Plaintiff Seton Hall University, located in South Orange, New Jersey, is the oldest Diocesan university in the United States, and is home to eight (8)schools, over sixty (60) majors and about ten thousand (10,000) students.2.In August 2008 Plaintiff applied to the Board for preliminary and final site plan approval and use variances, bulk variances and waivers for a 0.306 acre parcel previouslyused as a medical home office, identified on the Township tax map as Block 901, Lot 4 andcommonly known as 1 South Centre Street (the “Office Lot”). The Office Lot is located at thecorner of South Centre Street and South Orange Avenue, a heavily traveled county roadway. TheOffice Lot is oversized by comparison to other lots on South Centre Street.

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3.In addition to the Office Lot, Plaintiff is the owner of a 57.23 acre parcelof land which adjoins the Office Lot and is identified on the Township tax map as Block 901, Lot3 and commonly known as 400 South Orange Avenue, on which the University campus islocated (the “University Lot”).4.The Office Lot is located in the RA-60 Zone and the University Lot islocated in the University Zone.5.The University purchased the Office Lot on December 31, 2007. For decades prior to Plaintiff’s purchase of the Office Lot, the two-story building located on theOffice Lot was used as a doctor’s office with residence above. Such professional office use wasa permitted conditional use in the RA-60 Zone.6.Plaintiff made application to the Board for site plan approval in order tocontinue and expand the office use of the Office Lot by converting the premises to approximatelyten (10) faculty offices for use by Plaintiff’s Reserve Officer Training Corps (ROTC) program,also known as the Military Science Department (the “Military Science Offices”). The MilitarySciences Department is a core academic department of the University, having been located onthe University campus since 1893. The University had determined that the present spaceoccupied by the Military Science Department needed to be renovated for other uses and that theOffice Lot represented an ideal new location for such use. The University’s application includedsite plan approval to modify the existing University parking area adjoining the Office Lot tocreate a pedestrian entrance from the University campus to the Office Lot.7.Plaintiff requested that the Board grant a use variance from the provisionsof the Township’s Zoning Ordinance to permit the Military Science Offices use in the RA-60Zone, variances from certain bulk area requirements of the Township’s Zoning Ordinance andcertain administrative waivers. Several of the bulk variances are related to pre-existingconditions. Plaintiff’s application included site plans, zoning tables, general property

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information, expert testimony, and such other proofs required under the Township’s ZoningOrdinance and the Municipal Land Use Law (hereinafter referred to as the “MLUL”).8.The Board attorney correctly advised the Board that a vote on the usevariance sought under N.J.S.A. 40:55-70(d) necessarily included all of the bulk variances soughtunder N.J.S.A. 40:55-70(c), and therefore a positive vote on the use variance would apply to allof the bulk variances as well.9.Plaintiff appeared before the Board at public hearings held on December 2, 2008, December 9, 2008 and February 10, 2009. Five (5) witnesses gave sworn testimony on behalf of the application and documentary evidence was received into evidence in support of theapplication. Public comments to the extent proffered were received and legal argument wassubmitted by counsel for Plaintiff.10.Testimony provided by representatives and experts of Plaintiff demonstrated that the Military Science Offices use of the Office Lot is an inherently beneficialuse that will neither have a substantial negative impact on the surrounding area nor substantiallyimpair the intent or purpose of the Township Zoning Ordinance. In addition, representatives of Plaintiff demonstrated that the proposed location is particularly well suited for the MilitaryScience Department’s needs. Plaintiff’s experts revised the site plans several times to addressconcerns raised by the Board.11.At the February 10, 2009 hearing, Plaintiff’s counsel stipulated that, if granted, the use variance would run with the University and would not be usable by anyone butthe University. Plaintiff’s counsel further stipulated that the use variance would be limited toacademic office use by Seton Hall University.12.On February 10, 2009, at approximately 12:00 a.m., the Board voted todeny the use variance without specifically discussing the bulk variances, administrative waiversor site plan approvals sought by the University.

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Seton Hall Appeal of Use Variance May 09

Appeal filed by Seton Hall University against South Orange's decision not to provide a variance for 1 South Centre Street.

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Category:	Business/Law > Finance
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Upload Date:	05/21/2009
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Tags:	zoning variance seton hall south orange 1 south centre street the local (more tags) zoning variance seton hall south orange 1 south centre street the local new york times blog (fewer)