84 Orchard Street Owner Subdivision Appeal to be Discussed by Planning Board

| 13 Comments

The zoning board recently denied a subdivision request from the owners of the property at 84 Orchard Street. There is no avenue within our municipal government for a zoning board decision to be appealed.  Thus, the owner is appealing this decision in the NJ court system and vows to take it all the way to the New Jersey Supreme Court.

What does a subdivision do to a neighborhood like Orchard Street, to a community like Metuchen? Are there any positives or is it just a negative situation all around?

13 Comments

Yes we do.

Too much government in this state. Do we have to send a lawyer to represent Metuchen in the higher court?

Yes it was the planning board, but the ordinance is commonly called the zoning ordinance, regardless of which board is ruling on it.

I don't believe the zoning board had anything to do with this application. It was a planning board matter.

It's the same size as the lot recently approved to be subdivided at 33 Myrtle. Appears they are hanging their hat on the "charcter of the neighborhood" provision in the Master Plan, due to the larger lot sizes on Orchard. That was the last lot of that size left on Myrtle.

That seems like a small plot to divide.
What about the impact that the subdivision has on the town in terms of traffic and more kids in the schools.

What is the lot size? I've driven past it and it does seem small for a subdivision. I know there are some larger homes near it, but those lots seem bigger.

In the initial application the presumption is that any zoning ordinance or master plan element is valid and the burden is on the applicant to show why a variance should be granted. Don't know if that shifts during the appeal process. Dave?

Is the presumption that a variance should be granted, or that it should not? Who has to make the case -- the applicant in asking for the variance, or the Zoning Board in denying it? Who has the burden of proof?

Shouldn't that be in the past tense as May 21 has passed?

That's a tough one - there are a variety of lot sizes on Orchard, but the lots adjacent to this one are large and one has a deed restriction. You're not entitled to a variance, but any denial has to be based on specific grounds and supportable by the master plan.

Well, one would imagine that there would be a positive, at least for the property owner.

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Recent Comments

  • Anonymous: Yes we do. read more
  • Anonymous: Too much government in this state. Do we have to read more
  • Anonymous: Yes it was the planning board, but the ordinance is read more
  • Anonymous: I don't believe the zoning board had anything to do read more
  • Anonymous: It's the same size as the lot recently approved to read more
  • Anonymous: That seems like a small plot to divide. What about read more
  • Anonymous: 100 x 150 http://tax1.co.monmouth.nj.us/cgi-bin/m4.cgi?&district=1209&block=215&lot=61&qual= read more
  • Anonymous: What is the lot size? I've driven past it and read more
  • Anonymous: In the initial application the presumption is that any zoning read more
  • Anonymous: Is the presumption that a variance should be granted, or read more

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