Supporting Documentation · Jun 15, 2022
2 ZBA Application
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Show all pages3. Thus, any attempt to distinguish or discriminate between Seton Hall as a private school and what may be permissible for a public school cannot be permitted. 4. The fact that the Seton Hall educates only a small number of West Orange residents is irrelevant. The Board’s review of an Application should not simply stop at the Township's borders because many uses serve a larger, more regional purpose. Examples are hospitals, nursing homes, assisted living facilities, and various forms of manufacturing, businesses or commercial uses such as shopping centers or supermarkets. Each such use serves not only the residents of a particular township such as West Orange, but also the broader, larger community outside of West Orange. 5. The New Jersey Supreme Court in two separate decisions has likewise held that the fact that a particular Application to a zoning board will serve the larger community and not solely that township itself is not a negative or relevant factor. In Andrews v. Ocean Township Board of Adjustment, 30 N.J. 245 (1959), the Supreme Court was faced with reviewing an application that permitted the use of residential premises for a parochial school as living quarters for the teachers. The Supreme Court noted, “plaintiffs complain the school will serve the entire parish of which the township is not a part. No infirmity inheres in that circumstance. A municipality may provide cooperatively for the needs of neighboring communities as well as its own.” Id. at 251. Likewise, in hip Committee of Denville v. Board of Education, 59 N.g. 143 337
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