33 Mount Pleasant Ave ZB 24 12 Planning Review October 28 2024

10 | Page 105 Grove Street, Suite 3 Montclair, NJ 07042 www.Nishuanegroup.com 973.954.2677 If the use is held to be inherently beneficial, it presumptively satisfies the positive criteria for grant of a use variance. There still must be a consideration of the negative criteria. In Sica vs. Board of Adjustment of Township of Wall, a new balancing test was advance for such uses. As outlined in the court decision, 1. The board should identify the public interest at stake. 2. The Board should identify the detrimental effect that will ensue from the grant of the variance. 3. In some situations, the local board may reduce the detrimental effect by imposing reasonable conditions on the use. 4. The Board should then weigh the positive and negative criteria and determine whether, on balance, the grant of the variance would cause a substantial detriment to the public good. If the Board finds the propose use to be inherently beneficial, the applicant shall provide the testimony in accordance with the Sica test to the Board’s satisfaction.