Supporting Documentation · May 28, 2026
Prior Resolutions of Approval submission
bb31006bbb79f35f308cc95608510940a3a996a02195a8c6f317b79cef192b40Indexed text · page 40
Show all pagesWe hold that the proposed use is inherently beneficial. Scholastic operates a bus business for the transportation of school children, fulfilling the public obligation to transport children. A school bus facility is a use necessarily accessory to the school buildings themselves, and as such, it is clearly inherently beneficial in the zoning sense. Even if not an inherently beneficial use, the evidence before the Board clearly established that the proposed site is clearly suitable for the proposed use and, therefore, satisfied the positive criteria. Id. at 55 (internal citations omitted). 9. Thus, the Appellate Division reversed the denial of the variance. While in Scholastic Bus the Appellate Division cited to the New Jersey Constitution that transporting children fulfills a public obligation, in today's age when various municipalities with the support of government are actively advancing charter schools, school vouchers for private schools and other related items, education, whether by the public or private system, is inherently beneficial. All of the objectors appear to agree that if Seton Hall were proposing constructing its school at the Subject Property, it would be inherently beneficial. As noted above, if transportation of children makes a school bus maintenance depot and parking lot for school buses an inherently beneficial use due to its relationship to the education of children, given that athletic facilities are an integral part of the high school experience and curriculum in both public and private high schools provide, not only in New Jersey, but throughout the United States, then the expansion by -40-
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- Sep 29, 2026
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