Prior Resolutions of Approval submission

FINAL - V1 — SKW - 10.18.23 criteria test as other subsection (d) variance applicant. See Fin. Serv. v. Little Ferry Zon. Bd. of Adj., 326 N.J. Super. 265, 275-276 (App. Div. 1999). 39. Accordingly, the Board notes that the positive criteria for (d)(2) expansion of use variance relief is established by a showing of "special reasons" to permit " an expansion of a nonconforming use." New Jersey Courts recognize three circumstances in which such "special reasons" may be found: (1) where the proposed use inherently serves the public good, such as a school, hospital or public housing facility; (2) where the property owner would suffer "undue hardship" if compelled to use the property in conformity with the permitted uses in the zone; and (3) where the use would serve the general welfare because “the proposed site is particularly suitable for the proposed use." See Saddle Brook Realty, LLC v. Twp. of Saddle Brook Zoning Bd. of Adj., 388 N.J. Super. 67, 76 (App. Div. 2006). 40. The Board further recognizes that when a proposed use is held to be an "inherently beneficial" use, the positive criteria for use variance relief is presumptively satisfied. Smart SMR v. Fair Lawn Bd. of Adj., 152 N.J. 309, 323 (1998), citing Burbridge v. Mine Hill Tp, 117 NJ. 376, 394 (1990); Accord, Cell v. Zoning Bd. of Adjustment, 172 N.J. 75, 90 (2002); Salt & Light Co. v. Willingboro, 423 N.J. Super. 282, 287 (App. Div. 2011), certif. den. 210 N.J. 108 (2012); House of Fire v. Clifton Bd. of Adj., 379 N.J. Super. 526, 535 (App. Div. 2005); Med. Ctr. v. Princeton Tp. Zoning, 343 N.J. Super. 177, 200 (App. Div. 2001). An "inherently beneficial" use is defined at N.J.S.A. 40:55D-4 (emphasis added) as: "[...] a use which is universally considered of value to the community because it fundamentally serves the public good and promotes the general welfare. Such a use includes, but is not limited to, a hospital, school, child care center, group home, or a wind, solar or photovoltaic energy facility or structure." 41. Additionally, the Board recognizes that the "negative criteria" for all forms of variance relief pursuant to N.J.S.A. 40:55D-70 et seq., including (d)(2) expansion use variances, 15