The Superior Court of New Jersey Appellate Division has affirmed a Jersey City Zoning Board of Adjustment decision from last year that approved 30-unit development for 141 Brunswick Street.
By John Heinis/Hudson County View
“In sum, as all of Judge Militello’s findings were supported by sufficient evidence in the record, his findings and those of the Board, are entitled to our deference. We, therefore, affirm the trial court’s order of October 19, 2019, affirming the Board’s decision granting variance relief and site plan approval,” Appellate Judges Joseph Yannotti and Arnold Natali ruled.
The developer, Brunswick JC Group LLC, received approval from the zoning board almost exactly one year ago, which would allow them to construct a five-story, 30-unit project with 15 parking spaces to replace a vacant funeral home.
They requested variances to build four extra units, one extra story, as well as greater building and lot coverage.
Their were some caveats for the approval: the fifth story had to be reduced by 1,000 square feet with a “green” roof made possible, making open terrace space on the second floor, and installing street trees and landscaping.
While the Village Neighborhood Association argued that the zoning board’s decision was arbitrary and capricious, the appellate division agreed with the lower court’s ruling.
” … We find no basis to disturb Judge Militello’s factual findings, all of which are well supported by the record and reject plaintiff’s contention that the Board made inadequate findings to support its conclusions,” the appellate decision says.
“To the contrary, after clearly considering the expert testimony and other evidence presented during the hearing, the Board issued a comprehensive resolution detailing the factual and legal bases for its approval of the application, including the request for variances on height, density, bulk, and parking.”