Arlington Associates v. Township Council of Parsippany-Troy Hills
Arlington Associates v. Township Council of Parsippany-Troy Hills
Opinion of the Court
This is an appeal from the entry of summary judgment in the Law Division, Morris County, in three
We reverse the summary judgment and remand for a plenary trial, with the following observations:
(1) We find no statutory or other basis for the appeal to the governing body from an approval of a site plan by a planning board. The provisions of W. J. 8. A. 40:55-1.19 relate to subdivisions and are intended to apply only to subdivision matters. This conclusion was established in Kotlarich v. Mayor, etc., Ramsey, 51 N. J. Super. 520, 531 (App. Div. 1958).
(2) We conclude that section 401.6 of the township zoning ordinance is in no matter applicable to the situation presented in this case; that section of the ordinance deals with driveways which give access directly onto a public street. That situation is not presented here.
(3) The majority vote of a quorum of a planning board is sufficient íot action by a planning board. It is not necessary that a member of a planning board be present at •every session of the board at which a particular matter is considered in order for that member to be eligible to vote on that matter, unless it is shown that testimony was taken at a hearing at which a voting member was not present, and that testimony was not transcribed for consideration by the absent member. Other evidence, such as maps and written exhibits, may be reviewed by an absent member prior to a •vote being taken. We do not find McAlpine v. Garfield Water Com’n, 135 N. J. L. 497 (E. & A. 1947), or Highpoint, Inc. v. Bloomfield Planning Board, 80 N. J. Super. 570 (Law Div. 1963), rev’d 87 N. J. Super. 58 (App. Div. 1964) ap
(4) We find .the record before us completely deficient for purposes of determining the validity or applicability of the newly adopted section 401.9 of the township zoning ordinance. We have grave doubt, based on what is before us presently, as to the inclusion of “local streets” within the provisions of this section. We have difficulty in justifying the general prohibition of access to a property by a back or side street simply because the property fronts on a “primary arterial road.” This question should be explored at the plenary hearing.
We find no merit to the other points raised on this appeal.
The judgment is reversed and the matter remanded for a plenary trial. ISTo costs.
Reference
- Full Case Name
- ARLINGTON ASSOCIATES, A NEW JERSEY PARTNERSHIP AND ARLINGTON SHOPPING PLAZA, INC., A NEW JERSEY CORPORATION v. TOWNSHIP COUNCIL OF THE TOWNSHIP OF PARSIPPANY-TROY HILLS DEFENDANTS-RESPONDENTS
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- 3 cases
- Status
- Published