QUESTION

What ramifications do we have when we dont agree with the planning board

Asked on Apr 18th, 2016 on Zoning, Planning and Land Use - New Jersey
More details to this question:
We have avacation home in Avon Nj that was destroyed on the first floor because of hurricane sandy. We have not been able to demolish and rebuild because we were educating our children, the house has a detached garage apartment and this was not effected by the storm. We have been to the planning board twice and it seems that they will not approve our petition to tear down and rebuild a house and have the garage apt. renovated on the outside... My question is what recourse do we have? Can we just seek approval for the house and forget the garage. It seems that the town wants us to tear down the garage apt. also, because they feel its too big, I do not want to do that because we renovated the inside apartment last year and spent 30,000. It seems ridiculous that we are being forced to do that and all we want to do is an improvement. I dont know what to do.
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1 ANSWER

Elder Law Attorney serving Toms River, NJ
Partner at Diana L. Anderson
2 Awards
You can always appeal the decision of the Board to the Superior Court.  You can file a complaint in the Superior Court alleging that the decision was not proper and seek to have it overturned.  You need to consult with a land use attorney and review the transcript and informaiton presented to the board to determine if you have a viable case.
Answered on Apr 20th, 2016 at 8:25 AM

Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship

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