Ten Stary Dom Partnership, Plaintiff-Appellant v. T. Brent Mauro and the Borough of Bay Head Planning Board…

Summary

The Supreme Court of New Jersey affirmed, as modified, the Appellate Division’s judgment granting a bulk frontage variance to Mauro. The Court held that the Planning Board improperly weighed drainage and fire‑safety concerns as negative criteria, that Mauro satisfied both the positive and negative criteria for a variance, and that the Board’s denial without prejudice violated res judicata. The decision also clarified that site‑plan review is not required for single‑family residential applications.