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Planner and board debate legal standard for approving non‑permitted worship use
Summary
Planner testimony and an exchange with the board solicitor emphasized that a D‑1 use variance must meet positive and negative criteria under the Municipal Land Use Law; the board solicitor cited recent court rulings that limit reliance on the 'inherently beneficial' label alone.
At the Aug. 6 hearing, planner Kevin O'Brien reviewed the statutory three‑prong D‑1 standard (special reasons, positive criteria and negative criteria) and discussed how the applicant's proposal must be evaluated against the municipal master plan and zoning. O'Brien said the applicant may argue the proposed religious use is inherently beneficial, but that board members still must be shown how the project meets positive criteria and will not adversely affect the zone.
The board solicitor emphasized recent New Jersey Supreme Court guidance and told the board that a finding of "inherently beneficial" use alone will not automatically satisfy the statutory burden. "The concept that you get past 1 of the prongs of the CICA test because it's an inherently beneficial use does not in and of itself fly anymore," the solicitor said, urging the planner and applicant to provide a clear planning memo linking the proposal to the master plan. Kevin O'Brien and other professionals agreed the application requires clarified testimony and, potentially, supplemental reports when it returns to the board in October.
