This article addresses the question of whether “c” bulk variances under N.J.S.A. 40:55D-70c are “subsumed” in the grant of a “d(1)” use variance under N.J.S.A. 40:55D- 70d(1). In other words, is a “c” bulk variance necessarily included or encompassed as a component element within a “d(1)” use variance?3
There appears to be just one Supreme Court opinion and only four Appellate Division opinions that deal directly or indirectly with this issue and they create more confusion than clarity as to precisely what is intended when the courts have at times referred to a “c” bulk variance as being “subsumed” in the grant of a “d” use variance.
For the full article click here: Are ‘C’ Bulk Variances Subsumed In ‘D’ Use Variances?