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<br />October 10, 20091 Volume 3 I No. 19 <br /> <br />Zoning Bulletin <br /> <br />See also: New Par v. City of Saginaw, 301 R3d 390 (6th Cir. 2002). <br />See also: AT & T Wireless PCS, Inc. v. City Council, 155 R3d 423 (4th <br />Cir. 1~98). <br /> <br />.-,~ <br />I ' <br />\ <br /> <br />Case Note: The court explained that a determination of what sat- <br />isfies the TCA's "in writing" requirement varies among the United <br />States Court of Appeals circuits. Since both parties and the district <br />court followed the majority view, the court assumed, without deci- <br />sion, that they were correct. Therefore, in reaching its conclusion, it <br />followed that standard: a written denial would meet the TCA's "in <br />writing" requirement only if it contained "a sufficient explanation <br />of the reasons for the permit denial." <br /> <br />Case Note: Sprint had "complained" that paragraph D of the Com- <br />mission's denial merely recited a section of the Regulations. The <br />court noted that nothing in the TCA's "in writing" requirement pre- <br />cluded a zoning board from citing a local zoning code's. provisions <br />as the reasons for a denial. <br /> <br />Case Note: Sprint had also challenged the denial, arguing it was not '(/,-\. " <br />supported by substantial evidence contained in .the record, as re- .) <br />quired by the TCA. The court found that "the Commission's denial <br />of the application based on the reasons stated in paragraph D [was] <br />'supported by substantial evidence contained in a written record.' " <br />Consistent with the Regulations, the Commission had determined <br />that the aesthetlc concerns specific to this proposed tower made ap- <br />proval inappropriate. <br /> <br />Variance-Board denies use variance requested <br />for affordable housing units <br /> <br />Denial is based on fact that township already met its state- <br />mandated obligations for affordable housing <br /> <br />Citation: Homes of Hope, Inc. v. Eastampton Township Land Use Plan- <br />ning Board, 2009 WL 2579405 (N.].Super.A.D. 2009) , <br /> <br />NEW JERSEY (08/24/09)-Homes of Hope, Inc. sought to create <br />eight affordable housing units on an .848 acre lot in the township. The <br />lot was located in a residential zone that allowed single-family homes (,'"J <br />but did permit multi-family dwellings. The lot already housed a build- . <br />ing containing four dwelling units. Homes of Hope's proposed construc- <br />tion of two duplexes on the lot required a use variance. To obtain a use <br /> <br />8 <br /> <br />@ .2009 Thomson Reuters <br /> <br />90 <br />