PAUL CORTESINI & THOMAS ZOLA V. HAMILTON TWP. PLANNING BOARD AND WAL-MART ESTATE BUSINESS TRUST A-3309-09T1 12-14-10
If an applicant for subdivision or site plan approval fails to apply for and obtain a necessary bulk variance, the land use approval may be challenged on that ground. However, if no party brings a timely challenge to the land use approval on that ground, a new site approval for a renovation of the premises, which does not increase or affect the existing nonconformity with the zoning ordinance, is not subject to attack on the ground that original land use approval did not include a necessary bulk variance.
