NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-4076-06T24076-06T2

JEFFREY MADOLE and

LYDIA IAVARONE,

Plaintiffs-Respondents,

v.

ZONING BOARD OF ADJUSTMENT

OF THE TOWNSHIP OF HOWELL,

Defendants,

and

ROBERT SCHMIDT and

JUDY SCHMIDT,

Intervenors-Appellants.

___________________________________________________________

Argued February 11, 2008 - Decided

Before Judges Lintner, Graves and Alvarez.

On appeal from Superior Court of New Jersey,

Law Division, Monmouth County, L-3725-06.

Michele R. Donato argued the cause for

appellants.

Robert A. Rothstein argued the cause for

respondents (Rothstein, Mandell, Strohm &

Must, attorneys; Mr. Rothstein, on the

brief).

PER CURIAM

After the Howell Township Board of Adjustment (Board) denied their application for a use variance to operate "a dog obedience training facility," plaintiffs Jeffrey Madole and Lydia Iavarone filed a complaint in lieu of prerogative writs alleging the Board's decision "was arbitrary, capricious and unreasonable." Following a bench trial, the court entered an order on February 28, 2007, granting the variance and imposing conditions. On appeal, intervenors Robert Schmidt and Judy Schmidt contend the Board's decision was sound, and the trial court erred by substituting its judgment for that of the Board. Because we agree the Board's decision should have been sustained, we reverse the order entered by the trial court.

Plaintiffs reside at 319 Oak Glen Road in Howell Township, Monmouth County, on a 3.67-acre lot (the property), which is owned by Lydia Iavarone. The property is designated as lot 40 in block 41 on the tax maps, and it is located within an ARE-6 (Agricultural Rural Estate) Zoning District, which requires a minimum lot area of six acres. The purpose and permitted land uses in the ARE-6 zone are as follows: