[brief] Defendants-respondents allege Ordinance Sec. 906, Pa 65a, authorized a direct appeal to the ZBA of HPC Resolution HPC 2020-226 denying CofA approval for the three (3) unit paver walkways installed at the Property without the Zoning Officer’s subsequent denial of the issuance of a zoning permit for the walkway work.  In its April 28, 2023 decision denying plaintiffs’-appellants’ Motion for Summary Judgment, the Court recognized “there is no explicit grants of authority under the MLUL granting Zoning Boards appellate authority over determinations made by the Historic Preservation Commission without an accompanying action taken by an administrative officer pursuant to Commissioner’s determination. ”  5T17 – 7 to 12.  However, the Court went on to hold that the provisions of N.J.S.A. 40:55D-70 authorizing zoning boards of adjustment to decide request for interpretation of the zoning map or ordinance and to grant variances, did not preclude the Township from providing for such direct appeal of HPC determinations.  “While direct appeal from determinations of the Historic Preservation Commission may not be expressly provided by the MLUL, absent some subsequent Government action, a Township is not necessarily foreclosed upon from providing that right of appeal. ”  5T18 – 4 to 8.  Section 906 of the Ordinance states in pertinent part “any decision by the Historic Preservation Commission to deny a Certificate of Appropriateness... may be appealed to the Zoning Board of Adjustment in the manner set forth in Section 706 (Appeals and Applications to the ZBA) of the Zoning Ordinance. ”; Pa 65a.  Section 706A of the Ordinance states in pertinent part “Appeals to the Zoning Board of Adjustment may be taken by an interested party affected by any decision of the Administrative Officer of the municipality based or made in the enforcement of the Ordinance or a duly adopted official map. ”; Pa 61a.  Section 201 of the Ordinance defines “administrative officer” as “The [...] Zoning Officer, or the Zoning Officer’s designee. ”; Pa 29a.  N.J.S.A. 40:55D-70(a) authorizes boards of adjustment to “(a) hear and decide appeals where it is alleged by the applicant that there is error in any order, requirement, decision or referral made by an administrative officer based on or made in the enforcement of the zoning ordinance. ”  N.J.S.A. 40:55D-70.2 extends ZBA appellate authority under N.J.S.A. 40:55D-70(a) to include action of an administrative officer taken “pursuant to a report submitted by the historic preservation commission or planning board in accordance with Section 25 of P.L. 1985, C. 216 (C. 40:55D-111)...”  Direct appeal to the ZBA of HPC determinations is not authorized by either statute.  Under the MLUL, N.J.S.A. 40:55D-111, the HPC lacks decision making power and may only make recommendations regarding the issuance or denial of permits to the appropriate administrative officer or planning board.  See, also; Cox & Koening Supra. Ch. 4, Sec. 4-1.6, Appeals from permit application decisions.  Section 906 of the Ordinance providing for a direct approval of HPC determinations and recommendations to the ZBA is not authorized by the MLUL, N.J.S.A. 40:55D-80(a) and N.J.S.A. 40:55D-70.2.  Section 906 of the Ordinance authorizing a direct appeal of HPC determinations to the ZBA is ultra vires and void.