BARBARA J. WILLIAMS, of full age, being duly sworn. 1. I am the attorney for plaintiffs in the abovereferenced

Similar documents
TOWNSHIP OF PISCATAWAY APPLICATION FORM FOR VARIANCE

SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION MIDDLESEX COUNTY. * ) Plaintiffs, ) v. ) Docket No. C CONSENT ORDER

JOH. Plaintiff, Randolph Township Industrial Complex, a New Jersey. Partnership, by way of Complaint against the defendants, says: FIRST COUNT

TO BE COMPLETED BY BOROUGH STAFF ONLY. Date Filed Application No. Zoning Board Application Fees. Scheduled for: Review for completeness Hearing

(Council) upon the application of the Civic League of Greater. New Brunswick (League) for an Order prohibiting the Township of

BUSCH AND BUSCH COUNSELLORS AT LAW 99 BAYARD STREET P. O. BOX 33 NEW BRUNSWICK, N. J

THE BOARD REQUIRES (1) ORIGINAL APPLICATION PACKET WITH RAISED SEALS AND 16 COPIES OF THE PACKET TO INCLUDE THE FOLLOWING:

JOINT PLANNING BOARD APPLICATION FORM

By motion dated January 3, 2 008, the New Jersey Council. on Affordable Housing (the "Council" or "COAH") received a request

ORDER AND JUDGMENT dl feg&e pi (OLD BRIDGE)

City of Burlington Joint Land Use Board. Land Use Development Application Application Submission Section A

WILENTZ, GOLDMAN & SPITZET. A motcsstonal COR»OAATtON ATTORNEYS AT LAW PLAZA 9 BUILDING BOO ROUTE 9 P.O. BOX IO WOODBRIOGE. N. J.

) V. OPINION ) TOWNSHIP OF CHERRY HILL, NEW JERSEY, ) Defendants. )

MOUNT OLIVE TOWNSHIP ZONING BOARD OF ADJUSTMENT VARIANCE APPLICATION INSTRUCTIONS

Town of Morristown PLANNING BOARD and ZONING BOARD OF ADJUSTMENT 200 South Street Morristown, NJ APPLICATION GUIDELINES

' f7 - p, RE: URBAN LEAGUE OF GREATER NEW BRUNSWICK VS. MAYOR S COUNCIL OF THE BORO OF CARTERET. ET ALS DEAR MR. SEARING:

MINOR SUBDIVISION INSTRUCTION SHEET IN ORDER TO BE CLASSIFIED AS A MINOR SUBDIVISION, THE PROPOSED SUBDIVISION MUST MEET THE FOLLOWING CRITERIA:

D Minor* or Major Subdivision Final Approval

Township of Denville Affordable Housing Update Facts & Frequently-Asked Questions

Docket No Motion No BRIEF AND APPENDIX IN OPPOSITION TO MOTION FOR LEAVE TO APPEAL AN INTERLOCUTORY ORDER AND STAY ENFORCEMENT PENDING APPEAL

This matter having been opened to the Council on Affordable Housing by. applicant Borough of Oceanport, on a motion to exclude from consideration for

PLANNING BOARD APPLICATION

New Brunswick, New Jersey March 1, 1976

The plaintiffs-intervenors, Jack Mailman, residing at Aaron Road, Township of North Brunswick, County of Middlesex,

TOWNSHIP OF BRICK LAND DEVELOPMENT APPLICATION

INSTRUCTIONS FOR FILING A PLANNING/ZONING BOARD APPLICATION

Borough of Roselle Planning Board and Board of Adjustment Notice to Applicant

Status of Affordable Housing Litigation as of December 31, 2018

TOWNSHIP OF MANALAPAN Department of Planning & Zoning 120 Route 522 & Taylors Mills Road, Manalapan, NJ Fax (732)

COUNCIL ON AFFORDABLE HOUSING DOCKET NO. COAH THE HILLS DEVELOPMENT CO., ) Plaintiff ) v. ) TOWNSHIP OF BERNARDS, ) Defendant, )

BOROUGH OF ROCKLEIGH. Sign Application Rockleigh Planning Board Table of Contents. Overview..Page 2. Planning Board Procedures...

Plaintiff, Defendant. Plaintiff, a New Jersey corporation, having its principal. office at 130 Davidson Avneue, Somerset, Somerset County, New

INSTRUCTIONS FOR APPLICANTS FILING APPLICATIONS BEFORE THE LOGAN TOWNSHIP PLANNING BOARD

Public Hearing Procedures Of the Township of Mahwah Zoning Board

Spending Plan TOWNSHIP OF LIVINGSTON

I certify that the foregoing statements made by me in the annexed

CITY OF VINELAND ZONING BOARD OF ADJUSTMENT APPLICATION INSTRUCTION SHEET

TOWNSHIP OF WEST ORANGE 66 MAIN STREET, WEST ORANGE, N.J Zoning Board of Adjustment Annual Report 2016

1 st Hearing: 2 nd Hearing: Publication Dates: Notices Mailed: Rezone, Special Exception and Variance APPLICANT INFORMATION PROPERTY INFORMATION

Highlands County, Florida Variance Application

This is a motion filed by Middletown Township. ("Middletown") in Monmouth County requesting the following relief

COUNCIL ON AFFORDABLE HOUSING DOCKET NO.CO/\W W IN RE FANWOOD/MOTION TO ) OPINION

SECTION 3.1 Zoning Permit Required for Construction, Land Use and Development.

BOARD OF ZONING APPEALS APPLICATION REQUIREMENTS

SUPERIOR 'COURT OF NEW JERSEY CHANCERY DIVISION - MIDDLESEX COUNTY. Docket No. C URBAN LEAGUE OF GREATER NEW BRUNSWICK, et al.

Public Portion: Mr. Bianchini opened the public portion. There being no comment, the public portion was closed. Resolutions:

LAW OFFICES STONAKER AND STONAKER 41 LEIGH AVENUE P. O. BOX 57O PRINCETON. NEW JERSEY O854O. Urban League et als v.

Highlands County, Florida Special Exception Application

GREATER ATLANTIC LEGAL SERVICES, INC.

WITNESSETH: WHEREAS, the Project Site is currently owned by The Hartz Mountain Corporation and the Entity is the contract purchaser thereof; and

IN RE MOTION TO RESCIND ) NEW JERSEY COUNCIL ON BOROUGH OF ALLENDALE'S ) AFFORDABLE HOUSING SUBSTANTIVE CERTIFICATION ) OPINION COAH DOCKET #

GRAND IMPERIAL LLC, IMPERIAL V LLC, IMPERIAL Part 2 COURT MANAGEMENT, MICHAEL EDELSTEIN, (Hon. Kathryn Freed, J.S.C.) Defendants. : ss.

CITY OF NORTH PORT Neighborhood Development Services Planning Division Relocation of Easement Packet

TOWNSHIP OF BASS RIVER BURLINGTON COUNTY, NJ P.O. BOX North Maple Avenue New Gretna, New Jersey LAND USE APPLICATION FORM

TOWNSHIP OF WATERFORD 2131 AUBURN AVE., ATCO, NJ 08004

City of Winter Haven Application to Amend Future Land Use Map 451 Third Street, NW Winter Haven, Florida Telephone:

Preliminary Subdivision Application (Minor) (Three (3) lots or less)

The purpose of this Chapter is to establish rules, regulations, standards and procedures for approval of subdivisions of land to promote and ensure:

City of East Orange. Department of Policy, Planning and Development LAND USE APPLICATION & SITE PLAN REVIEW CHECKLIST

PRELIMINARY PLAT APPLICATION INFORMATION

ROLLING HILLS CONDOMINIUM ASSOCIATION, INC. POLICY RESOLUTION No , INSTALLATION OF WINDOW AIR CONDITIONING UNITS

Please read instructions!!

Ordinance No Affordable Housing Ordinance Borough of Glen Ridge, Essex County

Pondview, and a Scarce Resource Restraint imposed by the Council on June 13, All briefs have been filed and the appeal is pending in the

IN RE TOWN OF ) SECAUCUS/XCHANGE AT ) SECAUCUS JUNCTION ) OPINION INCLUSIONARY DEVELOPMENT ) DOCKET # /

City of Shenandoah Development Package

APPLICATION FOR NOTICE OF PROPOSED CHANGE

ARTICLE III GENERAL PROCEDURES, MINOR PLANS AND FEE SCHEDULES

2. Rezone a portion of the lot from R2 (Small Lot Residential) to RD2 (Duplex: Housing Lane).

NEW JERSEY COUNCIL ON AFFORDABLE HOUSING DOCKET NO. COAH In Re: PETITION FOR SUBSTANTIVE CERTIFICATION OF RAMSEY BOROUGH, BERGEN COUNTY

APPLICATION PACKET SUBDIVISION PLAT REVIEW TENTATIVE PRELIMINARY PLAT

1 S Central Ave, PO Box 2286 Umatilla, FL (352) Fax# (352)

VACATION OF EASEMENT/RIGHTS OF WAY

PLANNED DEVELOPMENT PLAN AGREEMENT/AMENDMENT

CITY OF NAPLES STAFF REPORT

APPLICANT NAME: MAILING ADDRESS OF PROPERTY PROPOSED FOR DEVELOPMENT (include number, street, post office, CASE #:

AFFORDABLE HOUSING. Overview

LARGE SCALE LAND USE PLAN MAP AMENDMENT

GREATER ATLANTIC LEGAL SERVICES, INC.

VARIANCE APPLICATION

CHATHAM BOROUGH PLANNING BOARD

MAJOR RESIDENTIAL AND NONRESIDENTIAL SUBDIVISIONS

VARIANCE FROM THE DEVELOPMENT STANDARDS APPLICATION PROCEDURES

MINOR PLAT AMENDMENT APPLICATION CHECK APPLICABLE PERMIT ATTACHMENT:

APPLICATION PROCEDURES FOR A MAJOR SUBDIVISION PRELIMINARY PLAT

In the Matter of the Application of the Township of Denville Docket No. MRS-L

CITY OF LEE S SUMMIT MINOR PLAT PROCESS. Purpose of Minor Plats

COUNTY PARCEL MAP - APPLICATION INFORMATION PLEASE READ CAREFULLY - ANSWER ALL QUESTIONS BEFORE SIGNING AND FILING.

COMPREHENSIVE PLAN TEXT AMENDMENT

Township of Lumberton Land Development Board Regular Meeting December 16, 2015

Submission Checklist: The County needs the following materials and the applicable fee. Please use as a checklist. Attached or Provided ( )

Information Only. WHEREAS, the collection of development fees will assist the Township in meeting its affordable housing obligations; and

Preliminary Subdivision Application (Major) (Four (4) lots or more)

INSTRUCTION PACKET FOR APPLICANTS BEFORE THE TOWNSHIP OF CRANBURY S PLANNING OR ZONING BOARD OF ADJUSTMENT

ARTICLE XXIII ADMINISTRATION

T E M P O R A R Y B A N N E R P E R M I T P R O C E D U R E

PETITION TO VACATE A STREET, ALLEY, OR EASEMENT APPLICATION

Affordable Housing. Settlement of Ridgewood s Affordable Housing Litigation. December 5, Elizabeth McManus, PP, AICP, LEED AP

IN RE CLINTON TOWNSHIP, ) NEW JERSEY COUNCIL HUNTERDON COUNTY ) ON AFFORDABLE HOUSING

Certified Survey Map (CSM) Submittal Updated: 6/29/18

Transcription:

o BARBARA J. WILLIAMS, ESQ. Rutgers Constitutional Litigation Clinic 15 Washington St., Newark, N.J. 07102 201/648-5687 BRUCE S. GELBER, ESQ. National Committee Against Discrimination in Housing 733-15th St. NW, Suite 1026 Washington, D. C. 20005 ATTORNEYS FOR PLAINTIFFS URBAN LEAGUE OF GREATER NEW BRUNSWICK, et al., Plaintiffs, SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION MIDDLESEX COUNTY Civil Action C 4122-73 vs. THE MAYOR AND COUNCIL OF THE BOROUGH OF CARTERET, al., Defendants. ] AFFIDAVIT IN SUPPORT OF MOTION FOR TEMPORARY RESTRAINING ORDER AND INTERLOCUTORY INJUNCTION STATE OF NEW JERSEY) COUNTY OF ESSEX ) C! G BARBARA J. WILLIAMS, of full age, being duly sworn according to law, on oath deposes and says: 1. I am the attorney for plaintiffs in the abovereferenced matter. 2. Pending consideration of the vacant land question in Piscataway, the Township, as the Court is aware, has continued to consider and approve applications on properties that appear to be suitable for Mt. Laurel development. 3. On or about October 24, 1984, developer Lackland Brothers, Inc. petitioned the Site Plan/Subdivision Committee of the CA000770V

-2- Piscataway Planning Board for preliminary approval of a subdivision application of seventeen (17) lots located on Hillside Avenue in Piscataway Township. The lots at issue, Site #76, are identified on the Township Tax map as Block 561, Lots 11-15 and 18-21, and Block 564, Lots 29-38, currently zoned as R-10. (The Piscataway Planning Board Site Plan/Subdivision Committee Meeting Agenda of October 24, 1984 is annexed hereto as Exhibit C.) 4. As indicated on the agenda of October 24, 1984 (Item 11), the goal of Lackland Brothers is to construct single family dwellings on the property at issue. 5. I have been informed that the application for preliminary approval was accepted by the Site Plan/Subdivision Committee and scheduled to be heard on November 14, 1984 at 8:00 PM at the regularly scheduled meeting of the Piscataway Planning Board, and may be acted upon at that time. 6. According to the Court-appointed expert, Carla Lerman, P.P., this site is "satisfactory" for Mt. Laurel development, and represents a good "infill" site. I have been advised by plaintiffs' expert, Alan Mallach, that this site can be developed with no negative impact on the existing character of the surrounding area. A conventional single-family subdivision of this site, such as the one proposed by developer Lackland Brothers, Inc., would eliminate a suitable site from consideration toward meeting Piscataway"s fair share obligation. Site #76 is representative of a large number of "infill" sites, especially in the western part

-3- of Piscataway. Despite its small acreage (approximately 3 acres), sites of this general size and character are uniquely suitable for medium townhouse clusters. Additional benefits in constructing townhouses are efficiency and economic incentives. 7. If the application for Site #76 is approved, it will create for the applicant substantial vested rights in the terms and conditions of the approval and may preclude rezoning of the tract for residential use as part of a remedy in this case. 8. On or about October 24, 1984, developer New Castle Builders, Inc. appeared before the Site Plan/Subdivision Committee of the Piscataway Planning Board, seeking a reclassification as a minor subdivision to subdivide property located on Morris Avenue into two (2) lots. The property, Site #44, is designated on the Township Tax map as Block 745, Lots, 3, 4C, 4E and 4. These lots are currently zoned as R-15 and R-15A, and amount to a 20.97-acre parcel of land. (Exhibit C, supra). 9. I have been advised that the developer plans to prepare preliminary and final site plan applications providing for development of luxury condominiums, without any set aside for Mt. Laurel housing. 10. Site #44 is located adjacent to two cemeteries and directly across from an area zoned for planned residential development, with a set-aside density bonus for Mt. Laurel units. 11. If the application for Site #44 is approved, it will create for the applicant substantial vested rights in the terms

o and conditions of the approval and may preclude rezoning of the tract for residential use as part of a remedy in this case. 12. Because the Township of Piscataway has proceeded to receive and approve applications, despite the constraints imposed by the lack of vacant land elsewhere in the Township as identified by the Court-appointed expert, Carla Lerman, P.P., that would be appropriate to meet the Township fair share obligation, plaintiffs continue to be placed in a position of suffering irreparable injury. 13. Any action regarding the vacant land in Piscataway reduces the amount of land available for satisfaction of Piscataway's fair share. 14. The existing situation as to the Lackland Brothers, Inc and New Castle Builders, Inc. sites is further evidence of the irreparable injury that plaintiffs will suffer if denied injunctive relief. 15. Because it is clear that there is insufficient vacant developable land in Piscataway to meet Piscataway's fair share obligation, it is essential that the Township of Piscataway Council, Planning Board and Zoning Board of Adjustment take no further action that might limit the availability of such land for these purposes. SWORN TO and SUBSCRIBED before me this *7 of November, 1984. Attorney at Law, State of New Jersey

rs AGENDA %. -ISCATAWAY PLANNING BOARD ) SITE ^HAN/SUBDIVISION COMMITTEE MEETING WEDNESDAY, OCTOBER 24, 1984 2:30 P.M. CALL TO ORDER. 2. OPEN PUBLIC MEETINGS NOTICE. 3. ROLL CALL. ' 'V'.TfeV 4. 84-PB-129 RANDOLPH JAHR CONSTRUCTION (CLASSIFICATION) 5. /84-PB-13QV 49 Carlton Club Drive (VARIANCE)., 6. 84-PB-131V Piscataway, New Jersey 08854 (VARIANCE) fe^ J -V BLOCK 804, LOT 18, ZONE R-10 rf ' f^e#s ^f\v Subdivide into two lots on the corner of Fisher ^ i l!'f S J; Avenue and Deerfield Avenue to construct houses for sale. Both lots have insufficient area and insufficient width; required is 10,000 square feet and 100 feet; proposed is 7500 square feet and 75 feet, v - f t ; ; f i H? - ^ ' " : : " : - ;. : " - :, ; : ; '. ; ^ ; ^ S : ^ " Ruled complete September 14, 1984. Action to be taken prior to January 12, 1985. Requires Middlesex County Planning Board review. " Requires owners authorization. Requires affidavits of publication and service. Attorney: Peter Lederman Application was scheduled for a hearing on October 10, 1984. Applicant asked that this be carried to the November 14, 1984 meeting as the contract was not signed between the parties. 7. 84-PB-134 JOHN F. KASAR <5c NANCY F. KASAR (CLASSIFICATION) ' V-d* 36 Parkside Avenue ''% "'*"'*. Piscataway, New Jersey 08854 f \?[ BLOCK 151, LOTS 1-7, ZONE R-7.5 '" v Subdivide into two lots for future development on Parkside Avenue. Ruled complete October 17, 1984. Action to be taken prior to December 1, 1984. Requires up to date proof of tax payment. This is a duplicate of a approval granted on Application No. 83-PB-17 on March 28, 1983. Applicant did not record the deed in time. Attorney: John Lore * * " ". T «" - - -1- EXHIBXT C--

PI3CATAWAY PLANf^G BOARD SITE PLAN/SUBDIVIsW COMMITTEE MEETING WEDNESDAY, OCTOBER 24, 1984 ; 84-PB-135 JOHN KASAR AND NANCY KASAR (CLASSIFICATION).., 36 Parkside Avenue : -^T f ; ;» -^,- ;* Piseataway, New Jersey 0884 ' v "-';^r BLOCK 155, LOTS 1-8, ZONE R-7.5.' ^^ki'h v * Subdivide into two lots to construct houses for on ^ Parkside Avenue. '[-;. J. V>^;i -.,, -4@> : S. : :-^M?Wi*./. Ruled complete October 17, 1984. ^ ^ff^^'^-^s^sm^s'^' * ^1 Action to be taken prior to December 1, 1984. ^ ^ - _' ; :;j>;;..._. ;<A:^^;^^V A Requires up to date proof of tax payment. V: r "fej ^ :1 v ^ ^i-5 ^ ^.;';.:^Kl^^: ^V :^SW- ^ *This is a duplicate of Application No. 83-PB-16 J*; t ' : :;.^ -V- ^;,iv. ; :-^J i^cv'm; v '-: w hich'was approved March 28, 1983. Applicant did not ;. ~ " :.. :: ; :' ; ' ; / : \ : ".'>:' -^ ':.-'" record the deed in time. -.-.V'-:.^..' :..': ;...i^ff-^:lii'sife^o!k-^.. ;:.';^::y^:^; Attorney: John Lore ; " y'^^' : '^^';:; : ismsiffel.^? "V- :.f. >" 9. 84-PB-139 FRANK AND TERESA LEE (CLASSIFICATION) ' ; ' ;^ -. : ;:--: : ;.^-'. ' '.. ;,':;;'; 1 8 T h i r d A v e n u e. ;, ^:.:% :^; i '^}^j:^:^ J-:*k^- ',: : -v? ; *V : " ^ Piseataway, New Jersey 08854 ' : ''* :;vi *'! -V : v 'r-.-^.f ^c-'". ". 1? : T 7 BLOCK 452, LOTS 91 TO 102, ZONE R-10 - ' ',- -: ; ; Subdivide into two lots to sell one lot on '*: ' '..'.... I Stratton Street South. :-_,'\., - ^ : Ruled complete October 15, 1984. ; '. ; ^ ^ : V r;: :^-," Action to be taken prior to November 29, 1984. ; ' ' y }'W&&-'i- : : : ': ' Requires proof of tax payment. "'" ; -'d^^0^i' : ::S'' '!;:< Requires Middlesex County Planning Board approval. 10. 84-PB-140 KENNETH MERIN ASSOCIATES (FINAL SITE PLAN) v ; 95 Madison Avenue r > - ; * Morristown, N.J. 07960? V. / '.'i'i' %" Ti BLOCK 460, LOT 8-1, ZONE M-5. f "* * Construction of 20,874 square foot office building on Old New Brunswick Road. 1 ' v Preliminary approval was granted September 12, 1984 subject to certain conditions (See attached resolution). Ruled complete October 15, 1984. Action to be taken prior to November 29, 1984. Requires Middlesex County Planning Board approval. Requires up to date proof of tax payment. : ; - mmmmmmm

HSCATAWAY PLAN^k** BOARD SITE PLAN/SUBDIVISION COMMITTEE MEETING WEDNESDAY, OCTOBER 24, 1984-11. _84-PB-141 LACKLAND BROS., INC. (PRELIMINARY SUBDIVISION)...L 400 North Avenue iv? Dunellen, New Jersey 08812..,,:' / iil. «Ll ",*... BLOCK 561, LOTS 11-15 AND 18-21, : ^V. *_. ')-' BLOCK 564, LOTS 29 TO 38, ZONE R-10. : J,;; i>( *'; Subdivide into seventeen lots on Hillside Avenue '".' 'Vv'U ' ' -:,?-: to construct single family dwellings. ' v ^ Y ftlsft^ v "-,'- *:'' ' Determination of completeness pending receipt of checklist. " ^ 1 V. Requires up to date proof of tax payment.. ' * " Requires affidavits of publication and of service. Requires Middlesex County Planning Board approval. Requires proof of ownership or contract purchaser. L :." 12. 84-PB-142 LACKLAND BROS., INC. (CLASSIFICATION) * 400 North Avenue. v. :; J^ Dunellen, New Jersey 08812 % BLOCK 359, LOT 1A, ZONE R-10 Classification to subdivide into four lots on Myrtle Avenue.. ;: Requires proof of tax payment. Requires proof of ownership. 84-PB-143 NEW CASTLE BUILDERS, INC. (RE-CLASSIFICATION) v*'- 4 Redbud Road. -..i Piscataway, New Jersey 08854 :- : v BLOCK 745, LOTS 3, 4C, 4E, 4, ZONE R-15, R-15A Subdivide into two lots on Morris Avenue to -' :>::/^\. Construct condominimums for sale.. : isi 14. ADJOURNMENT. ^ S ^