Defendants, DAVID A. BEN-ASHER, ESQ. 134 Evergreen Place East Orange, New Jersey 07018

Transcription

1 U.I. v. /

2 t/p* ARTHUR W. BURGESS, ESQ. DIRECTOR OF LAW TOWNSHIP OF WOODBRIDGE 1 Man Street Woodbrdge, New Jersey (201) Attorney for Defendant, Townshp of Woodbrdge URBAN LEAGUE OF GREATER NEW BRUNSWICK, et.al, -vs- Plantff SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A CIVIL ACTION NOTICE OF MOTION THE MAYOR AND COUNCIL OF THE BOROUGH OF CARTERET, et al, Defendants, TO: DAVID A. BEN-ASHER, ESQ. 134 Evergreen Place East Orange, New Jersey SIR: TAKE NOTICE that the undersgned attorney for the defendant, Townshp of Woodbrdge, wll apply to the Superor Court of New Jersey, Appellate Dvson, for an Order dsmssng the appeal fled on behalf of the plantff-appellants under cover of letter dated August 31, 1976, nsofar as such appeal relates to hs defendant. Alternatvely, the undersgned seeks an Order from the Superor Court of New Jersey, Appellate Dvson, dsmssng the CA002209N{OM}

3 Townshp of Woodbrdge from ths sut. In support of the wthn Moton, the undersgned wll rely on the Affdavt and bref annexed hereto. ARTHUR W. BURGESS, ESQ. Attorney for Defendant, Townshp of Woodbrdge BY \ BARRY H. ^SHAPIRO X

4 ARTHUR W. BURGESS, ESQ. DIRECTOR OF LAW TOWNSHIP OF WOODBRIDGE 1 Man Street Woodbrdge, New Jersey (201) Attorney for Defendant, Townshp of Woodbrdge URBAN LEAGUE OF GREATER NEW BRUNSWICK, et al, -vs- Plantffs SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A CIVIL ACTION AFFIDAVIT THE MAYOR AND COUNCIL OF THE BOROUGH OF CARTERET, et al. Defendants, STATE OF NEW JERSEY: SS COUNTY OF MIDDLESEX: BARRY H. SHAPIRO, of full age, beng duly sworn accordng to law upon my oath depose and say: 1. I am assocated wth Arthur W. Burgess, Esq., and am the attorney actually entrusted wth the handlng of ths matter. 2. The judgment n ths matter was entered by the Superor" Court of New Jersey, Chancery Dvson, the Honorable Davd D. Furman sttng, on July 9, The Notce of Appeal was fled by plantffs under cover of letter dated August 31, 1976.

5 ...1,# The sad Notce of Appeal was fled beyond the tme permtted by R.2:4. 5. Addtonally, the sad judgment entered on July 9, 1976, as t relates to the defendant Townshp of Woodbrdge granted the sad defendant a condtonal dsmssal from the sut heren nvolved The sad dsmssal was the result of an agreement entered n open court by and between plantffs and the Townshp of Woodbrdge. A copy of the transcrpt of sad settlement agree ment s annexed hereto as Exhbt "A", and made a part hereof. 7. One of the reasons that the Townshp of Woodbrdge entered nto the settlement wth plantffs was to reduce the substantal economc burden to the communty resultng from partcpaton n the ltgaton. 8. Pursuant to the sad settlement agreement, the Townshp of Woodbrdge amended ts zonng ordnance. A copy of such amendment s annexed hereto as Exhbt "B", and made a part hereof. 9. The Superor Court, Chancery Dvson, has not yet executed an Order of Dsmssal wth respect to the defendant, Townshp of Woodbrdge. A moton to settle the form of such Order s yet pendng before the Superor Court, Chancery Dvson 10. Consequently, plantffs are attemptng to appeal from

6 an Order not fnal as to the Townshp of Woodbrdge although the result of a settlement between ths defendant and plantffs. 11. The Townshp of Woodbrdge mantans that plantffs have followed an mproper procedure, that plantffs' appeal s untmely, and that wth regard to ths party, plantffs are estopped from appealng from ther own settlement. 12. For the reasons set forth heren, t s respectfully asserted that plantff s 1 appeal should be dsmssed as to ths defendant. However, f the Appellate Dvson declnes to dsmss sad appeal, then the Townshp of Woodbrdge respectfully requests the entry of an Order dsmssng the complant as to t, pursuant to Exhbts "A" and "B". BARRY H. SHAPIRO / \ Sworn to and subscrbed before me ths c* 3 of September, s. ' / : JZABETH B. SZH.AGYI NOTARY?y-;c c- ; '.<,y ~ y._ -,EY J^v Co<(»U«ut -xpno Ju/ 1, v/'?

7 * % * * '..! ' ' ;! 2 UIIBAN LEAGUE OF GREATER NEW BRUNSWICK, et.als., I J'.v "' '.; '. VS.. SETTLEMENT AGREEMENT TOWNSHIP COMMITTEE OF THE TOWNSHIP OF.WOODBRIDGE. V _ \ '.) *'{ 6 : 7 -'. ' : 8 9 ; '.. '» ',. New Brunswck, Hew Jersey March 3, 197&. {-..^=A:r * II '11 12 B E F OR E"*J ; 13 ^HONORABLE FURMAN, JSC.»:?/ ' "' T ; ;14!» 15 :;W'.!.' %\ r. ' ' " ' - " : 17 T *.* FAUL E. TURI, CSR OFFICIAL COURT REFORTER ;-m% EXHIBIT "A" t» -.V!^ r. ll ','.jr r..' >':.lj'-v:' 1!. TV* " *

8 l *.*» ' ' * & 8 1 ' ' :.1.1} -7,;; ; ; *'* f * * 'V. ' >*» '*: S. # '.,\ 10 "- '. *'' >/» '' vv^r -V...' ' "* *. :. a < v - < ' * : t\. ' & ' V.!"." r». *.' - ' * '. ' './ ' : L 4 >- ;.* MR. BURGESS: If your I«or please, at the concluson of our cross-examnaton of Mr. Mallach *',- ' : ' ^esterday^ and after dscussons wth your Honor at ''.sdebar, plantffs and the Townshp of Woodbrdge '.' have entered Into a proposal wth regard to certan amendments to the exstng Zonng- Ordnance, Mr. 'Searng.can correct me f I'm wrong; The proposals as follows: That n the R^6a zone garden ;'.apartments be permtted as opposed to allowng them as they are now as a specal excepton U3e; that 'garden apartments also be permtted n the B-l, B-2! ; ;?!..'.and.b-3 busness zone. They are presently penntted.. ' *. ' > ' ' * ' '. *.. ' n those zones by specal excepton use. That n addton to the foregong, a garden apartment restrcton wth regard to bedroom mx of eghty,.-per cent one bedroom and twenty per cent two bedroom ;.. 'be removed from the provsons of the Zonng Ordnal " As I ndcated to the Court yesterday, I had the opportunty last evennp to consult nformally wth councl on these proposed changes and I have been nformally advsed by the majorty of the members..'.-.. present that ths proposal was acceptable and I am M'. V'. ':. r \ : ' :, prepared to submt, n fact f at ths evenng's" Y.^meetng, of.. the Plannng Board an outlne of ths proposal and secure ther recommendaton to the ' e. '> : \!. ; / t-. t ;. < ' *. '»;'< '.^

9 .. <.. ' ' /.. '.. ' '. 1 6., < ', ;. * ' ; -. ' :,, : ' ' ' - <.. : :, ' : - \ -»' ', ' '. ' :»:'!. *. : councl. I ntrongly foel that th>? proposa.1 If'. - :'. ' ; l! ; 17 'I ' 18 wll ultmately be approved by ths councl. We can ; submt the amended or-nance to the Court durng v ; ; these proceedngs or at least close to ther concluson. ' I am, therefore, askng your Honor to grant a dsmssal of ths sut aganst the Townshp > of Woodbrdge subject to our complyng wth the proposed settlement and amendment as I have outlned MR. SEARING: Your Honor, for the plantff the agraement s substantally as stated. We had. requested an examnaton of the land contaned n"..the R-6 zone and councl has represented that no substantal acreage s avalable for mult-famly development n that zone. We reserve as we have wt other muncpaltes wth whch ths agreement has been reached the rght to have them ncluded n any affrmatve relef whch may be ordered by your ; Honor. -. ' T.' < : ' ' f vjf"'-... * - ^r 1 T. 19 THE COURT: All rght, subject to the Zonng 7"^ V '' _ 2 3 /.;:';,_ 24 "?." V : 25 k».««j I.. ".. -- Ordnance revson as outlned by Mr. Burgess, dsmssal wll be granted n favor of the Townshp.. of Woodbrdge subject to possble further remedy as M>: -_'j '-. stated by Mr. Searng. ;.',_-..',..MR.,-BUROESS: If your Honor pleases, (Just for clarfcaton purposes wth regard to the open ; '_ <

10 ;. : ;! - " ".. * / '. >VM 2 3 ' 4 ak ' ' : '.. : >.'111' ''! * >! < T Al to understand that the remanng ssue aganst the Townshp of Woo-lbrdge la conrned to the same matter you ndcated wth repard to I guess : t *s the Borough of Jaraesburg and that s muncpal acton to secure Secton 8 rehabltaton funds and the lke?. you THE COURT: I want/to understand t to be M t' r «V~ «^...». L '«8? 10 lmted to as of now. I thnk that the plantffs through Mr. Searng and Mr. Sloane are suggestng that they want to keep open the possblty of «-, t *.. «11 judgments orderng muncpaltes to comply wth any f :-- > ,"program, any avalable program dealng wth present. substandard housng. I don't know that they.'re tr.».v*-\.r. I*. ' "K$\: l 14 : ' lmtng themselves to Secton 8 as of now, but t 15 would, of course, have to be some Federal or state 16 \ or combned program. 17 MR. BURGESS: And that s lmted to ' 18 substandard housng? 19 THE COURT: Exstng substandard housng,. "':. 20 yes;. 21 MR* BURGESS: Thank you very much, your > ^ U;;: ;.Honor. May I be, excused, your Honor?,. ; ; '.'v - :. ;.; ;.., /. '., ' '.'... ; _., :... THE COURT: Yes, you may. Thank you." " / / ; '.. - ".. : ' / L ;.',. j , -.,. - -Cv 25. * - ' : : : ' '. ' ;

11 . ' -. - / - J I11 MIDDLESISJL COUNTY 2 URBAN LEAGUE OF GREATER NEW BRUNSWICK, et als,: ;... -># ; * : V ' vs. >.-'" V-V,;-;_ r. T '.. SETTLEMENT AGREEMENT 1.< TOWNSHIP COMMITTEE OF THE TOWNSHIP OF WOODBRIDGE. :r 1 r- < 8 :'j:s. * : ' y'. ' : I> PAUL E. TURI, a Certfed Shorthand Reporter'of'the State of'new Jersey, do hereby certfy the foregong to be true and accurate to the best of my knowledge-and ablty., 16 >. -.V * ' L f I hereby certfy that the foregong s a-true copy of the orgnal on *H^n my offce. Clerk ' ;*j ,.; M :;? ; -*,*; : ;..» >. ;;. : :/ -;....y^-'pn, t f..

12 /-.'." I 41 f> fl!? AN ORDINANCE AMENDING THE WOODBRIDGE TOWNSHIP ZONING ORDINANCE I- OF 1960, AMENDED THROUGH FEBRUARY 1, ' j BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE TOWNSHIP I'OF WOODBRIDGE that the Woodbrdge Townshp Zonng Ordnance of 1960 j; amemded through February 1, 1975, be amended as follows: j! ARTICLE VI - SCHEDULE OF AREA, YARD, AND BUILDING REQUIRE- MENTS ZONING ORDINANCE OF THE TOWNSHIP OF ji WOODBRIDGE, NEW JERSEY. j Secton 1. Artcle VI, Schedule of Area, Yard, and ;! Buldng Requrements Zonng Ordnance of the Townshp of <Woodbrdge, New Jersey. Ths artcle shall be amended by ':> deletng all reference to footnote No. (1) n the column ttled Mnmum Gross Floor Area/Famly (In Square Feet) for the R-5 :; Resdence Zone. Secton 2. Footnote No. (1) shall be amended to read as follows: For Garden Apartments, the mnmum habtable floor area s 650 square feet. ARTICLE XII - R-6A RESIDENCE ZONE, SECTION 1. PERMITTED USES Secton 1. Artcle XII, Secton 1. Permtted Uses s - amended by addng paragraph c. as follows: c. Garden Apartment Developments ARTICLE XII - SECTION 3. OTHER USES PERMITTED UPON APPLICATION TO THE ZONING BOARD FOR A SPECIAL PERMIT Secton 1. to read as follows: Artcle XII, Secton 3.a. and b. are amended a. Same as specfed n.the R-5 Resdence Zone, except that publc and quas-publc swm clubs are prohbted. b. Boardng and roomng houses, but not motels, hotels, or tourst homes and cabns, subject to the standards and condtons set forth n Artcle XX, Secton 2. : of ths Ordnance. j ARTICLE XII - SECTION 4. AREA, YARD, AND BUILDING REQUIREMENTS Secton 1. to read as follows: Artcle XII, Secton 4. paragraph b. s added b. For garden apartment developments as permtted n ths" Artcle: j V Mnmum lot sze - 2 acres Mnmum lot wdth feet Mnmum lot depth feet J : Mnmum yard requrements - 25 feet on al sdes Mnmum floor area per dwellng unt square feet : Mnmum off-street parkng spaces per dwellng unt 1 1/2 Maxmum buldng coverage - 20 per cent j Maxmum buldng heght - 35 feet j Maxmum number of dwellng unts' per acre - 18 ' j The areas shall be attractvely landscaped and seeded. : j Adequate recreaton area and facltes to serve the needs' of the antcpated populaton shall be provded and shall consst of at least the followng: a fenced off play-lot. DVOTDTT "T"

13 f -2- ncludng play o-qupm^nt such as swngs, seesaws, etc., shall be provded. There shall be ffteen (15) square feet of paly-lot for every dwellng unt wth a mnmum sze area of one thousand (1,000) square feet..! The provsons of ths paragraph shall not apply to '[ garden apartments prevously constructed or to applj- catons fnally approved as of the date of the adopton! of ths amendment. t x (ARTICLE XIV - B-l NEIGHBORHOOD BUSINESS ZONE, SECTION 1. PERMITTED USES f " Secton 1. Artcle XIV B-l Neghborhood.Busness Zone, ;jsecton 1. Permtted uses s amended by addng paragraph c. to read as follows: c. Garden Apartment Developments. ARTICLE XIV - SECTION 4. c. OTHER USES PERMITTED UPON.APPLICATION TO THE ZONING BOARD FOR A SPECIAL PERMIT Secton 1. Artcle XIV, Secton 4. c. Other Uses Permtted Upon Applcaton to the Zonng Board for a Specal Permt s deleted n ts entrety. ARTICLE XIV - SECTION 5., AREA, YARD, AND BUILDING REQUIREMENTS Secton 1. Artcle XIV, Secton 5.', Area, Yard and Buldng Requrements s amended by addng paragraph c. as follows: c. As to garden apartment development, as specfed n Artcle XII, Secton 4.b., of ths Ordnance. ' ARTICLE XV - B-2 CENTRAL BUSINESS ZONE, SECTION 1., PERMITTED USES Secton 1. Artcle XV, B-2 Central Busness Zone, Secton 1. Permtted Uses s amended by addng paragraph. to read as fallows:. Garden Apartment Developments. ARTICLE XV - B-2 CENTRAL BUSINESS ZONE, SECTION 3. d. OTHER USES PERMITTED UPON APPLICATION TO THE ZONING BOARD FOR A SPECIAL PERMIT. Secton 1. Artcle XV, B-2 Central Busness Zone, Secton 3. d. Other Uses Permtted Upon Applcaton to the Zonng Board for a Specal Permt s deleted n ts entrety. ARTICLE XV - B-2 CENTRAL BUSINESS ZONE, SECTION 4., AREA, YARD, AND BUILDING REQUIREMENTS. Secton 1. Artcle XV, B-2 Central Busness Zone, Secton.' 4., Area, Yard, and Buldng Requrements s amended by addng paragraph p. to read as follows:' c. As to garden apartment developments, as specfed n Artcle XII, Secton 4.b., of ths Ordnance. r r. ARTICLE XVI - B-3 HIGHWAY BUSINESS ZONE, SECTION 1. c. PERMITTED USES. Secton 1.. Artcle XVI, B-3 Hghway Busness Zone, Secton 1. c. Permtted Uses s amended by addng subsecton (8) to rea'a as follows: _. (8) Garden Apartment Developments. I":

14 -3- ARTICLE XVI - B-3 HIGHWAY BUSINESS ZONE, SECTION 4."," AREA, YARD, AND BUILDING REQUIREMENTS Secton 1. Artcle XVI, B-3 Hghway Busness Zone, Secton 4...,, Area, Yard, and Buldng Requrements s amended by addng jparayraph c. to read as follows: c. As to garden apartment developments, as specfed ' n Artcle XII, Secton 4. b., of ths Ordnance. ' j ARTICLE XVII - H-1 LIGHT INDUSTRY ZONE, SECTION 5. e. (3) OTHER PROVISIONS AND REQUIRMENTS. Secton 1. Artcle XVII, M-l Lght Industry Zone, Secton 5. e. (3) Other Provsons and Requrements s amended to read as follows: (3) Resdental Dwellngs except garden apartments as provded for n ths Ordnance. ARTICLE XX - SECTION 2. e. SPECIAL EXCEPTIONS (GARDEN APARTMENT DEVELOPMENTS) Secton 1. Artcle XX, Secton 2. e. Specal Exceptons I (Garden Apartment Developments) s deleted n ts entrety and amended to read as follows: e. Garden Apartment Developments may be perrtted n the M-l Lght Industry Zone provded that the followng desgn standards and applcaton procedures are compled wth: (1) Desgn Standards:.. Mnmum lot sze - 2 acres Mnmum lot wdth feet Mnmum lot depth feet Mnmum yard requrements - 25 feet on all sdes Mnmum floor area per dwellng unt square feel Mnmum off-street parkng spaces per dwellng unt 1 1/2 Maxmum buldng coverage - 20 per cent.. Maxmum buldng heght 35 feet j Maxmum number of dwellng unts per acre - 18 ; The area shall be attractvely landscaped and seeded. Adequate recreaton,area and facltes to serve the nees of the antcpated populaton shall be provded and shall consst of at least the followng: a fenced off play-lcr. ncludng play equpment such as swngs, seesaws, etc., shall be provded. There shall be ffteen (15) square feet of play-lot for every dwellng unt wth a mnmum sze area of one thousand (1,000) square feet. The provsons of ths paragraph shall not apply to garden apartments prevously constructed or to applcatons fnally approved as of the date of the adopton of ths amendment. (2) Applcaton Procedures: j J (a) Cb) Applcant shall conform to the requrements of Artcle V, General Regulatons, Secton 23. of ths Ordnar.ee. Applcaton for a permt together wth three (3) copes of the approprate plans, specfcatons, ar.d sx (6) plot plans snal be made to the Buldng

15 Inspector, who r-.hall gather all nformaton on the above requrements and refer the matter to the Zonng Board. (c) (d) (e) The Zonng Board shall refer the matter to the Plannng Board for report thereon as to t effect on the comprehensve plannng of the Townshp. No acton shall be taken untl such report shall have been receved from the Plannng Board, whch Board shall make ts report thereon wthn forty-fve (45) days. After recept of such report, the Zonng Board shall hear the applcaton n the same manner and under the same procedure as t s empowered by law and ordnance to hear cases and make exceptons to the provsons of the Zonng Ordnance. The Zonng Board shall thereafter refer the applcaton wth ts recommendaton and the recommendaton of the Plannng Board to the Muncpal Councl. The Muncpal Councl shall ether deny or grant the applcaton, and shall gve the reasons therefore. In approvng any such applcaton, the Muncpal Councl may mpose any condtons that t deems necessary to accomplsh the reasonable applcaton of the above standards, and to ensure carryng out of the general purposes of the Zonng Ordnance. ; If the applcaton s granted, the Buldng Inspector, shall ssue a Buldng Permt, but only upon the condtons, f any, mposed by the Muncpal Councl. : I: AD0PTED: APR jj I hereby certfy that the above s a true and exact copy j of the Ordnance adopted by the Muncpal Councl of the Townshp jj of VJoodbrdge at ther Regular Meetng held on APR Joseph V. Valent Muncpal Clerk I hereby certfy that the wthn document s a true and exact copy of the Ordnance amendment adopted by the muncpal Councl on Aprl 6, MARY CSETE J DEPUTY MUNICIPAL CLERK TOWNSHIP OF WOODBRIDGE