The ordinance was referred by the Borough to its Planning Board (the Board), which conducted a hearing on April 23, 2009. Plaintiffs' property is within 200 feet of the proposed zoning change, and some of the property subject to the change was owned by the Holland Christian Home Association (HCHA).2Īs stated in the ordinance, the purpose of the zoning change was "to meet the diverse housing and health care needs of an aging population while allowing zoning flexibility to accommodate the ever changing residential and medical needs for this specific population." It is apparently undisputed that the Borough's most recent comprehensive master plan, adopted in May 2004, recognized the need for senior housing, and its prior master plan re-examination report, in 1996, recognized HCHA's property was a "longstanding non-conforming use should be rezoned" to conform.
The ordinance sought to amend the Borough's existing zoning plan by creating a new zoning district, the "Senior Citizen Residential (SCR) District," comprised of four lots within Block 65 on the municipal tax map. 12-2009 (the ordinance), by the Borough of North Haledon (the Borough).1 The facts are undisputed. Carbone, appeal from the Law Division's order of February 23, 2012, dismissing the first count of their complaint in lieu of prerogative writs challenging the passage of ordinance No. Carbone, attorney for appellants.ĭe Marco & De Marco, attorneys for respondent (Michael P.
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