Politics & Government
Superior Court Upholds East Windsor Age-Restricted Housing Ruling
A judge upheld the Planning Board's denial of an application to remove an age restriction from a planned development.
A Mercer County Superior Court judge ruled Monday to uphold the East Windsor Planning Board’s resolution to deny Red Bank-based Robertson Douglas Group (RDG) the opportunity to build non age-restricted housing in the township.
In 2005, the township's Planning Board gave approval for a plan that allowed the RDG the right to build a 109-unit, age-restricted (55 and over), single-family home development.
However, under a July 2009 state law, developers of age-restricted developments that have been approved, but not yet constructed, can apply to remove age limits on their development.
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In October of 2010, the East Windsor's Planning Board rejected the conversion application, which called for the construction of the 109 single-family homes with no age restrictions, along nearly 30 affordable housing units in apartment dwellings.
“We are very gratified by the court’s findings,” said Mayor Janice Mironov. “We feel that the board was very thorough and thoughtful in rendering its initial decision and we are grateful that the judge upheld it.”
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In February 2011, East Windsor was served a lawsuit to appeal the ruling by the Planning Board. On Monday, Mercer County Superior Court Assignment Judge Linda Feinberg issued her one day verbal ruling upholding the Planning Board’s resolution.
Mayor Mironov said that one of the reasons the Planning Board denied the RDG the opportunity to build a non age-restricted community was that the township’s Master Plan does not currently have provisions for parks, recreation or other schooling facilities.
“We believe that the decision upholds and supports the Master Plan, and that if the development took place, it would have been contrary to the public interest to take a property, not for public use, and put housing in an area surrounded by commercial uses,” she said.
According to its website, The Robertson Douglas Group has been in business for approximately three decades and was founded by Jeffrey Dobrzynski in 1983. The website also states that the company “has made it a priority to understand its buyers and its markets, keeping abreast all the while of the latest design trends in homebuilding, and maintaining the uncompromising quality for which it has become renowned.”
An unnamed representative with RDG declined comment, saying no one present was authorized to speak on the matter.
