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Masnick v. Mayor and Council of Township of Cedar Grove

Decided: February 23, 1968.

MARY-ANNA MASNICK, ALVIN J. GOREN, ROGER H. HIGGONS AND RUTH MANOS, PLAINTIFFS,
v.
MAYOR AND COUNCIL OF THE TOWNSHIP OF CEDAR GROVE, A MUNICIPAL CORPORATION OF NEW JERSEY, DEFENDANTS



Schapira, J.c.c. (temporarily assigned).

Schapira

This is an action in lieu of prerogative writs challenging the validity of an ordinance passed by the Township Council of Cedar Grove on January 9, 1967.

The ordinance, introduced on December 19, 1966 at a regular meeting by the council, proposed to amend and supplement the existing zoning ordinance to permit construction of office buildings in the R-15 one-family residential zone, and to change a tract of land (marked "1" on the annexed Exhibit A) from an R-22 zone to the new R-15 zone. R-22 is the most restrictive of residential zones, requiring homes to be built on plots of at least one-half acre in area. The ordinance, in effect, not only reduces the residential construction requirements but would permit construction of office buildings on the tract.

EXHIBIT A

[]

TOWNSHIP OF CEDAR GROVE ESSEX COUNTY NEW JERSEY PENDING ORDINANCE

An Ordinance to amend and supplement an Ordinance entitled, "An Ordinance limiting and restricting to specified districts and regulating therein, buildings and structures according to their construction and the nature and extent of their use, and the nature and extent of the uses of land, and for said purposes dividing the Township into zones, providing for the administration and enforcement of the provisions herein contained, establishing a Board of Adjustment, and providing for a change in the R-15 Zone to permit construction of office buildings, subject to the conditions of the O Zone and other special conditions."

ARTICLE III, Section 1 of the Zoning Ordinance is amended by the addition of the following language to R-15 One-Family Residential Zone:

Section 1. There is also permitted in this zone the construction of office buildings under certain requirements which are greater than those imposed in the O Zone.

Section 2. That portion of the Zoning Ordinance providing for the Schedule of Permitted Uses and Requirements is amended as follows:

As to R-15, column 2 is supplemented by the addition of the following language:

"3. Office use as permited in the O Zone, except for the required area of lot, subject to review and approval of a site plan as set forth in ARTICLE VII, and provided that ...


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