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Molino v. Mayor and Council of Borough of Glassboro

Decided: July 27, 1971.

ANGELO R. MOLINO, TRADING AS HOLLYBUSH GARDENS APARTMENTS, PLAINTIFF,
v.
MAYOR AND COUNCIL OF THE BOROUGH OF GLASSBORO, A MUNICIPAL CORPORATION; PLANNING BOARD OF THE BOROUGH OF GLASSBORO; WESLEY MYERS AND ROBERT ADAMS, DEFENDANTS



Schalick, A.j.s.c.

Schalick

[116 NJSuper Page 197] This is an action in lieu of prerogative writ brought by the plaintiff, Angelo R. Molino, a building contractor, against the Planning Board, the Borough Council, the Building Inspector, and the Zoning Officer of the Borough of Glassboro to invalidate an ordinance enacted on February 10, 1970, which amends the Borough Zoning Ordinance affecting apartment house construction. The plaintiff also seeks to compel the granting of site plan approval for plans to erect 172 garden apartment units which would constitute the second section of an existing, adjacent

apartment complex known as Hollybush Gardens and to require the Borough officials to issue the necessary zoning and building permits for the project.

The plaintiff, during 1966, contemplated the building of an apartment project. In consultation with the government agency, a site was selected consisting of 17.5 acres on the west side of Delsea Drive in the borough. At the inception 324 garden apartment units were proposed, but meetings with the Planning Board narrowed the proposal to 252 units to meet local requirements.

In 1967, site plans for a 252 unit project were submitted to the Federal Housing Administration, but this agency would only finance at that time 80 units. A suggestion was made that if the accepted project proved successful, the remaining 172 units would then be considered. During the same year the Planning Board approved the 80 unit project as Hollybush Gardens, and zoning and building permits were issued.

In November 1969 section one was completed and occupied. Then the plaintiff secured approval from F.H.A. for section two, and in December 1969 site plan for section two was submitted to the Planning Board. On January 6, 1970, the Board returned the site plan to plaintiff's attorney for modification. On January 20, 1970, revised plans were returned for study. On February 10, 1970, the Borough Council enacted an Ordinance to amend the Zoning Ordinance with these pertinent provisions:

1. In any given garden apartment complex, at least 70 per cent of all units could have no more than one bedroom. No more than 25 per cent may have two bedrooms, and no more than 5 per cent could have three bedrooms.

2. Minimum floor space requirements: 750 sq. feet -- one bedroom units, 900 sq. feet -- two bedroom units, 1200 sq. feet -- three bedroom units.

3. All electrical and utility wires must be beneath the surface of the ground.

4. Not more than 14 dwelling units could be erected on an acre.

5. Two off street parking spaces must be provided for each unit.

6. At least one automatic laundry washer and dryer must be provided for every eight bedrooms.

7. At least 8 sq. feet of swimming pool or tennis court space must be provided for every 100 sq. feet of living space.

8. Each apartment unit must have a central ...


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