Supreme Court Decides With Hillsdale on 'Golden Orchards' Project

The New Jersey Supreme Court unanimously decided Monday to uphold a contested 2007 decision from the Hillsdale Planning Board to approve a proposed housing project near Pascack Road.

Caliber Builders, Inc. applied to the Board to build "Golden Orchards," a single-family age-restricted housing development, on a property off Ell Road. The site is located mostly in Hillsdale, with a small portion in Washington Township. They received approval in 2008.

The project was opposed by the nearby Northgate Condominium Association because of the public notice for the Planning Board's hearings about the project, which incorrectly named the site's lot numbers. They brought the issue to court after the Board gave its approval.

Lower courts had previously ruled that the issue was "a clerical error" and the description in the notice was still descriptive enough for someone to understand the property's location. 

The Association also argued that the proposed access road for the site should have been classified as a "medium intensity roadway," requiring parking and two sidewalks, instead of a "rural roadway" as Caliber had described it. The lower courts also found that the Planning Board had the authority to make its decision on the road issue. 

The Supreme Court's decision upheld the previous rulings. The Association "fails to point to anything in the record supporting its claim," according to a summary of the ruling released by court's Office of the Clerk.

Hillsdale Councilman Jason DeGise said he was "pleased with the decision."

"Senior housing is a benefit for the town," he said. "It allows people who want to downgrade to something smaller as they get older to stay in the area."

DeGise also noted that the project would have no impact on local schools. Some residents have said they were concerned with the effect other proposed housing projects could have on schools and taxes.

An attorney for the Northgate Condominium Association could not immediately be reached.

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