By Anne Levin

An appeal by the Sunrise Corporation regarding denial of a variance application by the Princeton Zoning Board of Adjustment was resolved last last month in the municipality’s favor by the Appellate Division of the Superior Court of New Jersey.

Sunrise has been seeking approval to build a senior living facility at the corner of North Harrison Street and Terhune Road, and was trying to reverse the denial of its application to the Zoning Board by arguing that the Board failed to properly apply the test to determine if a variance for an inherently beneficial use, which is one that is considered to serve the public good and promote general welfare, should be granted.

The 4.5-acre corner lot was formerly part of the Princeton Shopping Center, which was subdivided when the complex was sold to Edens in 2012. The parcel was rezoned for Residential Senior Market (RSM) housing in 2015. Princeton’s Master Plan identifies the property as suitable for senior housing because of its proximity to the shopping center, public transportation, and medical offices.

Three years ago, Sunrise submitted plans to build an assisted living complex, which is not a permitted use in the RSM zone. The company had initially proposed to build a three-story building of more than 82,000 square feet, but proposed two alternatives while the application was pending. There was some opposition from residents who live near the site, mostly based on size.

“The Zoning Board’s reasoning for turning it down had to do with the fact that this wonderful, walkable location didn’t make sense for assisted living, because the residents wouldn’t be likely to be out walking,” said Princeton Council President David Cohen. “And it wasn’t zoned for it anyway.”

Sunrise Corporation argued that there aren’t enough facilities for assisted living in Princeton, analyzing a 3.5 mile radius around the property and offering that there were more than 850 income-qualified senior households and over 4,000 income-qualified caregiver households in that area. But there is only one existing assisted living facility with 100 units, which Sunrise said makes the proposed facility an inherently beneficial use.

“But the Board said there are 15 or 16 such facilities in the surrounding communities, so there is no reason why there has to be one right in Princeton,” said Cohen. “They sort of dismissed that part of the argument.”

After the Zoning Board turned the application down over a year ago, Sunrise sued and lost the case. The ruling turning down their appeal was filed on June 24. “Because we find nothing arbitrary, capricious, or unreasonable in the Board’s evaluations, we have no basis to reverse the Board,” the ruling reads. “Accordingly, we agree with the trial court and affirm its judgment dismissing Sunrise’s complaint with prejudice.“

“The ruling was an important win for Princeton’s Zoning Board and for the municipality to retain the ability to determine the best use for that property,” said Mayor Liz Lempert. “The site is an ideal location for housing for people who can take advantage of being within easy walking distance of the Princeton Shopping Center. It is now part of the town’s affordable housing plan so that whatever is built there in the future will contribute to a walkable neighborhood near a bustling commercial center.”