BASKING RIDGE, NJ — No action was taken on Signature Acquisitions LLC's denied development application for 150 Allen Road on Wednesday.
A judge sent the application back to the Bernards Township Zoning Board of Adjustment, ruling that the board acted improperly when it did not consider the applicant's request for reconsideration.
The Zoning Board told the public at the beginning of the Wednesday meeting that no public hearing would take place that night on the Allen Road project.
"Before we get into the meat and potatoes of tonight's meeting, I'm sure there are a good number of people in the public who are here for the Signature Acquisitions matter," said a board member. "Just so everybody understands, we're not having a hearing on that tonight. The applicant's not here."
Instead, the Board held a private executive session "to discuss where things are at this point in time and discuss its options."
Any future hearing on the project would come with notice to the public and access to the plans.
"People will be able to participate as they did the previous time it was before the board," said the board member.
Board Chairperson Lisamarie Baumann clarified that " the public will have an opportunity to be heard at the time that would be appropriate. There is no hearing tonight on the case."
No date for a future hearing was given at the meeting.
Bernards Township Mayor Ana Duarte McCarthy issued a statement regarding the application hearing.
"The Bernards Township Committee must not direct, influence, or otherwise interfere with the Board's consideration of a pending application. Any review or challenge must proceed only through the processes expressly authorized by law. Respecting these boundaries protects the fairness, impartiality, and integrity of the Township's land-use process," said McCarthy.
Judge Ruling
Somerset County Superior Court Judge Robert Ballard ruled on Sept. 29 sent Signature Acquisitions LLC's denied development application for 150 Allen Road back to the Bernards Township Zoning Board of Adjustment, ruling that the board acted improperly when it did not consider the applicant's request for reconsideration.
Ballard ruled that the Zoning Board "shall consider [Signature Acquisition's] revised proposal under the zoning ordinances and development regulations applicable at the time Plaintiff's original application was submitted."
The case involves Signature Acquisitions, LLC's proposal to remove the existing 174,546-square-foot office building and build two new buildings at 150 Allen Road.
The new buildings would consist of 97,185 square feet of light-industrial/manufacturing space and 30,792 square feet of office space.
This application was hotly contested by residents who cited truck traffic, environmental concerns, safety concerns and other issues.
The Zoning Board voted 6-0 to deny the application on Nov. 14, 2024, then adopted a 93-page memorializing resolution on Feb. 5, 2025.
In a Sept. 29, 2026 statement of reasons in Somerset County Superior Court, Judge Ballard wrote, "The Court concludes only that, under the circumstances presented, the Board's decision not to consider Plaintiff's timely reconsideration application was arbitrary, capricious, and unreasonable."
The judge also wrote, "The matter is REMANDED to the Zoning Board of Adjustment of the Township of Bernards for consideration of Plaintiff's request for reconsideration and revised proposal."
According to the court document, Signature submitted a written request for reconsideration on Dec. 4, 2024, about 20 days after the vote and before the board adopted its memorializing resolution.
The applicant later submitted revised plans on Jan. 8, 2025, and argued those changes eliminated the requested floor area ratio variance and reduced or eliminated nearly all remaining bulk variance relief.
The board disputed several parts of Signature's claims during the lawsuit.
According to the decision, the board argued reconsideration was discretionary, not mandatory, and maintained that a special meeting had been scheduled for March 13, 2025, to address whether good cause existed for a rehearing.
The board also argued Signature withdrew that request on March 11, 2025, before filing its lawsuit in lieu of prerogative writs on March 27, 2025.
The judge said the withdrawal did not change the earlier timeline.
"The later withdrawal does not alter the fact that Plaintiff had timely invoked the Board's reconsideration authority and that the reconsideration request had not been considered," the ruling states.
The court did not decide whether the original denial itself was proper.
"The Court does not reach the merits of the Board's denial of Plaintiff's original application," Ballard wrote.
Instead, the judge ordered the board to review the revised proposal under the zoning ordinances and development regulations that were in effect when the original application was submitted on Sept. 26, 2022.
The ruling states the court expressed no opinion on whether the revised proposal should ultimately be approved.
The Bernards Township Zoning Board of Adjustment meeting will be held on Oct. 7 in the Warren Craft Meeting Room in the Bernards Township Municipal Building at 1 Collyer Lane.
Click here for the full agenda of the Oct. 7 meeting.
Previous Reporting:
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