Hillsborough To Review Rejected Warehouse Application, Judge Orders

HILLSBOROUGH, NJ — The Planning Board has set two dates to take a second look at its decision to reject a warehouse application proposed on Harvard Way.

This follows Superior Court Judge William Meenen's order during proceedings in a lawsuit filed by the developer Harvard Way JMJ4, LLC (Redcom / SAI) against the Planning Board and Hillsborough Township.

"Judge Meenen has remanded Harvard Way back here for a re-review of the resolution etc. that the Board adopted back in 2022," said Planning Board Attorney Eric Bernstein at the March 13 meeting.

At its March 13 meeting, the Planning Board agreed to meet on May 1 and May 22 at 7 p.m. to re-review its resolution to reject the Harvard Way JMJ4, LLC (Redcom / SAI) application.

Bernstein said scheduling the meetings, would give the Township time to advise the applicant's attorneys of the dates to be present.

On Oct. 13, 2022, the Planning Board unanimously denied Harvard Way's application to build a 107,366 sq. ft. warehouse near the Green Hills Community. Read More: Warehouse Application Denied By Hillsborough Planning Board

The board's biggest reason for the denial was linked to the lack of testing on the impacts of flooding in the area along with not knowing who the tenant would be to occupy the space to understand its full impact on the community.

Following the denial Harvard Way JMJ4, LLC filed a lawsuit in December 2022 claiming the Planning Board's "denial came based on an obvious bias against warehousing applications due to public pressure and the current political climate."

When asked for comment on the upcoming hearings to re-review the resolution, Bernstein told Patch, "The matter is still the subject of ongoing litigation and the Township/Board do not comment on same."

See the full lawsuit below:

CivilCaseJacket (16) by Alexis Tarrazi on Scribd