Lawsuit Filed Over Denial Of Allen Road Manufacturing Building In Basking Ridge

BASKING RIDGE, NJ — The Bernards Township Zoning Board of Adjustment is being sued for denying Signature Acquisitions, LLC's application to remove an existing office building and build two new buildings for light industrial/manufacturing and office space off Allen Road.

"The Board’s denial of the Application for preliminary and final site plan approval with bulk variance and/or design waiver relief was arbitrary, capricious and unreasonable, violative of the Municipal Land Use Law, and was contrary to the principles of sound planning," according to the lawsuit.

Signature Acquisitions filed the lawsuit in Somerset County Superior Court on March 27.

Signature's application was proposing 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.

The project was met with much pushback. A total of 70 residents spoke over a total of six hours at two different meetings expressing their opposition. Many residents specifically spoke about the impacts the traffic would have to the area.

Ultimately at that same meeting, all six members of the Bernards Township Zoning Board of Adjustment voted to deny the application citing issues with the D-4 variance, which looked to exceed the allowable Floor Area Ratio(FAR) from 15 percent to 19.83 percent. Read More: Basking Ridge Denies Allen Road Manufacturing Building Application

The lawsuit claims that the Plaintiff’s attorney explained to the Board at the time that "light manufacturing is a permitted use in the E-2 Zone and truck traffic is an inherent consequence of this permitted use, and that the light-manufacturing component of the proposed Buildings will be under a 15-percent FAR, the impacts of which are fully contemplated in the township's code for light manufacturing uses in the E-2 Zone."

Additionally, the lawsuit states, "although it is clear that the Objectors and the public focused on truck traffic, they failed to present professional traffic testimony or compelling evidence of any substantial detriment arising from the relief sought."

A request for comment from Bernards Township Zoning Board Attorney Steven Warner was not immediately returned to Patch.

The lawsuit is seeking for judge to:

• Declare that the Board’s denial of Plaintiff’s Application for preliminary and final site approval with variance and design waiver relief was arbitrary, capricious, and unreasonable
• Declare the Board’s denial of Plaintiff’s Application for preliminary and final site plan approval with variance and design waiver relief is null and void
• Grant Plaintiff’s Application for preliminary and final site plan approval with variance and design waiver without any extraneous conditions, except for compliance with technical engineering and planning comments previously agreed to during the course of the public hearings
• Awarding attorney’s fees and costs of suit
• Granting such other and further relief as the Court deems equitable and just

See the full lawsuit below:

CivilCaseJacket (17) by Alexis Tarrazi on Scribd

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