Last week the Township of Nutley filed an appeal against a New Jersey Superior Court ruling that would potentially open the door for a speculative truck terminal to be built by On3 developers (PB Nutclif Master, LLC, an affiliate of Prism Capital Partners) on Kingland St. (across from Cathedral Ave) in Nutley. The property at 247 Kingsland Street was previously owned by Hoffman LaRoche. 

"We firmly disagree with the decision and have filed an appeal," says Mayor John V. Kelly, III. "The project has not received any approvals from the Township and must now be considered by the Planning Board, as a result of the Court’s ruling. While a hearing date on this application has not yet been established, I anticipate that our residents will attend the hearing and express their opinions regarding the developer’s proposal to build what they call a “warehouse” at that site. It would create a traffic and environmental nightmare for both the town and the neighborhood, and it’s clear that the developers are not considering these concerns."

The developers submitted plans purportedly proposing a “warehouse” on the site, but our Zoning Officer and the Township’s Zoning Board determined that these plans actually constituted a “truck terminal”, which is not permitted in the town. No end user was identified for the site during the hearings, nor did the developer provide substantive details regarding how the site might actually function. All of these issues will be considered and addressed by the Planning Board when a hearing is scheduled.

Disagreeing with the Zoning Officer's assessment, the developers filed an application with the Zoning Board to appeal the decision and seek clarification on the definitions of "warehouse" and "truck terminal." According to the Township's definition, a "truck terminal" is any lot where more than three trucks weighing over 1 1⁄2 tons are parked outdoors overnight.

The Zoning Board held a public hearing on April 19, 2021, where they upheld the Zoning Official's decision. The Board noted that the plans included 55 outdoor parking spaces and 40 loading bays, and there was expert testimony suggesting that trailers might be left outside. However, the specific business operations for the proposed project were unclear since it was being built “on speculation” without a confirmed tenant.

On August 26, 2021, the developers  filed a Complaint in lieu of Prerogative Writs in the Superior Court, Law Division, Essex County, seeking to overturn the Zoning Officer and Zoning Board’s decision. They argued that the truck terminal definition was too broad and that the Zoning Officer's decision was unreasonable. On February 4 of this year, the Court ruled that the Zoning Board and Zoning Official's decision was not supported by the code definitions and overturned their ruling, stating that the plans did not require a use variance because they did not represent a prohibited use. The Court ultimately overturned the Zoning Board’s decision on the basis of the very limited facts that had been presented to the Zoning Board and Zoning Official at the time.

On February 19, the Board of Commissioners and the Zoning Official’s counsel filed an appeal against the trial court’s February 4 order. The Appeal addresses all of the concerns that Nutley had previously raised including the Township’s position that the trial court wrongly classified the developer’s application as a permitted warehouse use rather than a non-permitted truck terminal. The Zoning Board also joined in the appeal. 

“We are confident of prevailing on appeal and will continue to work tirelessly to protect our residents and our community," Mayor Kelly added. “The Township will continue to take all necessary steps to ensure that its residents and the community are not adversely impacted by redevelopment of the On3 Campus. While we remain committed to the economic revitalization of the site, and have attempted to resolve our issues with the developer for years, we remain committed to working with the developer collaboratively to bring about a shared vision we can all be proud of.”