A fight in Piscataway against two large warehouses near an elementary school and an ecological park has been dealt another blow.
On March 19, a judge in Middlesex County Superior Court dismissed a lawsuit brought by Piscataway residents against the town and its planning board challenging the rezoning of 24.5 acres of forest and wetland from rural - residential to industrial, according to a copy of the 55-page order and opinion.
The property on South Washington Avenue is about 220 yards from Randolphville Elementary School, which is attended by approximately 420 kids in Kindergarten through third grade, according to the latest state data. The site is also across the street from Piscataway Ecological Park, an open space that was once a working farm.
Staci Berger, one of the plaintiffs in the suit, said opponents to the warehouse project were “deeply disappointed in the judge’s decision.”
“Lots of people have said this is not what they want,” said Berger, who is challenging longtime Democratic Mayor Brian Wahler in the June primary.
Residents filed the lawsuit against Piscataway and its planning board in January 2022. The lawsuit argued that town officials “failed to identify and acknowledge” the new industrial zone’s “inconsistencies with the Township’s Master Plan,” when they adopted an ordinance in Dec. 2021 rezoning property on South Washington Avenue to allow warehouses.
Wahler celebrated the judge’s decision in a post on the town’s website, describing it as an overwhelming victory for Piscataway residents.
“The ruling is a victory for good planning, stable taxes, prosperity for residents and a thriving Piscataway,” Wahler said. “Sadly, the Township was forced to spend hard earned tax dollars defending our residents against the machinations of this frivolous lawsuit. Nevertheless, the ruling was clear and Piscataway can continue to move forward.”
The Piscataway Democratic Organization also showed support for the lawsuit’s dismissal.
In a Facebook post on Tuesday, the local political group said the decision paved the way for “good paying jobs, no stress on the school system, tax revenue, and smart growth.”
“We support the township,” the Piscataway Democratic Organization said, adding that the lawsuit was politically motivated.
The lawsuit was brought by 10 individual residents, including Berger, and three community organizations: the Piscataway Progressive Democratic Organization, Piscataway Families for Clean Air, and Piscataway Youth Progressive Organization.
Some of the plaintiffs were also part of a lawsuit challenging the zoning board’s March 2021 approval of two warehouses totaling 360,000 square feet on the same property. That lawsuit was dismissed in May 2022, according to court records.
In both lawsuits, residents said they were concerned about air quality, traffic safety, and the public health implications of the new warehouse project planned for the industrial zone by M&M Realty Partners of Piscataway.
But Superior Court Judge Aravind Aithal disagreed with residents in an opinion published last week dismissing the complaint.
“This court finds that the township’s reasoning for adopting ordinance 2021-38 is clear and sufficiently supported in the record,” Aithal said in his opinion.
The property in question has been a source of debate for years.
M&M Realty Partners initially submitted plans in 2016 to build a mixed-use project on the forested South Washington Avenue property, according to the lawsuit.
The plans called for nearly 300 condominiums and 100,000 square feet of retail, the lawsuit states. The zoning board denied that application.
M&M Realty Partners filed a lawsuit against the township. The two parties settled in 2018 and the zoning board granted a variance to M&M Realty Partners to develop the property on South Washington Avenue into a mixed commercial and residential development, according to the lawsuit.
“Thereafter, M&M abandoned its approval, and instead sought another variance approval for a warehouse project collectively disturbing 896,750 square feet of forest and wetlands,” the suit claims.
Since the project’s 2021 approval, M&M Realty Partners has finished constructing the two warehouses — one at 184,848 square feet and another at 174,674 square feet. The developer is advertising the buildings as available for leasing.
The company could not immediately be reached for comment.
The plaintiffs said they were still discussing whether or not to appeal the most recent legal decision.
Our journalism needs your support. Please subscribe today to NJ.com.
Jackie Roman may be reached at jroman@njadvancemedia.com.
