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Bernardsville board terminates earlier approval for 21 Liberty Road after applicant abandons project
Summary
The Board of Adjustment unanimously voted to terminate a prior approval for Liberty Parks LLC concerning property at 21 Liberty Road (Block 113, Lot 13); the termination follows a June 3, 2024 attorney letter stating the applicant is precluded from proceeding and has abandoned the approval.
The Bernardsville Board of Adjustment voted unanimously on Sept. 16 to terminate a previously granted approval for property at 21 Liberty Road (Block 113, Lot 13) after reading and adopting a resolution reflecting a June 3, 2024 letter from the applicant’s attorney stating the applicant will not proceed with the approved use.
In the resolution the board recited that public hearings on the original application were held in December 2023 and March 2024 and that the applicant’s counsel had stated the applicant was “precluded from proceeding” and intended to abandon the approval. The board determined that the prior approval should be “terminated, null and void” because the applicant abandoned the approval and is no longer able to proceed under the prior conditions.
At roll call the board recorded the following votes: Mr. Delaruso — yes; Mr. Green — yes; Miss Kramer — yes; Mr. McDow — yes; Mr. Sier — yes; Mr. Sloum — yes; Mr. Milo — yes. The chair announced the motion carried.
The resolution memorializes the board’s finding that the earlier conditional approval is voided and that the property will no longer benefit from that prior approval as a matter of land-use record. The termination does not itself decide any new application; future proposals for the property would need to be filed and noticed in accordance with the municipal land-use law.
