Bernardsville board grants completeness waivers for Rushman Farm subdivision; applicant agrees to limit future development while commercial use remains

The Bernardsville Board of Adjustment on Sept. 16 agreed to grant the applicant’s requested completeness waivers so testimony can proceed on a proposed subdivision of the 215-acre Rushman Farm estate.

Attorney Susan Rubbright, representing the estate of Bertha E. Rushmore, told the board the application’s sole purpose is to implement the will and divide the land among three heirs, not to initiate new construction. “We’re not seeking to build anything now or for the foreseeable future,” Rubbright said, adding that the estate will accept conditions designed to keep existing farm and commercial activities in place.

The applicant’s engineer, Richard Schulmer of H2M, described the property as two parcels divided by a railroad: a roughly 124.5-acre north parcel that contains the longstanding commercial operation (referred to in the record as a "glitter factory") and several clustered residences and farm buildings; and a roughly 90.7-acre south parcel of open fields. Schulmer said the team proposed eight oversized lots (several 30+ acre lots and a separate 6.5-acre lot intended to contain the factory) so the existing uses and farm access could be preserved. He also reviewed mapped constraints including riparian buffers along Mine Brook, FEMA flood areas, and mapped freshwater wetlands from NJ GeoWeb, and said the applicant has not done a full on-site wetland delineation because the subdivision is intended to preserve the status quo.

Board members repeatedly pressed how future development would be controlled if the subdivision is approved. In response, Rubbright offered a binding condition that any further subdivision or development would require the commercial use to have ceased and would require the owner to return to the appropriate land-use board for review. “We are perfectly willing to accept that condition,” she said.

The board and professionals discussed several technical issues the applicant requested waivers for, including formal wetland delineation, soils/topography details, and other site engineering items the board engineer had listed in review memos by Mr. Brightley and another reviewer, Mr. Zable. The board said it was comfortable granting waivers for completeness at this stage provided the applicant remains able to supply additional information if a material issue arises during the hearing.

The board also flagged public-safety and process items the applicant must clarify before final action: whether existing railroad crossings (two permitted crossings across the active right-of-way) will be affected by the lot split; whether New Jersey Transit or other rail authorities need to be re-notified; documentation of existing septic systems and NJDEP-related permits tied to the commercial operation; and explicit easement language to preserve shared farm access across the newly created lots. Neighbor Henry Reichman objected to aspects of the engineer’s presentation during the hearing, saying the preliminary orientation and some facts were incorrect; another neighbor, Karen Hazelton, asked for detail on the factory’s NJPDES/permitting and whether that permit would be affected by the subdivision.

After the discussion the board voted to grant the requested completeness waivers (a motion was made and seconded). The hearing was carried to Oct. 7 without further notice and to Oct. 21 if needed; the board instructed the applicant to provide the exhibits and additional clarifying information requested by staff and the reviewing professionals before the next session.

What happens next: the board will resume testimony at its next meeting on Oct. 7, when the applicant’s engineer and environmental witnesses are expected to continue. The board emphasized that granting waivers at this stage is not final approval of the subdivision and that any future development would require separate approvals and, where applicable, fresh environmental or engineering studies.