Land Use Board approves Decker Pond Road site plan and Razberry D2 variance for SAKS Properties

The Green Township Land Use Board on May 8 approved a subdivision and site plan for SAKS Properties, LLC’s redevelopment at 57 Decker Pond Road, resolving a contested question over whether the existing liquor-store use required a Razberry-style use variance.

Land Use Board Chairman Scott Holzhauer presided over a hearing in which applicants and their professionals described changes to lighting, signage and the planned new building. Applicant representative and engineer Mark Gimigliano testified that the revised lighting plan “now reflects 12 decorative poles with acorn-style fixtures” and recessed canopy and downward-facing exit lights; a lighting analysis submitted to the Board showed illumination levels of between 0.5 and 5 foot-candles in pedestrian and vehicle areas and rapid falloff outside the development area.

The hearing centered on whether the property’s existing liquor-store operation is a prohibited use in the zone or a permitted convenience‑store-type activity that could continue after subdivision. Applicant planner Donna Holmqvist told the Board she did not view the application as a Razberry’s Case because the proposal would create two conforming lots, meet area and bulk standards, add buffers and reduce building square footage; she said the shared driveway and added landscaping would limit site impacts. “If you look strictly at the definition of a strip shopping center this building meets that definition because of how it is worded,” she cautioned, but said the subdivision would not intensify activity or harm the neighborhood.

Board Attorney David Brady countered during argument that a liquor store is not a permitted use in the zone and that, if the principal use is a liquor store, Razberry principles could require a D1/D2 variance analysis under 55:D-70 d(1). After discussion, the Board first voted 6–1 to find that the current use, as described in testimony and consistent with a 2017 determination, should be treated as a permitted convenience-store-type use for purposes of the application. Joseph Cercone cast the lone nay on that motion.

The Board then voted unanimously to grant the D2 variance under the Razberry analysis and approved the site plan and subdivision with conditions, C-variances for two wall signs and permission for a liquor-store name on an adjacent monument sign, and waivers for lighting that crosses a common property line, a five-foot drive-aisle setback from the property line, no sidewalks due to steep topography, and a partial landscape-buffer waiver around the septic area.

Attorney Jason Rittie read conditions attached to the approvals, including limiting deliveries for the new building to 8 a.m.–8 p.m.; planting approximately six to eight evergreen trees along the northeast property line for the adjacent neighbor; turning ornamental cupola lighting off at night; reducing post-closing exterior lighting to two or three security fixtures (to be chosen by the project professionals); requiring professionals to inspect and supplement plantings during construction as needed; installing a six-foot natural-colored fence and arborvitae around the septic field; removing a portion of an existing driveway to lower impervious coverage; and requiring parking and septic calculations for every tenant change to confirm compliance. Outside-agency approvals required include county stormwater recording and easements for the common driveway and septic, and engineered drawings for retaining walls.

Board professionals also recorded technical details in the record: proposed fixture color temperature is 3,000 Kelvin; the basement will be storage and mechanical only; and the project includes two electric vehicle charging stations (one installed, one make‑ready). The applicant’s engineer testified that the site’s illumination will be limited and that storefront signage will be externally lit rather than internally illuminated.

Public comment included concerns from resident Kim Hart that approval could erode the township’s rural character, increase traffic and accident risk — calling for traffic and noise studies before approval — and a request from Susan Wilson that natural materials be used to help the building blend into the surroundings. The Board closed public comment before voting.

The Board’s final roll-call vote to approve the subdivision, site plan, variances and waivers was unanimous. The application concluded at 8:48 p.m.; the Board placed several conditions on the approval and required additional outside-agency and engineering submissions before construction permits would be issued.