Activity Report
November 2004

• Super Wawa:

  The proposed store is on 3.5 acres of deed-restricted land, housing only. The deed is 50 years old. According to the landowner's insurance company, the restriction is not valid. According to Stuart Lieberman (Rocky contacted him for advice), restrictions are looked upon with disfavor because they restrict development. Deed restrictions are looked at with respect to nearby development. Wawa is being aggressive and is asking for a zoning variance. The Mayor is against changing the zoning. The issue will probably end up in court. Wawa is trying the same machinations in Pemberton. Bill Potter, the attorney for Save Hamilton Open Space (SHOS), advised that the restriction won't be honored.

• Skeba and Dey Farms:

  Presentations to the Planning Board continue to be postponed while the Township works to pass its downzoning ordinance. The Township approached the developers or owners of the Dey farm about farmland preservation, and there was some interest in it. SHOS hired Steve Souza, a stormwater expert, who reviewed the plans for both farms. Stormwater regulations are not being met. The Planning Board can require corrections, vote no, or grant preliminary approval.

  Rocky received word that there is a new development proposed for the farm next to the Dey farm.

  In the works is also a proposed road through farmland that would link the new developments with the Arsenic Mall on Route 130. The road would link Burlington County with the Crosswicks Creek area.

• Klockner Road Woods:

  The conflict over eminent domain is in Superior Court. Judge Feinberg postponed arguments. The landowner doesn't agree that the Township has eminent domain rights.

• ShopRite:

  The issue is in court. Rocky spoke with the SHOS attorney (who works with Stuart Lieberman) who says that winning this will be difficult because the Planning Board must approve applications that meet all requirements; traffic on surrounding roads is not to be considered. It was a stretch for the Planning Board to deny permission to the developer. The case goes to Judge Feinberg this week. The lawyer who wrote the brief for the Township used to be Feinberg's clerk, so he knows how Feinberg thinks. Meanwhile, Levin Management is talking to Kramont (the owners of the adjacent shopping center). We are hoping for an agreement before the case goes to trial.

• Route 92:

  The NJ Turnpike Authority has submitted permit applications to the DEP. Martin Robins of the Rutgers University Voorhees Transportation Policy Institute told Laura that an agreement on conflict mediation is imminent.

• Wal-Mart:

  Laura sent a letter to Lawrence Township about Wal-Mart's catastrophic environmental record and problems with the proposed Lawrence Township Wal-Mart site.

• Pole Farm:

  We have heard rumors that soccer fields might be proposed for the Pole Farm. There will be another public hearing before the County approves the plans. We will stress concerns with endangered species, preferences for open space by residents, and traffic and safety problems if soccer fields are built.

• Mercer County Greenway:

  Dave Mattek is trying to set up a meeting with the D&R Greenway as his Mercer County greenway plans continue.

• Cross-Acceptance:

  Laura is working with a contact in Princeton to stop the conversion of the Princeton Ridge from PA5 to PA2.