Laptop Battery Tree-clearing to make room for the 1,165-unit Toll Brothers housing development continued Friday, a day after the township council asked Gov. James E. McGreevey to halt the project. The governor's office did not return calls for comment on the issue.
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Thinkpad Also yesterday, the state's environmental protection chief yesterday dismissed the township council's allegation that he favors Toll Brothers.
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Microsoft That allegation is the basis for the council's request for the governor's intervention.
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Laptop Computers "The record makes clear that any claim of bias is simply bizarre," said Bradley Campbell, commissioner of the state Department of Environmental Protection.
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Laptop Computer "The principal complaint is about a stream-encroachment permit that was issued (to Toll Brothers) in November 2001, well before I was sworn into this job (on Jan. 15)," Campbell said.
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Desktop Computer Campbell said, at the township's request, he put the stream-encroachment permit on hold July 3 until all other permits required for the development - primarily those involving wetlands on the site - are approved.
Notebooks He stands by the DEP's decision in March that rejected requests for a hearing to challenge the permit, because regulation does not mandate one.
Lenovo Townhip lawyers and a group of residents from the Windsor Haven development that neighbors the 293-acre Toll site asked for that hearing.
Hard Drive In it, they would have tried to prove that the stream-encroachment permit should be withdrawn because water runoff from the project could overwhelm a tributary to Little Bear Brook and flood adjacent properties, including Windsor Haven.
Travelstar "If you're not the applicant, you have to show a particular property interest that would be affected by the decision (to grant the permit), like if you're a neighbor whose basement would be flooded, that kind of thing," he said.
Gateway Township lawyers challenged the DEP's hearing denial in a state appellate division court last month, but the court has yet to make a decision.
Laptop Parts Council President Charlie Morgan said the key worry for him regarding the stream-encroachment permit is that Toll Brothers cannot guarantee that neighboring properties will not flood once the project is built.
Software But Toll attorney Henry Hill counters that no developer can offer such guarantees, regardless of the location.
Hard Drives "We've said we won't cause . . . or contribute to the flooding," Hill said. "We will strictly adhere to engineering standards, which require that rate of runoff post-development won't exceed rate of runoff before development."
Electronics Campbell criticized the council's effort to draw the governor into the dispute.
Canon "It's both extraordinary and inappropriate to ask the governor to personally intervene in a judicial proceeding where the issue will be resolved on the merits," Campbell said.
Desktop Pc Although he acknowledged that the appeal to the governor is unusual, township attorney Michael J. Herbert suggested that Campbell's actions in handling the Toll Brothers case have been inappropriate.
Desktop Computers "We find it astonishing that the commissioner's office could actually state that the township and Windsor Haven have no standing" or vested interest regarding the permit, Herbert said.
Think Pad Campbell also denied the council's claim that he acted improperly when, on Sept. 9, he issued a clarification of his July 3 temporary order against the stream-encroachment permit.
Repair That clarification - requested Aug. 26 by Hill - essentially gave Toll Brothers the green light to start clearing 25 acres of trees on its Bear Brook Road site.
Data Recovery Those trees are outside the stream-encroachment and other permit-restricted zones, Hill said.
Cisco Township officials contend Campbell should have given them a chance to respond to Hill's request or at least informed them of the clarification.
Keyboard Although the township has not contested Hill's assertion that the trees are outside stream-encroachment areas, Mayor Shing-Fu Hsueh and the council have said that no work should take place while decisions on court appeals in the matter are unresolved.
By Robert Stern
Trenton Times - 9/22/2002
Topic: Sprawl
