Laptop Battery After nearly a decade of costly litigation and more than two weeks of often contentious negotiation, the township council has voted to accept the terms of a settlement with Toll Brothers over the development of 1,165 housing units off Bear Brook Road.
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Thinkpad The terms were hammered out in several sessions between township attorney Michael Herbert, planning board attorney Jerry Muller and representatives of Toll Brothers. The council spent several hours in recent weeks discussing the terms and finally accepted the settlement in a 4-to-1 vote after a five-hour open session ending early yesterday morning. Councilwoman Rae Roeder cast the only dissenting vote.
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Microsoft Mayor Shing-Fu Hsueh, who helped to broker the deal, said he is very happy to end litigation that went all the way to the New Jersey Supreme Court.
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Laptop Computers "It was a very exhausting process but I'm happy to see the final result," said Hsueh. "At least this will give us the opportunity to communicate with Toll's management without going through their attorney."
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Laptop Computer While the council has approved it, the agreement still faces two more hurdles before it becomes final.
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Desktop Computer Toll is requesting a document, separate from the agreement itself, in which all its legal obligations are detailed. Joe O'Shea, president of the Windsor Haven Condominium Association, said his group objects to language in the release, stating it was different from the language in the actual settlement document.
Notebooks Township attorney Herbert warned the council that if Windsor Haven were to pull out of the settlement, it would send the township and Toll back to the table.
Lenovo When asked if the inconsistencies could result in Windsor Haven backing out of the deal, O'Shea said it was possible, but he was still optimistic. The condominium association meets tonight to discuss the issue.
Hard Drive "I'm confident that the good-faith negotiations that are ensuing with Toll will result in an understanding between Toll and Windsor Haven in the changes we requested," O'Shea said.
Travelstar The planning board also must vote on the agreement this week, and attorney Muller said he expected no problems.
Gateway The settlement contains 23 paragraphs that call for concessions from all sides, including a $250,000 payment from Toll Brothers to address storm water issues in Windsor Haven. As part of the agreement, Toll also will take responsibility for the raising of Bear Brook Road to address flooding issues and the addition of traffic signals at the intersection with Meadow Road, a project which could have cost the municipality $700,000.
Laptop Parts West Windsor will allow for the closing of the road during construction. Toll will also pay the fees for the court-appointed mediator, which now amount to more than $108,000.
Software Much of the agreement concerns the permitting of the project, a process that Hsueh said he was determined to keep with the township rather than have it transferred to the state. Under the Mount Laurel court decision on affordable housing, the state could have assumed control if it appeared the township was trying to block the development.
Hard Drives With the settlement, West Windsor will keep the process under its own roof and has agreed not to use permits as a way to stall Toll's progress.
Electronics Should there be any further disputes between the town and developer, both sides have agreed to a resolution process that would allow the problem to be addressed without the help of the courts.
Canon In exchange for the concessions by Toll, West Windsor agreed to end its remaining litigation and no longer attempt to block the development.
Desktop Pc The agreement does not address the number or type of units to be built. Those issues were decided by the Supreme Court last summer when, in a decision that sent ripples through the state, it ruled that West Windsor would have to accept the Toll development in order to comply with the state's affordable housing guidelines.
Desktop Computers "It's a good settlement," said Council President Charles Morgan. "It's as good as we can get. There's something in it for us and there is something in it for Toll," he said. "I think we spent an inordinate amount of time going through nits that were of little value and were really just stating the obvious."
Think Pad Several council members raised the possibility of future litigation over the amount of affordable housing in West Windsor, the issue which began the lawsuit parade a decade ago. All wanted assurances that the town would not find itself in the position of defending West Windsor's affordable housing numbers in court again.
Repair As the only dissenting voter, Roeder said she does not believe the settlement will help the current or future residents of West Windsor. "It's very easy not to look in the future because those faces are not in front of you," Roeder said. "I will continue to oppose the outrageous behavior of the attorney involved with this development."
Data Recovery She was referring to Toll Brothers' attorney Henry Hill, who could not be reached for comment on the agreement.
Cisco By Darryl R. Isherwood
Trenton Times - 12/4/2002
Topic: Sprawl
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