Laptop Battery The township's battle with homebuilder Toll Brothers branched out in a new direction this week - one focused on blocking Toll from cutting down trees to make room for its long-planned development of 1,165 housing units. Toll Brothers began chopping trees at the site off Bear Brook Road early yesterday, part of a tree-clearing effort likely to last two to four weeks, representatives for the developer said.
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Thinkpad The action followed township attorney Karen Cayci's petition late Wednesday for an emergency temporary injunction against the tree removal from a state appellate court panel.
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Microsoft Lawyers for Toll Brothers and possibly the state Department of Environmental Protection will file court papers responding to the township's request today, Toll Brothers attorney Henry Hill said.
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Laptop Computers West Windsor officials said Toll Brothers shouldn't have started cutting down the trees before obtaining a critical stream-encroachment permit from the DEP.
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Laptop Computer The permit is virtually the last regulatory obstacle that prevents Toll from starting to build its 293-acre housing development.
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Desktop Computer Township officials contend the DEP ultimately should deny the permit because water runoff from the project might overwhelm a tributary to Little Bear Brook and flood adjacent properties.
Notebooks "The whole Little Bear Brook is a very small watershed and the changes of vegetation definitely will have significant impact downstream," Mayor Shing-Fu Hsueh said.
Lenovo Hill disputed that argument and described the township's attempt to link the tree removal with the stream-encroachment permit as a groundless tactic designed to stall the project.
Hard Drive "This is just another attempt to keep the poor from living in West Windsor Township under the guise of environmental concern," Hill said.
Travelstar Not so, township attorney Michael J. Herbert said.
Gateway "We oppose (the stream-encroachment permit) because we believe there's a substantial likelihood there would be substantial flooding of the Windsor Haven neighborhood," Herbert said.
Laptop Parts Windsor Haven is an existing development next to the Toll site that, like the Toll plan, includes some affordable-housing units.
Software Toll Brothers started cutting down trees on its site this week only after getting clarification from DEP Commissioner Bradley Campbell, confirming that they could do so even without the stream-encroachment permit because the trees are outside the stream corridor, Hill said.
Hard Drives A key point in the township's request for a temporary court order against the clearing claims that Campbell's decision was inherently unfair to the township, Herbert said.
Electronics "The commissioner issued this so-called clarification without giving the township the opportunity to have any input, so there's a real question about fundamental fairness and due process that's implicated in this appeal," Herbert said.
Canon DEP officials could not immediately be reached for comment late yesterday.
Desktop Pc The township wants the injunction granted as soon as possible, Herbert said.
Desktop Computers "Time is of the essence because, as we speak, trees are being removed," he said.
Think Pad The trees in question cover about 25 noncontiguous acres of upland (as opposed to wetland) forest on Toll's site, township landscape architect Dan Dobromilsky said.
Repair The trees probably include maples, oaks and beech - some estimated to be 60 to 70 years old - Dobromilsky said.
Data Recovery The site also includes large swaths of open fields.
Cisco "There are some hedgerows of mixed trees, areas of mature forest (and) areas of secondary growth that's younger," Dobromilsky said.
Keyboard "They have approval to do tree-clearing to implement their plan," he said.
Monitor But one "question is to what degree it affects environmental permitting."
Desktop The "second part is more of a matter of doing work before you have your permit," he said.
Infosys Hsueh said the township had no alternative but to seek the court injunction.
Refurbished Laptops "It's a last resort for the township to take legal action like this," Hsueh said. "We really have no choice."
By Robert Stern
Trenton Times - 9/13/2002
Topic: Sprawl
