MONTGOMERY: Residents say home plans endanger environment

By Kristine Snodgrass, Staff Writer
   MONTGOMERY — A group of concerned residents are trying to prevent Planning Board approval of a cluster home development on a piece of undeveloped property they believe is home to several endangered species.
   The proposed 54-home development, consisting of 3,000- to 4,000-square-foot houses on half-acre or smaller lots, would be built on an 88-acre site known as Westwind Farms, located between Sunset and Burnt Hill roads.
   Paul Cresti, who lives on Burnt Hill Road, is worried development on the property would destroy its value as open space and a wildlife habitat.
   ”This is the last piece of very large area that remains untouched, pristine, since the township has begun,” he said.
   Many residents have reported seeing endangered species near the property, he said, including the bog turtle, corn snake, short-eared owl and the northern goes hawk as well as threatened species, including the coopers hawk and the barred owl.
   The concerned neighbors even offered to hire a wildlife expert at their own expense to come in and do a survey of the property, he said. The developer, East Country Development Associates, refused to provide access to the site as their environmental expert already had provided testimony that endangered species are not present.
   The four residents also wrote a letter to the commissioner of the state Department of Environmental Protection to request further study of the land and its wildlife, which has received no response, Mr. Cresti said.
   Ed Spector, a Badger Drive resident, said a hawk was trapped in his garage this week, evidence of the diverse wildlife on the property. It was removed by township Animal Control Officer Ryan Giordano, who said the hawk had become trapped while chasing a bird. The bird was transferred to the Mercer County Wildlife Center and is scheduled to be released today, he said.
   It was determined to be a sharp shinned hawk, which is not endangered or protected in the state, he said. Though endangered species have been found in the township, he said, he is “not aware of any specifically on that property.”
   Though the township Planning Board has no jurisdiction over claims of endangered wildlife, its members are concerned about drainage and storm water runoff issues in the area. Neighboring homeowners have testified to the board about flooding in basements and standing water on their properties, and a township consulting engineer has requested the developer to provide more information about water-related issues on the property.
   Mayor Louise Wilson, a member of the Planning Board, said she is sympathetic to the concerns of the residents.
   ”I must say, I think that the concerns that have been voiced by the neighbors are legitimate,” she said. “Anybody who lives near the property can see that there’s a wide variety of wildlife that use that property. It’s connected with a long and broad greenway stream corridor that extends all the way up into the Sourland (Mountain Preserve).”
   However, the proposed development received Planning Board approvals in 1977 and 1988, she said. State law protects these approvals, although they were made years ago, she said.
   ”The Planning Board has fewer options than it would if these approvals weren’t in place,” she said.
   The property was approved under a “cluster home” ordinance, which allows developers to set aside a certain portion of the property for open space in exchange for additional development capacity.
   ”In the here and now in Montgomery, I don’t think that ordinance makes sense anymore,” she said.
   Deputy Mayor Cecilia Birge, also a Planning Board member, echoed Mayor Wilson’s frustration with the proposed development. The developer is doing the bare minimum required by the law to meet standards, she said.
   ”Based on what I’ve heard so far, I cannot vote for this,” she said. “It’s not convincing enough. They have not addressed all of the issues.”
   As to the developer’s motivation to go forward with the development in the current economic climate, Mayor Wilson said the property recently has gained access to the sewer treatment plant.
   ”They did not have a reasonable opportunity for access to sewer service until the last couple of years,” she said.
   The developer will next appear before the Planning Board at a hearing March 23.
   Mr. Cresti said he and his neighbors are asking other concerned residents to attend the meeting to express opposition to the development. They hope for a downsized development, he said, and will pursue proof of the existence of endangered species on the property.
   Calls to Kevin Hayes of East Country Development Associates and attorney Neil Yoskin for comment were not returned by press time.
PHOTO: Residents of Badger Drive in Montgomery say wildlife in this wooded area will be endangered by a plan for cluster housing. From left, Holly and Edward Spector, their son Dillan and neighbor Michael DiMario. Staff photo by Mark Czajkowski