By Philip Sean Curran, Staff Writer
The partner of openly gay council candidate Patrick Simon vowed this week to sue the borough, alleging the municipality improperly issued a street-opening permit for a development on his block.
Marc Weiner made the threat in an email to borough officials Tuesday night, not long after Mr. Simon went to the Borough Council meeting to publicly raise the issue on Harriet Drive. In the email, Mr. Weiner notified officials of his intention to seek a superior court judge’s order to halt work as well as “legal damages.”
Neither Mr. Weiner nor Mr. Simon had any further comment on the issue when contacted Wednesday afternoon. They have a lawyer, John M. Hanamirian, representing them.
The issue deals with borough regulations about digging up newly paved roads. A borough official, speaking on the condition of anonymity, said Wednesday that the borough restricts opening streets for five years after they have been resurfaced, unless in an emergency or unsafe condition.
The official said the requirement has been waived by the borough in the past, so long as developers agree to repave the street at their cost in front of the respective property that is being developed.
”It’s not a trivial cost,” added Council President Barbara Trelstad, who said it can be anywhere from $20,000 to $30,000.
On Tuesday, Mr. Simon, a Democrat, wrote to borough engineer Jack West and then later to the full governing body. In the email to Mr. West, he requested the engineer issue “an immediate stop work order” on Harriet Drive because the digging violated a borough code.
In his email to the governing body, Mr. Simon wrote that Mr. West indicated that he would take no action “until he checks with the borough attorney.” Mr. Simon deplored that borough code being “disregarded with respect to restrictions regarding opening newly paved streets.”
”There is no excuse for this,” wrote Mr. Simon, who added he also was sharing concerns of neighbors. He said when neighbors came to oppose the development project at the planning board, board members “made this requirement clear to everyone in attendance, including the neighbors, the developers and the engineer.”
In this instance, Ms. Trelstad said developer Roman Barsky is building two houses on a sub-divided lot that used to contain one residence. The street needed to be opened to make a utility connection, the borough said.
Ms. Trelstad said the stop work order request “makes no sense” because it potentially would leave a hole in the ground and two unfinished houses.
”The project must have sewer and water and to get the sewer and the water must disturb the street, Borough Administrator Robert W. Bruschi wrote in an email Tuesday to council members. “This action is consistent with how we have dealt with these issues in the past and there really is no other viable alternative.”
Mr. Simon’s running mates include sitting Borough Councilwomen Jo S. Butler, Heather H. Howard and Jenny Crumiller all of whom would be defendants in a lawsuit.
”He’s got to do what he’s got to do,” Ms. Butler said Wednesday of Mr. Simon. “This will get worked out.”

