By JACQUELINE DURETT
Correspondent
EDISON — Concerned over actions by a developer, residents asked the township to tighten up its zoning policies at the April 13 Township Council meeting.
Resident Bruce Diamond addressed the council about concerns he had about a developer who was allowed to modify a property on Calvert Street to address drainage issues. He said the result was the removal of many trees and the creation of a significant retaining wall that he said was an eyesore to the neighbors.
Diamond said that property was just one example of developers pushing boundaries and claiming hardships to build what they want.
Officials acknowledged that their control over these situations is limited. Township Attorney Bill Northgrave said as long as all the zoning rules are being followed, “there’s really nothing that the town can do.”
Councilman Robert Diehl said he agreed with Diamond, adding that sometimes the existing laws are insufficient to deal with some of these issues.
“We should take a look at this. It is getting away from us,” he said. “It is.”
Township Engineer Mark Kataryniak, who said he was familiar with the property Diamond was complaining about, said the township does require all homeowners and developers to adhere to a strict tree-replacement policy. That requirement is based on the number and size of the trees; it also can be satisfied with a payment in lieu of replacement.
However, for some residents, that policy doesn’t go far enough. “I think you have the wrong rules here,” resident Fred Wolke said, adding that when trees are removed, drainage not just on the property under development is affected, but surrounding properties are, too.
“I don’t agree with it, but if that’s the way it is, that’s the way it is,” he said.
Diehl asked about enforcement on replacement trees, which he said he felt are often replaced in substandard ways.
Council President Michael Lombardi said developers are responsible for new trees for two years after planting. Kataryniak said his office requires developers to bond for the trees for two years and then the trees are inspected. If the trees have died in the course of those two years, the bond money is used to replace them.
Another issue that came up repeatedly was the size of the houses the township has been permitting. Diamond said his experience has been that families in the larger homes now encompass many extended family members, increasing the amount of children in the school district.
He said the recent concerns about the township’s proposed affordable housing plan are misplaced.
“The problem isn’t just kids from [affordable housing]. The problem are all the kids coming in from these huge houses,” he said.
Resident Frank Greco said he didn’t know what the answer was, adding that replacement policies won’t deter people who have enough money to purchase large homes. “If you want trees, you’re going to have to do a hell of a lot of changing here, and good luck,” he said.
Lombardi said he’d like to see these problems addressed through regulations in place before a developer applies for a project. “We don’t own the [developer’s] property, and the only thing we can do is put restrictions around how much you can take away from the environment,” he said.
The risk, officials said, is when a developer isn’t satisfied with the township’s rules and sues. In fact, the council acknowledged that the zoning board was already facing a lawsuit based on a resident who recently sought to build a home larger than allowed on an undersized lot.
Lombardi said a council committee would be formed to look at potential changes to the master plan, as an updated version is required for next year. Diamond recommended the council consider putting residents on the committee.