Township, developer settle
complaint on tree removal
MANALAPAN — A lawsuit filed against the township by MGB Group Inc. and MGBW Group Inc. has resulted in a stipulation of settlement.
The lawsuit came in response to fines and other liabilities levied on the MGB Group Inc. and the MGBW Group Inc. by Manalapan relating to the removal of more than 130 trees at the Battleground Woods residential development site, Gravel Hill Road.
The case dates back several years to the time when the development was initially under construction.
According to a draft resolution approved by township officials in December, a stipulation of settlement has been negotiated to resolve all outstanding issues. It provides, in part, that the township will retain and use cash escrow funds totaling $23,154 which had been posted by the developer of Battleground Woods. The plaintiffs will also pay an additional $20,000 to the township.
In return, the draft resolution calls for the plaintiffs to be released from all fines, obligations and other liabilities arising out of the developer’s activities at the Battleground Woods subdivision, including: outstanding engineering, legal and professional fees expended by the township; resolution of certain other tree removal related issues; a cap on engineering fees of not more than $500 per lot in excess of 5 percent engineering inspection fees in the aggregate for projects known as Battleground Woods, Battleground Estates, Battleground Crossing, Pine Valley I and Pine Valley II and mutual releases.
"The case is settled," said Mayor Rebecca Aaronson. "That means we’re no longer spending money on legal fees."
The mayor said she hoped the action would send a message to developers that trees cannot be destroyed on development sites if they have been targeted for preservation.
"If the Shade Tree Committee is one of the items on the Planning Board list that has to be approved, then (a developer) can’t just ignore it and thumb (his) nose at it," said the mayor. "I hope it sends a message that this is our town, and if you want to build here, (then) please respect that we would like to maintain the integrity of our town."
Louise Lang, vice chairwoman of the Shade Tree Committee, recalled that the developer cut down mature trees that were tagged to be saved.
"They just chopped them down and let them fall any old place in the woods," she said. "It destroyed many substantial, beautiful, trees."
Gary Lovallo, the township’s forester-arborist, said, "Everyone (here) at the township works very hard to protect the quality of life in Manalapan. We collectively spend a lot of time working with developers fine-tuning and crafting the tree preservation efforts. To have a developer do what this developer did was a slap in the face to us and the effort (we have all expended).
"The assessment of damages should have been much higher, but we feel the amount settled for will send a message that Manalapan truly treasures our trees," he said.
Speaking with the News Transcript on Jan. 24, attorney Richard Driver, representing MGB Group, said the settlement was mutually agreed upon.
"This is something that has been amicably negotiated and is obviously subject to (the township) approving it in public," the attorney said. "I haven’t received any indication from them, but I’m pleased (to learn) that they have acted affirmatively. In principle we’ve reached an agreement and we’re just waiting for them to take final action. We’re anxious to finalize it and get it resolved."