Lawsuit with bank,
developer is settled
BY VINCENT TODARO
Staff Writer
EAST BRUNSWICK — A settlement agreement has been reached in a lawsuit filed by developer Matzel & Mumford against Commerce Bank and the township.
David Fisher, a vice president with Matzel & Mumford, said Commerce Bank, which has approval to build a branch on Milltown Road near Ryders Lane, has agreed to install more landscaping and additional fencing at the back of its property to buffer it from Matzel & Mumford’s adjacent residential development.
The developer sued last year and charged that the bank’s approved site plan would infringe on the quality of life for residents moving into the adjacent single-family homes.
"It’s something we needed to do because it was a serious concern for homeowners who abut Commerce Bank," Fisher said.
Fisher said his company believed that a significant amount of relief was granted to Commerce Bank by the Planning Board, and that the result meant less buffering and landscaping near the adjacent development. He said the bulk variances were granted for wide discrepancies between township development restrictions and what was actually proposed for the bank.
"We thought that was pretty unusual, and our homeowners were pretty upset about it," he said, noting that some of the homeowners took part in the legal proceedings.
Commerce Bank responded to the lawsuit by stating that it satisfied all criteria required for approval, and Planning Board Attorney Lawrence B. Sachs also disagreed with the claim that the board was lenient with the bank.
Sachs has noted that an initial plan by the bank was revised to make it more compliant with township development regulations before it was approved.
The board resolution indicates that, due to the shape, depth and topography of the site, along with issues involving a county right of way, "a hardship would exist if variance relief was not provided."
Sachs said that the settlement language states that the developer was made aware of the bank application when it was before the board but did not attend any hearings on it or voice any objections.
Fisher said residents were notified of the application, and that the company was "surprised" none of those residents attended the hearings.
"When they found out what had been approved, then they were upset," he said.
Fisher said there will now be about 20 evergreens, from 6 to 8 feet in height, planted where the properties abut. Some fencing will also be placed along the property line.
"The drive-through is less than 10 feet from the property line," Fisher said.
"We kind of judged the value of the settlement based on the way homeowners reacted. They are the ones who had to live with it," he said.
"I think the compromise was a good one," he said.
Construction of the 26 single-family homes, a development known as East Mill, was completed recently, and the last residents moved in about three or four months ago.
The bank site was formerly home to Mayor William Neary’s Dairy Queen. Commerce Bank bought his property along with two surrounding lots. The bank received Planning Board approval in April of last year.