Township Committee’s decision to allow shopping center developer to tie into the Ewing-Lawrence Sewerage Authority’s sewer lines drew jeers from a crowd of about 30 residents who said they’d been waiting in vain for years to get sewer connections in nearby neighborhoods.
By Brooke Olster
The Hopewell Township Committee’s decision to allow a shopping center developer to tie into the Ewing-Lawrence Sewerage Authority’s sewer lines drew jeers from a crowd of about 30 residents who said they’d been waiting in vain for years to get sewer connections in nearby neighborhoods.
The planned shopping center will consist of a 112,000-square-foot supermarket and bank complex south of the Route 31 traffic circle. The developer initially planned to install an on-site septic system (package plant) that would have cost approximately $800,000. However, now that sewer lines are available in the area, Anthony Mazzucca asked the committee to allow him to forgo construction of the on-site system and use ELSA’s sewer connection.
The committee’s July 17 decision upset members of the public. Many felt their needs should be served before those of a developer who has yet to break ground.
Areas in which residents feel sewer service is needed include: Pennington Estates (Indian Village), Brandon Road, Brandon Road West, Orchard Avenue, Crest Avenue, Corrine Drive, Search Avenue, Diverty Road and Reed Road.
"With great power comes great responsibility," said resident Robert Beyer, who added: "Now the committee is faced with great responsibility an opportunity to provide people with sewers shouldn’t be passed up."
Another resident agreed. "This is a chance to deal with the entire neighborhood," resident Ray Papenberg said of the area surrounding the development. "Housing nearby could benefit if they are included."
Disgruntled resident Sheila Beyer urged the committee not to forget "the little people . . . Indian Village desperately needs sewers," she said. "We have problems of health and safety that haven’t been addressed. The little people need help."
Resident Chris Colombo said the committee was giving priority for sewer service to the developer because he has more money and more legal representation than the residents.
"You (the committee) need to make up your minds are we going to get sewers or not," shouted Indian Village resident Joy Arena. "I was told we would be connected when I moved here five years ago and I have seen no answers."
"It’s not fair that someone comes along and immediately gets sewer service when others have been waiting," said Erich Lehmann, member of the Wastewater Advisory Committee. "There’s no reason to go through with this (vote) with two members of the committee missing."
Several members of the Wastewater Advisory Committee, present at the meeting, said they were not given adequate time to review the agreement and sewering options and to provide the committee with their advice.
"I suggest the committee table this discussion until the Wastewater Advisory Committee can review this information," said Rick MacGuigan, member of group.
Committee members put in their two cents:
"Public discussion is always good for the township," said Committeeman Jon Edwards. "While I think we need to come up with a solution for the public’s concern of sewer service, this isn’t the time to be doing so. I don’t think anyone would disagree that the people don’t need sewer service," he said.
Deputy Mayor Marylou Ferrara sympathized with the public, but reminded them that these were two separate issues. "Residents do need sewer relief," she said. "But this hookup won’t affect the speed in which that happens."
Only three committee members were present July 17. Committee members Ferrara and Edwards voted in favor of extending sewer service to the center, overriding Arlene Kemp’s objection. Mayor Fran Bartlett and Committeewoman Vanessa Sandom were absent.
Ms. Kemp, voicing dismay, indicated she would leave the meeting to avoid voting. Because there were only three of the five members present, she was needed to make up a quorum. But, she decided to stay. She said she had not been given enough time to review the agreement before the meeting and, therefore, could not make an informed decision.
"I don’t have a problem with the shopping center tying into ELSA," she said. "But we should refrain from making this important decision until the engineer can come up with a plan that is more equitable."
A vote on extending sewer service to the developer was held over from the committee’s July 8 meeting. According to Ms. Ferrara and Mr. Edwards, the committee couldn’t delay voting any longer because of its legal obligations to approve sewer service to the shopping center.
"We ought to meet our obligations involving commitments made to the town," said Mr. Edwards.
Mr. Mazzucca’s attorney, Frank Petrino, said that while the public’s complaints were important, they had nothing to do with the discussion. "Allow us to proceed," said Mr. Petrino. "It doesn’t make sense to build a package plant when a sewer connection has become available."
Under the developer’s 1996 agreement with the township, Mr. Mazzucca would be permitted to connect to ELSA when sewer service became available, with the intent that it would within 20 years. According to Mr. Edwards, sewer lines recently have become available at the nearby Beazer residential homes complex (now under construction) allowing an opportunity for the shopping center to connect.
Township officials were advised by the Planning Board, township engineer and township attorney to give Mr. Mazzucca permission to connect to ELSA as soon as it becomes available. Mr. Petrino said the developer has legal commitments he will break if he does not hook up to sewer service immediately.
"All Mr. Petrino has to do is to walk into court and tell them what happened and he’ll win," said Ms. Ferrara. "Mr. Petrino would be doing his client a disservice if he didn’t request and fight for the sewer service that he was promised. We can’t back out now or we’d be abandoning our commitments."
The shopping center site happens to be located in the geographical area that has access to sewers under the wastewater management plan, said Mr. Edwards.
Mr. Pogorzelski reviewed the cost of sewer service and some alternatives that would be far more expensive to residents, said Mr. Edwards.
"I respect and trust the professional opinion that we were given," Mr. Edwards said when referring to the Mr. Pogorzelski’s recommendation."
Ms. Kemp said local residents should gain from the developer’s connection. "The township shouldn’t be giving a gift." She said she wanted the engineer to assess a higher value than the $250,000 it will cost the developer for repair of sewer lines, so area residents could benefit, too. After all, she noted, residents in the area will be facing extra traffic, noise and pollution.
"The township has no entitlement to the $1 million that the developer would have paid to build a package plant," Mr. Edwards said. "The $250,000 that Mr. Mazzucca will pay the township will help the neighbors." He said that the developer’s contribution will lower the rate that residents would pay for repairs to the system down the road.
Mr. Ferrara said significant progress is being made to bring sewers to more residents. Confidential negotiations with ELSA and Stony Brook Regional Sewerage Authority (SBRSA) currently are being held to set rates for areas in need of sewer service.