E.B. resists proposal to build at its border
Neighboring town set
to adopt rezoning
ordinance Tuesday night
By vincent todaro
Staff Writer

The East Brunswick Township Council has sent a clear message to South Brunswick: Do not rezone an area to allow nearly 2 million square feet of warehouse space at East Brunswick’s doorstep.

At its meeting Monday night, the East Brunswick council passed a resolution asking South Brunswick officials to stop the proposed rezoning. The 150 acres in question — presently part of South Brunswick’s rural residential zone — are located around Dunhams Corner Road and Cranbury Road (Route 535), immediately over the border from East Brunswick’s new rural preservation zone.

Residents of both townships are concerned about the effects of the warehouses and the amount of traffic, including tractor-trailers, that would result on their roads in East Brunswick. They also say pollution from the trucks would pose an environmental hazard.

Two residents, Richard Walling, who is also a member of the East Brunswick Zoning Board, and Jean Dvorak, of Deans Rhode Hall Road in South Brunswick, are also trying to stop the rezoning through litigation in state Superior Court.

Walling and Dvorak spoke at Monday’s meeting in East Brunswick. Their remarks were well received by the council, which directed Township Attorney Michael Baker to draw up a resolution of opposition.

East Brunswick officials have long fought the proposed land-use changes in South Brunswick. Its Planning Board attorney, Lawrence B. Sachs, recently sent the South Brunswick Planning Board a resolution from 2000 and a letter from 1998 from Mayor William Neary regarding the matter.

"The border properties in East Brunswick are clearly rural in nature," Sachs wrote in a May 6 letter, noting that they are considered environmentally sensitive under the state plan. "Any rezoning of the subject properties in South Brunswick would have significant detrimental impact upon the township of East Brunswick and its initiatives to preserve and protect open spaces in the area."

In March 2002, the South Brunswick Zoning Board of Adjustment granted per­mission to K&K Developers to build 1.9 million square feet of warehouses at the site. K&K was also granted permission to build 300,000 square feet of offices.

Walling and Dvorak immediately ap­pealed to the South Brunswick Township Council to overturn the approval, but the council upheld the decision.

In September 2002, they filed suit in state Superior Court, a lawsuit they say is the reason the council is now considering the rezoning.

"A zoning change by the council would eliminate the need for a use variance and also make our litigation moot," Walling told Greater Media Newspapers.

He presented a sample resolution for consideration by the East Brunswick coun­cil. In it, he outlined many environmental issues that need to be considered in light of the planned warehouse.

Walling said the warehouse would have a direct impact on the "health, safety and welfare" of East Brunswick residents for a number of reasons — the area has a critical environmentally sensitive overlay, is part of the Middlesex County Farmland Preser­vation Zone, is located next to the James­burg County Park Conservation Area, and is adjacent to East Brunswick’s rural preservation zone, which generally allows one home per 6 acres.

The area is located in an area where South Brunswick and East Brunswick also border Helmetta and Monroe.

The warehouse, Walling said, would bring water and sewer lines to the area and thus "have a chilling effect on the integrity of the rural preservation zone of East Brunswick." There would be a harmful ef­fect on the water quality at Irelands Brook, which runs through both townships, the Irelands Brook County Park in South Brunswick, and the Farrington Sands aquifer in East Brunswick, he said.

It is estimated by the developer’s testi­mony that the warehouse would bring in an additional 1,200 vehicles per day, 25 per­cent of which would be tractor-trailers, Walling said.

The entire area is wet, and would be further threatened by possible truck spills, catastrophic accidents and pollution, he said.

Dvorak said the area is now open farm­land and is located in an agricultural de­velopment area, which means the various landowners can apply directly to the county for farmland preservation.

In the legal action, Dvorak and Walling have been representing themselves so far, but a judge has told them that, if the case goes to trial, they should have an attorney.

"The judge was very complimentary of us going alone [so far]," Walling said. "But to go further, we’ll need professional in­volvement."

He said they are looking for a lawyer willing to take on the case pro bono.

The resolution passed by the East Brunswick council included many of the comments made by Walling.

Councilman Edwin Brautman asked if East Brunswick could seek the help from its legislators in fighting the rezoning and warehouse proposal.

Neary responded that South Brunswick is in a different legislative district, but that correspondence could be sent to its repre­sentatives.

Neary also told the East Brunswick council he approved of its resolution to op­pose the possible action by South Brunswick.

Randy Stevenson, an East Brunswick woman who lives on Cranbury Road, spoke against the warehouse proposal, say­ing it would have an impact on all of East Brunswick.

Stevenson, whose property is across the street from the area in question, said she is worried about increased traffic and pollu­tion. She is also concerned about a compo­nent of the plan that would widen Cran­bury Road and add a traffic light there to accommodate the warehouse driveway.

She also said she was never notified of the hearings on the use variance when it was being considered by the South Brunswick zoning board.

"I think it would definitely have a bad impact on East Brunswick," she said.

Robert Tagliente, a Republican who ran for council last year, thanked the council for the resolution and said East Brunswick officials should consider turning to Gov. James McGreevey for more help.

"As has been often proved by history, the only chance for wrongdoing to succeed is if good people do nothing," Walling said.

South Brunswick Mayor Frank Gam­batese defended his town’s actions regard­ing the rezoning when he learned of East Brunswick’s resolution Tuesday night.

"We need to do what is in the best in­terest of our town. We thought this was the best use for that property," Gambatese said.

The rezoning ordinance was introduced on April 15 and the South Brunswick Township Council is set to approve it next week.