Judge: Settlement was reached between developer, residents
Group plans to appeal decision again to avoid development on N.B. farm
BY JENNIFER AMATO Staff Writer

NORTH BRUNSWICK - The residents group opposed to development on the Pulda Farm property on Route 130 had reached a settlement with the contract purchaser three years ago, according to a decision reached by Superior Court Judge Dennis O'Brien on June 16.

The issue dates back to 2004, when North Brunswick Residents Against High Density Housing (NBR) was established to oppose development of the farm into an age-restricted housing community. The members of NBR contested the rezoning of the property by the township to allow for a planned adult community.

Although a $100,000 settlement was offered by the contract purchaser, Edgewood Properties, to settle the case in 2005, there was a discrepancy as to whether or not the settlement was actually accepted. The question lies in whether or not NBR's attorney at the time, Michelle Donato, phoned Edgewood's attorney, Douglas Wolfson, and mediator Paul Matacera, and said the settlement was a "done deal."

Because of the confusion, the parties went back and forth in front of Superior Court Judge James Hurley, of Middlesex County, who ultimately dismissed the complaint with prejudice and enforced a settlement.

Then, in January 2007, the Appellate Division vacated the ruling, and so the case was moved to Monmouth County because Wolfson had been a Superior Court judge in Middlesex County.

The court's most recent findings are the result of testimony at a plenary hearing conducted Jan. 23, 2008, which reviewed testimony of Donato, Wolfson, Matacera and trustees of NBR.

According to the ruling, "the court finds that [NBR's] counsel had both actual and apparent authority to settle the case … (and) it is clear to this court that Ms. Donato was placed in the position by her clients of having the authority to negotiate and enter into settlement."

However, Pete Maimone, the spokesman for and a trustee of NBR, said that although he has no comment about the ruling itself, "We're still considering appealing the decision. Numerous attempts to have a sit-down meeting with the township attorney, the mayor, Jack Morris and Morris' attorneys have not been successful, although we are still interested in doing so."

Mayor Francis "Mac" Womack said that because the township was named in the suit, officials were "very constrained" because of the litigation, but that the township has had ongoing discussions with Morris and his attorneys about the possible purchase of the property, although he believes the township cannot afford it. Yet, he said that discussions have continued.

Womack also said that he appreciates when citizens take such a strong interest in an issue, and that "the residents who have worked hard to try to preserve the Pulda Farm as open space have been persistent and consistent in their efforts, and they are to be commended for taking the initiative to do what they think is the right thing for the township. Even though I disagree with them, I think it's been a worthwhile exercise of civic responsibility."

The Cascades at North Brunswick development was granted approval by the Planning Board on April 26, 2005. The farmland, located off Route 130 and Georges Road, was approved to be developed as 325 homes, including 131 singlefamily homes worth around $600,000 each, 114 condo flats around $250,000 each, and 80 townhouses around $425,000 each, as well as a clubhouse and other amenities.

Residents have continually expressed their concerns as to the affordability of the homes, traffic, pollution, accessibility to Farrington Lake, and the township's need for open space. Township officials said that there was no choice but to develop the land other than taking it by condemnation, because the property owners would not sell. They also said the project could generate $2.45 million for the local school district without adding school-age children, and there will also be a donation of $3,500 per unit for the township's Senior Building Fund.