The Central New Jersey Home News from New Brunswick, New Jersey • 10

B2 REGION THE HOME NEWS THURSDAY. NOVEMBER 29. 1 984 Edison Council may rezone Monroe council tries to erode mayor's Mount Laurel stance tract OK'd for retailoffice tablishes various forms of government that municipalities can use. "I take strong exception to the amendments," Garibaldi said. "I am going to fight them.

The council is trying to gain powers which are not part of their legislative responsibility." The mayor's refusal to share municipal officials with the council makes the amendments necessary, Tipper said. Serpentelli has given the council until Dec. 1 to amend pertinent ordinances. The council has asked Serpentelli for a 30-day extension, until the end of the year. Earlier, Serpentelli granted the township such an extension.

The court could decline the latest request for an extension and assume authority over planning policy within the township. A decision by Serpentelli is expected by the end of the week. Township Attorney Thomas Farino said. and moderate-income housing units by 1990. The council voted unanimously on Sept 24 to accept the Mount Laurel II ruling under protest Garibaldi has vowed to "go to jail" before allowing implementation of the Mount Laurel II decision in Monroe.

Council President William Tipper said he suggested the amendments as "a result" of the mayor's boycott Tipper has said repeatedly that the mayor's boycott has hindered the council's ability to make planning decisions. "I don't know if the ordinances will be passed in time to have an impact on the current Tipper said. "However, their purpose is to avoid such problems in the future." Garibaldi said the amendments are an effort to "usurp" his legal powers as mayor and are in violation of the Faulkner Act, which es By JOHN T. WARD Home News itaff EDISON Township officials will attempt to rezone a piece of land in the Stephenville section that was reluctantly approved by the Planning Board for commercial development. Developer Leonard Sendelsky's plans to build a commercial project at Stephenville Parkway and Richard Road were approved by the Planning Board last week despite the objections of nearly 130 residents, who contend that the current zoning of the site was the result of an error made in 197S.

The site of the proposed retailoffice structure is in a local business zone, but residents said the area was historically zoned for residential uses and that no documentation exists to show that the change in the 1978 master plan and land-use law was intentional. The change in use, they believe, occurred when township officials promulgated an earlier error in a zoning map. More than 100 residents attended a Township Council meeting last night. Attorney Andre Gruber, hired by the residents, called upon the council to take immediate steps to change the zoning before Sendelsky begins to develop the property. "I am concerned that the applicant not have a chance to establish an equitable interest in the property," Gruber said.

Such progress on the building, he said, might prejudice a judge's view of the matter should it go to court. ON HIS POSITION Ruling aids greedy By FRANK ARGOTE-FREYRE Home News staff MONROE Two amendents designed to break the effectiveness of Mayor Peter Garibaldi's boycott of the council's Mount Laurel II hearings were discussed by the Township Council at last night's agenda The proposed amendments would give the council joint authority, along with the mayor, to direct the work of the municipal engineer and planner. Only the mayor now decides what projects the two officials work on, and Garibaldi has ordered both to sit out the council's meetings on Mount Laurel IL Superior Court Judge Eugene Serpentelli ruled in July that the township must amend its planning ordinances to accomodate 774 low- SEEKS PUBLIC PULSE Garibaldi: By FRANK ARGOTE-FREYRE Home News staff MONROE The state Supreme Court's Mount Laurel decision, intended to "address the problems of the needy," has been turned by developers into a "cause for the greedy," Mayor Peter Garibaldi told about 350 township residents at an informational forum last night Garibaldi appealed to the residents "to give him guidance" in his struggle against the Mount Laurel decision. He reiterated his vow "to go to jail" before allowing the implementation of the court's decision in Monroe. "I will not surrender our township to developers, judges and land moguls unless the people tell me to do so," Garibaldi said.

"The Mount Laurel decision is not the law of the land. It's just something that's happening in New Jersey. The developers and builders have chosen us as guinea pigs." Superior Court Judge Eugene Serpentelli ruled in July that the township must amend its planning ordinances to provide 774 low- and moderate-income housing units by 1990. On Sept 24, the Township Council unanimously voted to comply under protest with the court ruling requiring municipalities to provide Storm-drain law urged DTODertv be condemned bv the town ship and turned into a park to prevent Sendelsky from building the commercial structure in what the councilman said is a residential area. The Planning Board, which approved the plan by a 4-3 vote, was forced to vote on the proposal when Sendelsky refused to grant the board a second 45-day extension to deliberate the matter, although board members had said further legal investigation and opinions about the possibility of a zoning error were required before it could make an informed judgment Under state law, approval of the plan would have been automatic had the board failed to act Earlier this week.

Sendelsky said he had tried to accommodate the residents with compromises to his plans, but was unsuccessful. He said he would file a civil-rights suit against the township should it interfere with his approval, which be and his attorney, Martin Hutt, contend is based on a valid zone plan. They said that if the Stephenville property is improperly zoned, the land uses for the entire township must be called into question. Party to aid polio fight OLD BRIDGE The Old Bridge Sayreville Rotary Club will host a charity cocktail party Dec 9 from 3 p.m. to 7 p.m.

at Old Bridge Elks Club. Proceeds benefit the fight against polio. Tickets may be obtained by calling 257-2232. in Edison Butler Road, who described her proposal as being recommended by state land-use law. "With this particular situation, you have the ability to act before there's a problem" Council President George Aspro-colas told Mrs.

Tousman the township engineer was abreast of all legislation and recommendations concerning wetlands, and that such areas would be protected. He noted, however, that had stringent wetlands regulation existed 30 years ago, residential areas such as the Stephenville section, which he described as having once been "a swamp," never would have been built Edison hopes to recover tees to defend cops EDISON Township officials are hoping to recover as much as $65,000 in legal fees paid to defend seven policemen involved in a 1977 tavern brawL Business Administrator John De-lesandro last night said the township, which was ordered in court to pay seven attorneys representing the officers, already has recovered more than $120,000 from its insurance carrier, Selected Risk of Branch-ville. The township has not yet received the balance of the more than $185,000 it paid out to the attorneys, but Delesandro said he expects to clarify the matter with the insurance company by tomorrow. At last night's City Council meeting, a resolution authorizing payment of $100,000 during the case was repealed, to reflect that those funds had been recovered, Delesandro said. The action was necessary to prevent the item from being included in the 1985 township budget, he said.

The case involved two New York City men, who claimed their civil rights were violated when they were beaten by three drunken, off-duty officers at the Captain's Wheel, a Route 1 cocktail lounge, in October, 1977. By JOHN T.WARD Home News staff EDISON A stormwater management ordinance that "would not be meant as a stop to development" in the Dismal Swamp area was suggested to the Township Council by a citizen activist The recommendation came in the wake of a study not yet released to the public that reportedly encourages rezoning Dismal Swamp for a planned unit development that would accommodate as many as 200 new housing units. The Planning Board is scheduled to discuss the study at its public session Dec. 19. The document was pre Raritan Center co-developer drops lawsuit against Edison i if i GEORGE SPADORO urges reclassification The council responded to the appeal by unanimously endorsing a resolution sending the matter to the Planning Board for futher review.

The resolution was later amended at the urging of Councilman George Spadoro to indicate the council's support for "preserving the integrity of this residential neighborhood." In addition, the council voted to obtain a legal opinion on whether it can introduce an amendment to the land-use ordinance that would "reclassify" the property without Planning Board input Action on such an ordinance would require a special meeting of the governing body. Earlier this week, Spadoro said he would go so far as to urge that the pared by planning consultant John Chadwick of E. Eugene Oross Associates, New Brunswick, and reflects the findings of a Planning Board subcommittee. The 15-page study recommends that the 460-acre swamp area be re-zoned from light industry to PUD, in conjunction with the proposed extension of Talmadge Road to Park Avenue. The study reportedly recommends that environmentally sensitive wetlands and flood hazard areas be left untouched or turned into a golf course for preservation of the greenery.

"This is a mechanism for helping to protect from building on land of this type," said Jane Tousman of $438,000 to clean up the "hazardous waste containing sludge" that was unearthed. It sought to recover those funds, as well as compensatory and other damages. Yelencics denied that the township had defrauded Summit. He said it was the township's contention that if hazardous wastes were discovered at the site, they were put there after ownership of the land was transferred to Summit "They knew what they were buying when they bought it," the mayor said. "The sewage-treatment plant was mentioned in the deed and all the other papers connnected with the transaction." The mayor said he was informed by attorneys for the developer that the township has been dropped from all aspects of the suit.

"As far as I'm concerned, it's a closed case," he said. Attorneys for Summit Associates could not be reached for comment yesterday. "In loving memory of my dad, Herbert Freese Sr." Kathy Vuono $25 Thelma J. Weatherbee $10 In lieu of Christmas cards from Wm. E.

Hodge Jr. Family $25 Robert L. Anthony $25 Barbara William Gorman $25 Mildred Herbert Tanzman $20 "In loving memory of my husband, William J. Connolly" Margaret Connolly io Marion Shapiro $25 Clerence E. Turner $25 Carol 4 Max Salas $20 Anonymous $35 Total to date $870.95 -s, V-The -f Cases Fund North Brunswick planners urge zoning revision for Mount Laurel By JOHN T.WARD Home News staff EDISON The co-developer of the Raritan Center officewarehouse complex has dropped a suit charging the township with fraudulently selling the company land that contained liquid-waste materials, Mayor Anthony Yelencsics said yesterday.

The Superior Court suit, filed in July by Summit Associates accused the township of "deliberately misleading" the developer about the existence of a buried sewage-treatment plant on land the township sold to Summit in 1978. Summit paid $80,300 for the 2.6-acre tract and, as part of the deal, gave the township a parcel of its own, measuring less than an acre, for use as a right of way. In the suit, Summit said the sewage-treatment plant was discovered when work began on Raritan Center in 1983. The developer incurred costs of more than PETER GARIBALDI "go to Jail" be a tax burden on township residents because a new road system would have to be built to transport low- and moderate-income residents to work. i "If they have jobs," several voices shouted from the audience.

The meeting was sponsored by the civic association to provide in-, formation to township residents, according to the association's president, Irwin Nalitt "The Mount Laurel decision has generated a lot of heat but not much light," he said. low- and moderate-income buyers. Vigna said he eliminated any unnecessary regulations that would increase the housing cost, so the court would accept the proposed zoning law. The 404-acre Manor Realty tract on Route 130 was rezoned from industrial to mixed use to comply with the court order, he said. A maximum of 220 acres will be developed for residential uses.

The maximum number of units on the tract will be 2,950, of which at least 520 must be affordable housing. A minimum of 184 acres will be developed for nonresidential use. A new "transitional mixed use" zone was created on the west side of Route 1, bounded by Cozzens Lane, Thomas Avenue and the Hidden Lake development The 250-acre parcel was drawn, largely in accordance with the master plan, to attract high-technology and office-professional development, as well as additional residential construction. 7:30 p.m. Edison, John Adams Middle School, parent-teacher conferences to 9:30 p.m., for parents with last names from A to Dec.

6 for parents with last names between L-Z, New Dover Road, 548-5519. 8 p.m. East Brunswick, Special Education Parent Support Group, program on college for the learning disabled, Memorial School, Innes Road. Recycling TOMORROW East Brunswick, curbside newspaper collection through Friday, picked up the day trash is collected, 390-6984. General Interest TOMORROW 7 p.m.

Plscataway Energy Advisory Commission, money saving program on energy conservation, Municipal Complex. The Community Calendar is a daily Hating of community events in Central Jersey. Items for the calendar should be received no less than one week prior to the event. Mail information to The Community Calendar, co The Home News, P.O. Box 551, New Brunswick, 08903.

'lll. I A Azi affordable housing for all economic groups. A letter from Council President William Tipper wi handed to residents as they entered the high school, site of last night's meeting sponsored by the Concordia Civic Association. In the letter, Tipper defended the council's acceptance of the high court's ruling and questioned Garibaldi's defiance of the court 'Your mayor says he will not obey the law," Tipper wrote. "Think about this statement from a man who is also your state senator.

America gives us the right to object and the chance to try and change laws, but it does not grant us the right to disobey the law." Garibaldi said residents can show support for his position by circulating petitions and "throwing those who would implement the court's decision out of office." Tipper and Democratic Councilman Michael DiPierro are up for re-election next year. If Monroe takes a stand and refuses to accept the "sovereignty" of the court, other municipalities will join the struggle, Garibaldi said. He urged neighboring Cran-bury and other towns to defy the court order. Ruth Traub, a resident of Concordia, said civil disobedience should be considered as a way of obstructing the court's ruling. One unidentified man said Mount Laurel housing units would zoning a number of parcels and updating all general development regulations throughout the township, said Thomas A.

Vigna, professional planner for E. Eugene Oross Associates of New Brunswick, who wrote the 120-page proposed zoning ordinance. The zoning law will implement the land-use and housing policies incorporated in the newly adopted master plan and also comply with the court order, Vigna said. A public hearing before the council is scheduled for Monday. Mayor Paul Matacera said the hearing might be postponed, however, because Superior Court Judge Eugene Serpentelli and the litigants in the three Mount Laurel lawsuits against the township still need to comment on and approve the revised land-use law.

Under terms of a settlement tentatively approved by Serpentelli, the township would allow construction of 4,580 new housing units, of which 986 would be priced within reach of School of Business Adminstration, Business Advisory Board, fall meeting and program on the management of innovation, the Art Gallery, (609) 896-5192. Bazaars TOMORROW 8 a.m. New Brunswick, St. Peter's High School, student council, Christmas bazaar to 4 p.m.; Saturday from 10 a.m. to 4 p.m., 175 Somerset 846-8046.

10 a.m. Edison Township Senior Citizens, annual Christmas bazaar to 7 p.m.. Senior Citizen Building, 2963 Woodbridge Ave. Schools TODAY 7 p.m. Edison, Thomas Jefferson Middle School, parent-teacher conferences, tonight for parents with last names from A to Dec.

5 for parents with last names from to Division Street, 985-2501. Edison, Herbert Hoover Middle School, parent-teacher conferences to 9:30 p.m., Jackson Avenue, Needy are hard-pressed without your donation Community calendar ByRENEEEDELMAN Home News staff NORTH BRUNSWICK The Planning Board last night unanimously recommended a revised zoning ordinance that would incorporate the new master plan and the proposed settlement of two Mount Laurel lawsuits. The board, at a special meeting, referred the proposed land-use law to the Township Council with minor changes. Planning Board Chairman Frank Puleio called the revised ordinance "fair and equitable," because it "will protect all the citizens of North Brunswick for many years to come." The three minor changes recommended to the council were restricting the storage of boats in residential areas to boats not exceeding 17 feet, adding a definition for general business offices and prohibiting mobile business signs. The proposed revision includes re- regular meeting, 1 Jean Walling Civic Center, off Ryders Lane.

Social TODAY 7 p.m. Edison, Tri-Towne Girl Scout Service Unit, meeting, Clara Barton Branch Library. TOMORROW 9:30 a.m. New Brunswick Senior Resource Center, painting class; social dancing 10 a.m.; food shopping for Schwartz-Robeson area 10:15 a. nr; calligraphy class 1 1 a.m.; body recall exercise class 1 p.m.; sing-along 2 p.m., 81 Huntington 745-5100.

Health TODAY 8 P-m. Princeton, Holistic Health Association, program by a psychotherapist on the key insights of Jung, Assagioli and Erikson, Unitarian Church, 360 Nassau Street, (609) 924-8580. Business TOMORROW 9:30 a.m. LawrencevUle, Rider College More residents of the Somerset and Middlesex county area need help during the holidays than many people realize. Help is what the Needy Cases Fund tries to provide.

Case G8 A severe cardiac condition has disabled the father of a family of six. Unpaid bills and concern foi his family have added to his anxieties, but your contribution can help. Case G9 A young mother and infant live in an attic room. She sleeps in a broken bed and the baby in a playpen that is falling apart. A contribution would help buy furniture.

Case G10 A woman left her abusive husband. She now lives in a motel with her pre-school child, but they cannot stay there much longer. She needs to find an apartment and to buy some furniture. Checks may be made payable to The Needy Cases Fund Inc. and mailed to The Needy Cases Fund, The Home News, P.O.

Box 551, New Brunswick 08903. The Needy Cases Fund is co-sponsored by The Lions Club of New Brunswick and The Home News Publishing Co. Previously acknowledged $520.95 Myrtle Baker $25 Eloise W.Dunn $20 Patricia L. Olson $25 Paula M. Getzin $25 Amy R.

Wilson $10 The following community events are scheduled for Central Jersey tonight and tomorrow. Government TODAY 7:30 p.m. New Brunswick Traffic Commission, meeting. City Hall, 78 Bayard St. Edison Rent Control Board, work session.

Municipal Building, Municipal Boulevard. Old Bridge Board of Education, Finance Committee, meeting, Administration Building, Route 516. 8 p.m. Old Bridge Township Council, agenda meeting, Municipal Center, 1 Old Bridge Plaza. Old Bridge Planning Board, regular meeting, Municipal Center, 1 Old Bridge Plaza.

Highland Park Commission on Aging, meeting, Borough Hall, 221 S. Fifth Ave. Hillsborough Planning Board, special meeting. Municipal Building, Southbranch Road, Flagtown section. Metuchon Rent Board, meeting, Borough Hall, Main Street and Middlesex Avenue.

East Brunswick Planning Board,.