Search Site
Menu
Judge overturns approval of Holland Twp. subdivision

January 14, 2004

Judge overturns approval of Holland Twp. subdivision

By PAMELA SROKA

Staff Writer

HOLLAND TOWNSHIP – A state Superior Court judge has overturned the Planning board’s preliminary approval for a 90-acre subdivision of 15 homes on Shire Road.

Judge John Coyle, sitting in Warren County, ruled the original application by developer William Scopetto of Hunterdon Capital LLC was not complete. The court also ruled Friday that the Planning Board did not insist the developer prove that he met requirements for placing 3-acre lots in a protected 5-acre zone.

The ruling was a victory for the Friends of Holland Highlands, a citizens group, and the New Jersey chapter of the Sierra Club. Friends of Holland Highlands filed a lawsuit in January 2003 to throw out the preliminary approval, given in October 2002.

“Our Citizens group is very pleased that the court agreed that the Holland Township Planning Board treated us shabbily and violated their own ordinances in approving this inappropriate subdivision,” Michael Keady, president of the Friends of Holland HIghlands, said in a prepared statement.

“now the board will get a second chance to do the right thing and protect property,” Keady said.

Keady said the property includes a trout production stream and a state-designated protection area around a public well, which serves hundreds of residents and the township’s elementary school. The stream has received a state designation giving it the highest level of environmental sensitivity and protection.

The court also ordered the Planning Board to hold a public hearing, where Scopetto must offer proof his plan meets requirements for employing ‘lot averaging.” That would allow Scopetto to place 3-acre lots along the ridge of Musconetcong Mountain in return for creating a larger lot on which a suburban homeowner could partake in agriculture.

Coyle said he wanted a decision within 90 days on the issues remanded to the Planning Board.

Planning Board attorney Donald Morrow and Planning Board Chairman Michael Miller did not return phone calls for comment. Scopetto did not return repeated phone calls for comment.

Pamela Sroka can be reached at (908) 782-2300 or [email protected]

Copyright 2004 The Courier News

Our Attorneys

Recent Twitter Posts

  • Seal trapped between jetty rocks in Cape May County gets tight rescue after lucky find by fisherman. https://t.co/wMofbSFkag
    1 month ago
  • Happy Earth Day!
    1 month ago
  • NJEDA Expands Brownfields Loan Program to Remediate Contaminated Properties. https://t.co/9a21K89chO
    1 month ago
  • Cheers - and Some Caution - for Reclassification of NJ's Rivers and Streams. https://t.co/8VydmW21NC
    1 month ago

Recent Blog Posts

Terranova vs. General Electric Pension Trust: Clarifying (or complicating) defenses under the Spill Act

On January 4, 2019, the New Jersey Appellate Division handed down a decision in Terranova vs. General Electric Pension Trust, Docket No. A-5699-16T3 (hereinafter, “Terranova”). In Terranova, The New Jersey
Read More
Terranova vs. General Electric Pension Trust: Clarifying (or complicating) defenses under the Spill Act

NJ Supreme Court Sees Standing in Tax Lienholders to Challenge Municipal Approval

On August 2, 2018, New Jersey’s Supreme Court held that a holder of a municipal tax lien may have standing to challenge a local planning board’s approval for a neighboring
Read More
NJ Supreme Court Sees Standing in Tax Lienholders to Challenge Municipal Approval

The Downside to Higher Ground: Appellate Division affirms finding of a townhome owner’s negligence and responsibility for water damage to a below unit caused by a prolonged leaking washing machine hose

On August 1, 2018, the Superior Court of New Jersey, Appellate Division ruled in favor of plaintiff in the matter captioned Joseph S. D’Elia v. Joyce Campisi and Liberty Mutual
Read More
The Downside to Higher Ground: Appellate Division affirms finding of a townhome owner’s negligence and responsibility for water damage to a below unit caused by a prolonged leaking washing machine hose

United States Supreme Court Tackles Key Clean Water Act Judicial Review Issue

National Association of Manufacturers v. Department of Defense, et al. 583 U.S. ____ (2018) Decided January 22, 2018 Since the passing of the Clean Water Act in 1972, the definition of “the waters
Read More
United States Supreme Court Tackles Key Clean Water Act Judicial Review Issue

In the media

  • Gulf Coast Town Center facing foreclosure

    Naples Daily News, September 16, 2015

    Wells Fargo filed a lawsuit Sept. 8 against an affiliate of CBL & Associates, the owners of the decadeold, 1.2 million-square-foot mall in south Fort Myers for a $190.9 million unpaid loan. The center has 94 stores on 204 acres, with such anchors as Super Target, Belk, Best Buy, Dick’s Sporting Goods, Marshalls and Costco...

    Read More
  • Town liable for private company's leaking underground tanks, court rules

    NJ.com Jul 26, 2017

    CRANFORD -- A couple that owned a businesses in town and became sick from leaking underground tanks owned by an adjacent business can sue the township for damages because the tanks were partially ...

    Read More
  1. 1
  2. 2
  3. 3
  4. 4
  5. 5
Contact Our Firm

Quick Contact Form