Township Settles Lawsuit With Walters’ Attorney

Earlier this week, the Barnegat Township Committee approved the settlement of a lawsuit with Mark Madison, LLC, a law firm for Walters Development, over a section of Ocean Acres, parts of which are to be re-zoned from a residential conservation zone back to a residential high zone.

The new ordinance, which the township committee adopted on Monday night, states that a “substantial portion” will still remain in conservational residential zone, however, “forever protected from development.”

As part of the settlement, Walters will be allowed to build 135 homes on the site, as long as that conservation "buffer" continues to be in place in that area, Township Administrator David Breeden said. In addition, the three-party agreement that also includes the New Jersey Pinelands Commission, states that environmental studies must continue in and around the area.

When in 2003 and 2004 two Northern Pine snakes — which are endangered species — were sighted in that section of Ocean Acres, Pinelands Commission initiated a study, which lasted for two years.

No snakes were ever found again.

Several years after the conclusion of the study, citing some concerns that the survey was rigged, with traps laced with chemicals that would repel the snakes, the township refused to allow Walters to build, which led to the lawsuit.

The re-zoning ordinance the township adopted on Monday officially brings it to an end.

“Pinelands agreed and said it was okay to proceed with the re-zoning, as long as we have that conservation zone,” Breeden said. “This action is part of the settlement agreement mandated by the court.”

“While the Township initially denied the zoning, the judge has indicated that we must sit down and acknowledge the facts and recognize our obligation to honoring the agreement,” Mayor Al Cirulli said at the township committee meeting Monday night.

“This ordinance strikes a delicate balance between smart growth and preservation of sensitive environmental areas through the creation of conservation zones,” he said. “Simply calling for the township to deny this zoning change or propose a building moratorium is not a practical approach to solving this matter and in the long run, would result in most likely costly and unsuccessful litigation.”

Some residents questioned the committee’s decision.

“I appreciate what you guys did in the beginning,” said resident Frank Pecci at the meeting, referring to the township’s earlier refusal to change the zoning so as to allow Walters to build. “But I do not appreciate you acquiescing to the developer again.”