Paper Street Causes Real Life Controversy In Moorestown

Moorestown, NJ -- A small strip of road is causing a big controversy in Moorestown.

Council considered a proposed ordinance on introduction Monday night to vacate a portion of Tiver Avenue.

The measure was approved with a 4-1 vote, with Democrat Lisa Petriello providing the dissenting vote.

Tiver Avenue is strip of land, known as a “paper street” located off Madeira Court, around the corner from South Valley Elementary School. It has been owned by the township for over 30 years.

If the township vacates the land, it will be up to the residents who live near it to maintain it.

Five properties surround the land and would be impacted by the decision. One property belongs to the township, but the others belong to township residents, including Mike Locatell, who was elected to council on Nov. 8 and will be sworn into office in January.

On Monday night, a group of residents went before council to propose reserving the land for open space, and asking why the legislation was being considered at this time.

“Fifteen years ago, residents tried to buy that land and it was rejected,” resident Elaine Young said. “Why is it being gifted to us now?”

Young, Graham Vidal and John Groeneveld believe the land is being gifted to the residents so that Locatell can build on it.

However, Locatell said it was his neighbor who brought the idea to the township. He’s dealing with falling trees and other issues, according to Locatell. Vacating the land would give him the ability to deal with those issues.

Township Manager Scott Carew also said the issue was introduced by Locatell’s neighbor. He also said it would benefit the township to not own the land, as it would eliminate a liability risk.

“There is no value for the township in having it, but there is a value in not having it,” Carew said.

He said every time there is a meeting of the Joint Insurance Fund that Moorestown belongs to, they talk about lawsuits involving slip and fall cases. He said there have been no cases in this specific instance.

However, the paper street mostly consists of gravel. A small portion of it is paved, and pedestrians do use a portion of it, creating a possible liability for the township.

Additionally, officials in favor of the proposal pointed out that if the land was turned over to the residents, the township could then collect taxes on it.

The residents are already maintaining the land, but if the township continues to hold onto it and the homeowners do decide to stop caring for it, it would then become the township’s responsibility.

Tiver Avenue is a paper street that was established in the early days of the township. The intent was to develop it, but nothing ever came of it. The process the township is undertaking to vacate it is more common in more rural areas, but it is the typical process, Township Solicitor Anthony Drollas said.

If the area is vacated, a surveyor would evaluate the area and recommend how much of the land each of the private properties should take on.

Petriello was concerned about vacating the land they could be of value of the township, and also questioned why the proposed ordinance wasn’t given to council members until 3:30 p.m. Monday afternoon.

The item was listed on the agenda published on the township’s website last week, but didn’t include a link to a summary of the proposal, as is often the case with other proposed ordinances and resolutions.

The public hearing and final reading for this ordinance will take place at the Dec. 12 council meeting at town hall, 7 p.m.