Concerned Citizens of East Brunswick, Inc. v. New Jersey Turnpike Authority

C-3884-70 (N.J. Super. Ct. January 28, 1972)

Settlement order entered in suit to halt widening of a portion of the New Jersey Turnpike whereby the Turnpike Authority agrees to intensify its study of air and noise pollution and to meet noise pollution standards established in cooperation with plaintiffs' experts.

Counsel for Plaintiffs
Leonard I. Weinglass
Broege, Fogel & Weinglass
108 Washington Street
Newark, New Jersey 07102

Peter L. Berger
Rubens & Berger
370 Lexington Avenue
New York, New York 10017

Counsel for Defendants
David W. Dowd
Charles, Judge
Herbert I. Orlasch
New Jersey Turnpike Authority
New Brunswick, New Jersey

[2 ELR 20109]

Furman, J.

CONSENT ORDER

This matter being opened to the Court on the 2nd day of September, 1971, by Leonard I. Weinglass, Esq., of Broege, Fogel & Weinglass, Esqs., maintaining offices at 108 Washington Street, Newark, New Jersey, and Peter L. Berger, 370 Lexington Avenue, New York, N.Y., appearing for all plaintiffs, and David W. Dowd, Esq., and Charles Judge, Esq., and Herbert I. Orlasch, appearing on behalf of the defendant New Jersey Turnpike Authority; this matter being opened to the Court on the 28th day of January 1972 by L. I. Weinglass, Esq., maintaining offices at 108 Washington Street, Newark, New Jersey 07102, and Peter L. Berger, 370 Lexington Avenue, New York, N.Y. 10017, appearing on behalf of the Concerned Citizens of East Brunswick, Inc., a non-profit corporation of the State of New Jersey, et al, and the parties having settled all matters pertaining to the above captioned matter and have set forth all agreements pertaining to the settlement of the above captioned matter and the authorized representatives of both parties having been present throughout settlement negotiations and having approved each item contained herein separately and together as a whole agree as follows:

1. Defendant Turnpike shall erect a berm of earth around the proposed Interchange 9, SOT ramp. Said berm shall be constructed in accordance with presently existing plans, said plans to be submitted to Dr. C. Michael Hogan for review and approval. Said approval shall not be unreasonably withheld. In no case shall natural flow of water in brook on Jacobson property be interfered with.

2. At the request of Plaintiffs, Defendant Turnpike in consideration of all factors, agrees to consent to the elimination of the proposed extension of Kennedy Blvd. and further agrees to erect the Schoolhouse Lane Bridge to pass over the Turnpike in accordance with the original design plan therefor. It is understood that Defendant Turnpike shall not be liable for the previously committed proposed improvements to Route 18 and specifically the proposed Jughandle at Eggers Street.

3. Plaintiffs' consent to the proposed reconstruction and modification of Gage Road in the vicinity of Route 18 as planned by the Defendant Turnpike.

4. Defendant Turnpike agrees that all Mercury lights to be installed in connection with the "1971 Widening Program" will be installed in such a manner that the light source will not be directed toward adjoining residential properties.

5. The parties hereto understand that Defendant Turnpike will immediately proceed to construct a temporary Kennedy Boulevard joining Ainsworth Avenue to the present Kennedy Boulevard which temporary Kennedy Boulevard shall pass west of the Jacobson property and the Turnpike may use up to 5 ft. of the new portion of said property. Said temporary Kennedy Boulevard is to be abandoned upon substantial completion of the abovementioned Schoolhouse Road Bridge and the landscape restored to its present condition. It is contemplated that said Schoolhouse Lane Bridge shall be completed within 18 months of the date of this order. It is further agreed that nothing in this order shall obligate the Defendant Turnpike to perform any construction on Ainsworth Avenue.

6. Plaintiff agrees to dismiss all pending litigation with prejudice and without costs now pending in any Court and to withdraw all objections filed with any Municipal, State or Federal agency relating to the "Proposed 1971 Turnpike Widening" and to cooperate with the Defendant Turnpike in obtaining any and all approvals needed to authorize or complete said widening.

7. Defendant Turnpike shall extend and expand its present air pollution studies to include all of the Turnpike right-of-way area in the township of East Brunswick. Said studies are directed toward establishment of reasonable standards for air and noise pollution controls. Said standards when established are to be implemented as uniformly as possible in the widened area and in the following designated experimental areas:

(a) Along the New Jersey Turnpike from a point commencing at the northerly lane of Sullivan Way and running thence southerly along both sides of the said Turnpike to Tices Lane.

(b) Along the easterly side of the New Jersey Turnpike from a point commencing at the northerly lane of Old Dutch Road and running southerly to the northerly lane of Church Lane.

With regard to the abovenmentioned experimental areas and also with regard to the widened portion of the "1971 Turnpike Widening" lying within the Township of East Brunswick, it is agreed as follows:

(i) Noise pollution consultants for respective parties will jointly develop standards and implementation plans to meet said standards for noise control in said areas and pollution in accordance with work plans jointly prepared by said consultants, which work plans are incorporated herein by reference thereto.

(a) Said noise level standards shall be developed and completed within 4 months of the date of this order.

(b) Said implementation, which is to meet said noise level standards, shall be completed within 6 months of the date of the substantial completion of the "1971 Turnpike Widening".

[2 ELR 20110]

8. Incorporated by reference herein, and explicitly made a part of this order, are the contents of a letter prepared this date from the Attorneys representing the Defendant Turnpike Authority to Counsel for the Plaintiffs setting forth additional details of the over-all settlement agreement. The provisions thereof shall carry the same force and effect of the other portions of this orders as if fully set forth herein and at length.