On February 21, 2002, NJ Department of Environmental Protection (DEP) rescinded a permit it previously issued to Stirling Properties, developers of a proposed development of 56 townhouses on the Tubitz property behind Drug Fair at the Hickory Tree Mall.

Great Swamp Watershed Association filed suit in November 2001 to overturn the approval of a steep slopes variance granted by the Chatham Township Planning Board prior to the conclusion of the case. The steep slopes variance was conditioned on issuance of permits by the DEP that did not disturb the project’s proposed site plan. According to Daniel E. Somers, Attorney for Great Swamp Watershed Association, " We are extremely pleased that the DEP has rescinded its watering lowering permit for this development. It is extremely unusual for a permit like this to be withdrawn and it vindicates our position that the developer had no business converting a natural pond with a functioning ecosystem into a clay-lined detention basin."

The application for this proposed development is currently before the Chatham Township Planning Board. Somers said: "We hope this means that the variance approval will lapse in accordance with its terms and that the developer will become more attuned to environmental issues when formulating its plan for the property."

Great Swamp Watershed Association was created to protect the Great Swamp watershed basin. Celebrating its 20^th Anniversary as a non-profit organization, the Watershed Association relies solely on membership and contributions to protect the continued health of the local environment—from drinking water, to flood control, to the existence of many species of plant and animal life. If you’re not already a member, become one today. For more information, call (973)966-1900, or visit their website at www.greatswamp.org.

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