Politics & Government
Bridgewater Sues Somerset County Claiming 300 Trees Cut Down At Washington Valley Park
The lawsuit claims the County has caused irreparable harm to Bridgewater, its residents, and its public infrastructure.
BRIDGEWATER, NJ — Bridgewater filed a lawsuit against Somerset County on Thursday after the Township said more than 300 trees were cut down at Washington Valley Park. The Township is hoping to rectify the "unauthorized and excessive removal of hundreds of mature trees." (See the full lawsuit and contract below below)
The lawsuit filed in Somerset County Superior Court claims Somerset County and the Somerset County Park Commission used their contractor, Pave Right Construction, to remove an estimated 300 to 500 trees, despite contract documents authorizing the removal of only 37 trees for the construction of an "access road" between Vosseller Avenue and the Hawk Watch/White Rock area of the park.
Somerset County has not responded to Patch's repeated requests for comment.
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The Township claims the project, which is on protected Green Acres-funded property, was performed without the required environmental clearances, without a valid or properly scoped Soil Erosion and Sediment Control certification, and without coordination with the host municipality, thereby violating state environmental statutes, municipal ordinances, and the public trust.
"The resulting deforestation has created significant environmental and public-safety risks, including erosion, stormwater runoff, and potential damage to municipal infrastructure previously repaired at substantial public expense following Hurricane Ida," according to the lawsuit.
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Mayor Matthew Moench spoke with Patch and shared his concerns with the project.
"They're creating a public nuisance. They're creating a flood hazard," said Moench. "There's a host of regulatory issues that we think they're not compliant with."
Around Aug. 1, Bridgewater claims it first received copies of Somerset County's construction plans seeking bids for the Washington Valley Park access road, which reflected the removal of approximately 37 trees.
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On Aug. 14, the Township claims it was contacted by Somerset County to confirm a traffic-sight-distance study, proposed lighting plans, and proposed tree-replanting offsets.
"The County responded that no traffic study had been prepared, that a single LED light would illuminate the entrance, and that tree planting would not be included in this contract," according to the lawsuit. "No further correspondence from Defendants indicated any increase in tree removals beyond the 37 trees shown on the bid plans."
It wasn't until Oct. 13, when the project was under way that the Township discovered that Somerset County's contractor "had removed well over 300 trees, in excess of the plans, generating enormous wood-chip piles visible from the public right-of-way."
A concerned resident shared the video below with Patch of the trees cut down:
- Previous Reporting: Hundreds Of Trees Chopped Down At Washington Valley Park, Bridgewater 'Deeply Concerned'
Township Engineer William Burr said on Tuesday night at a Zoning Board meeting that "definitely more than 34 trees came down."
Bridgewater Township Zoning Board of Adjustment Chairman and a former Open Space Committeeman, Jeffrey Foose, spoke on Tuesday night saying, "I tell you when I went to this site today I literally almost fell to my knees."
"I want my 334 trees back. If it's more, I want more trees back. Because this property is in the open space register and has a Green Acres State of New Jersey sign on it," said Foose, who vowed to volunteer his time to replant the lost trees.
Flooding
The removal of the trees has raised many concerns, including flooding in the area. In November 2021, the Township spent about $1 million to rebuild the embankment along the side of Vosseller after Hurricane Ida.
"This is the top of the mountain where we saw all the flooding in [Hurricane] Ida. We spent hundreds of thousands of dollars repairing Vosseller Avenue," said Moench, who also pointed to Chimney Rock Road, which runs below the same mountain.
"You have all the flooding with Chimney Rock Road. I mean, this is all the same area, so you're cutting down hundreds of trees to put in impervious coverage at the top of the mountain, and we want to talk about flooding issues?" said Moench.
Moench said those trees were crucial to both soil stability and stormwater absorption in an area of Bridgewater already at grave risk of extreme flood damage. He called the removal of hundreds of trees in such close proximity to the Vosseller Avenue repair site "unconscionable."
Foose said that flooding in that area led to one person dying and more being rescued in 2021.
"During Ida, we literally had someone die who was swept from their car," said Foose at the Zoning Board meeting.
Near the Vosseller Avenue and Route 22 intersection, Malathi Kanche of Raritan Borough was found dead after being last seen in the rising water, east of the Bridgewater Chevrolet car dealership on Sept. 1, 2021. Read More: 5 Dead In Somerset County Following Ida's Historic Storm
That same night, Nick Dirla, 22, of Bridgewater, rescued eight people in the floods from Hurricane Ida on Route 22. Read More: Heroic 22-Year-Old UPS Driver Saves 8 Lives From Flooded Route 22 In Bridgewater: Videos
Flooding concerns were raised in April 2024 in the same area when a storage facility was being proposed to be built. A wastewater management and drainage plan was presented, and the application was ultimately approved in June 2024. However, that was before knowing the trees would be cut down up the mountain.
According to Purdue University, trees can absorb between 10 and 150 gallons of water daily.
As of Thursday afternoon, Moench said trees were still being cut down and the Township was filing a court order to stop it.
Additionally, as of 2:30 pm., "Somerset County has not provided any response to Bridgewater Township regarding the devastation associated with this project. Tree clearing operations at the site were ongoing as of this morning," according to the Township.
"They're destroying the environment. They're creating flood hazards for our residents, that's going to potentially cost us literally hundreds, if not millions of dollars," said Moench.
The lawsuit is seeking to stop any further clearing, grading, or construction activity at Washington Valley Park pending full compliance with State and local environmental requirements.
It is also asking for Somerset County to install and maintain adequate soil-erosion and stormwater-management measures and to prepare a Tree Replacement and Restoration Plan acceptable to the Township and the appropriate regulatory agencies.
Bridgewater also wants to require Somerset County to submit to judicial supervision of site restoration and compliance, and granting such other and further equitable relief as the Court deems just and proper.
The project has gained the attention of Somerset County Commissioner candidates Nick Cuozzo and Michelle Mayorga, who are calling for immediate accountability.
"This is an appalling failure of oversight and the inevitable outcome of one-party rule," said Cuozzo, who serves on the Bernards Township Planning Board and Environmental Commission. "Hundreds of trees were cut down on the County’s watch despite the land being preserved open space — and no one seems to know who authorized it or how it was allowed to go this far."
"The current Board talks about preserving open space and protecting our environment, but their actions tell a very different story,” added Mayorga, "Residents deserve accountability. We need to know why taxpayer dollars funded such environmental damage and what the plan is to address the increase in flooding risks this negligence has caused."
The Township issued a statement with the lawsuit clarifying its role in the County's project:
"It is important for residents to understand that although the County provided the Township with copies of its construction plans and bid specifications, Somerset County was not legally required to seek an approval from a Township land use board in order to begin construction. This project was never approved by Bridgewater, as the law generally exempts Counties from specific municipal oversight or supervision.
However, the County is not exempt from their obligation to comply with state-mandated regulations like stormwater management and tree removal. Nor is the County permitted to put our residents, their property and our infrastructure at risk. We will ensure that their conduct is reviewed by the court and that they are held accountable. Bridgewater cannot, on its own, compel the County to stop or fix what has been done—that is precisely why the Township has turned to the courts for relief.
"We remain deeply troubled by the County’s apparent willingness to exploit our good faith," Moench stated, "and to allow or direct its contractors to deviate so dramatically from the plans that were presented to us as final."
See the lawsuit below:
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