Day 1 of Drew Forest Trial: Opening Arguments Heard in Forest Preservation Dispute
By: Ryan Lynch, Tapinto Madison
The trial involving Drew University Forest and whether or not the Forest should have been included as vacant land in Madison’s 2020 affordable housing plan, commenced on Monday May 20th at the Morristown Court House, presided by Judge Stephan Hansbury. The trial will be focused on the preservation and potential sale of forest property located on Drew University’s campus.
A crowd in support of the plaintiff's efforts to preserve the forest, showed up wearing blue and green t-shirts reading “Save the Drew Forest”.
Previously, a judge ruled undeveloped land on Drew’s property must be included in the town’s calculation of land available for affordable housing. The central question of the trial regards what that land’s realistic development potential (RDF) is.
According to Drew University’s website, the university is seeking a buyer for “Parcel A” of the forest that represents the Drew Forest Preserve who is committed to permanently conserving the land. The university is also seeking buyers for “Parcel B” and “Parcel C”, which would be sold for the development of rental properties. According to the website, 20% of these properties would be dedicated to affordable housing. However, Drew said it needs Madison to rezone these parcels in order for the university to receive a market-value offer.
According to the Friends of the Drew Forest – 501(c)(3) non-profit organization created by local environmental activists – website, any development would compromise the environmental integrity of the forest’s ecosystem.
Back in November, The Morris County Board of County Commissioners approved a $5 million dollar grant recommended by the Morris County Open Space Trust Fund Committee to assist Madison Borough in acquiring and preserving the 51-acre forest section of Drew University (the Drew Forest). However, that hasn’t stopped the pursuit of the potential sale of a portion of the property to be sold to potential developers to help meet Madison’ Borough’s affordable housing requirements.
Legal counsel representing Drew University and Fair Share Housing cited Drew’s need for funding and Madison’s need for affordable housing in their opening arguments. They called on two witnesses, one of whom is employed by an environmental consulting company and one of whom works as a professional planner. The witnesses’ testimonies supported some of the topics the legal counsel presented in their opening arguments, including their statements that the property is not occupied by a threatened or endangered species on the state or federal level, the land is developable and Madison is in need of affordable housing.
In contrast, legal counsel representing Friends of the Drew Forest emphasized the invaluable nature of the forest, including the aquifers located on site, its status as a bat habitat and its role in lowering carbon dioxide levels. Their legal counsel had time to call on one witness, Jamie Morgan of the Davey Resource Group. Her testimony further explored these topics.
By 4:15 p.m., the presiding judge acknowledged the trial would need more than two days to be heard.
“We want the parties to come to an agreement, a settlement, on the purchase of the forest…hopefully the outcome of this case will spur both parties to the right direction, spur them closer to each other,” Lydia Chambers, co-chair of Friends of the Drew Forest, said.
Deliberations will resume at the Morris County Courthouse, located at 56 Washington St. in Morristown, on Tuesday, May 21 at 9 a.m.
