Evesham NJ Rattlesnakes & Development - Press Item

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Posted by Wes von Papine�u on April 12, 1999 at 19:36:40:

THE INQUIRER (Philadelphia) 12 April 99 The homes and snakes are there to stay: Evesham, developers and a state commission wonder how they got in this position, and what to do next.
Evesham: The rattlesnakes were here first. Then came man, with tract mansions, septic tanks and roads.
In a process that went awry, the Pinelands Commission in 1995 approved a 300-home subdivision now called the Sanctuary in this community, which spreads into the Pine Barrens.
One hundred homes were already built or in the works last summer when the rattlesnakes started turning up in people's yards. Police shot and killed two, construction workers killed four, two were shooed away, and one was found dead in the road.
Unlike the common hognose and black snakes, the timber rattlesnake is a state endangered species, and the commission was supposed to prevent encroachment on its habitat.
The Pinelands Commission is now in a position of explaining where things went wrong and defending itself against a lawsuit by developer Stephen Samost. He sued the commission for putting a stop-order on construction. Environmentalists are saying that protection of the snakes takes precedence, and they support an end to the building.
The order to stop construction was issued in October, about the time the three- to five-foot-long, heavy-bodied timber rattlesnakes slithered into hibernation. They are still coiled in the roots of cedar trees along Kettle Run Creek, which runs through the development. Warming water temperatures will stimulate the snakes out of winter slumber in the next few weeks.
When the snakes finally do show their diamond-shaped heads, they will prey on mice, moles, voles, squirrels and rabbits. With yellow and black crossbands, their coloration serves as camouflage under bushes, logs and along leaf-covered paths. The snakes are considered passive, preferring escape to attack. Their poison can be fatal in large doses from a single bite.
Herpetologist Robert Zappalorti recently gave a timber rattlesnake slide show to 100-plus area residents who were concerned about their safety. He told the crowd at the Woodford Cedar Run Wildlife Refuge in Medford that scientists have known of timber rattlers in the Sanctuary area since 1930.
Records at the refuge include rattlesnake sightings in the 1980s. One was picked up in 1993 from a Girl Scout camp along Kettle Run Creek, just north of the Sanctuary. It was studied and released. Others were picked up at the camp and along the creek in 1994, 1996 and 1997, generating speculation that rattlesnake dens were in the area.
Speculation turned to fact when a radio transmitter was sewn into the body of a snake caught in 1997. It led researchers to its hibernation den in the cedar roots along a portion of Kettle Run Creek now at the heart of the Sanctuary development.
Zappalorti said in a recent interview that Pinelands officials should have been aware of the well-known rattlesnake study, at the very least. And the director of the Woodford Wildlife Refuge, Russell Juelg, said the Pinelands Commission, Samost or both should have checked the refuge's records when they did their environmental impact study, which is required for development in the Pinelands.
On a map of Burlington County, Juelg drew a two-mile circle around an area of Kettle Run Creek. The radio-tracked rattlesnake went into hibernation at the center of the circle.
On the circumference of his circle were several housing developments, including the Summit and Sturbridge Woods, both in Voorhees. Engulfed by the circle were Marlton Lakes developments and expensive homes along Rockledge Court in Evesham -- casually referred to as Snake Hill.
Just south of Rockledge Court is the Sanctuary.
Juelg's biggest concern, he said, is that people will continue to kill the rattlesnakes this summer. With only six or seven areas in South Jersey known to still have rattlesnake populations, he wonders why the Pinelands Commission and Evesham Township allowed development along Kettle Run Creek.
"As part of our application process, we require developers to investigate endangered and threatened species," Pinelands Commission official William Harrison said. Consultants commissioned by Samost to investigate the Sanctuary area in 1987 analyzed flora and fauna habitat.
The study team included snake experts. They found endangered tree frogs and two rare plants called swamp pink and Barratt's sedge, a reed-like grass. But they did not report any rattlesnakes.
"It was clear they were not hiding things from us," Harrison said. "It gave us a level of comfort."
Alterations were made to the Sanctuary's original plans as a result. Larger buffers were put in to protect the tree frog and sedge. And an entrance to the development was moved to preserve swamp pink, Harrison said.
Although the 1987 study did acknowledge "many reports of rattlesnake sightings in the vicinity of the study area," Harrison said the development was allowed because Samost's researchers never saw a rattlesnake.
He said the commission must rely on the environmental impact studies done by developers to identify threats to the roughly 70 animals and more than 330 plants on the state's endangered and threatened species list.
The commission concluded the area was not a critical habitat for the timber rattlesnake. By 1995, initial construction approvals were granted. Building began two years later.
Given the Sanctuary's delicate ecology and corresponding building restrictions, environmental buffers and open space were planned. The buffers were designed to protect all wildlife habitat, including space for any rattlesnakes, as well as to meet Pinelands requirements, Samost said.
If anything, the developer said, the commission and the township have reneged on a contractual agreement, and he is among the victims of that decision.
"Every single report that I know of . . . all acknowledge suitable habitat for the rattlesnake," Samost said in a recent interview. He said there should have been no question that snakes live there, "as in every one of the million acres of the Pinelands."
Howard Bronstein, a member of the Evesham Planning Board, said he was frustrated that the township was wrapped up in a lawsuit with Samost. He said the township routinely defers to the commission on development in the Pinelands, which consumes the township's southern half.
And although Evesham has its own ordinances to protect endangered species, he said the township looks to the commission because the state-recognized legal authority to protect endangered species rests there, not with municipalities.
"The Pinelands blew this one," Bronstein concluded.
The 1979 Pinelands Protection Act put teeth into the state's endangered-species protection regulations, specifically charging the Pinelands Commission with preventing habitat destruction in the 1.4-million-acre Pine Barrens.
Dave Jenkins, a principal zoologist for the state Department of Environmental Protection's endangered-species program, said recognition that the Sanctuary site was rattlesnake habitat would have put the Pinelands Commission in the legal position to refuse the development plans.
Unlike tree frogs, sedges and swamp pink, which can be protected by establishing wetlands barriers, rattlesnakes migrate over large areas, making barriers ineffective.
Principal parties to the lawsuit -- Samost, the Pinelands Commission and Evesham -- say a settlement is near and will likely prevent further building of homes.
Designs drawn in 1993 would have homes organized in stacks around Kettle Run Creek with wetlands buffers of 300 to 1,300 feet. Builders can't clear more than 25 percent of the trees on each lot, depending on the lot's size. The larger the lot, the less clearing is allowed.
The goal had been to create an upscale woodland community of 300 to 400 homes -- 100 more were awaiting approval when building stopped -- complete with a lake, tennis courts, wilderness trails and tot lots.
Samost and Harrison said they believed that the Sanctuary's original design will be dramatically altered and that many, if not all, of the unbuilt homes will be transferred to nearby properties.
Three environmental groups that joined in the case in February -- the Pinelands Preservation Alliance, Natural Resources Defense Counsel and New Jersey Audubon Society -- say they will be satisfied if building there stops. And no one is talking about tearing down.
Pinelands Commissioner Stephen Lee said that the commission very rarely required structures to be moved, and that he was not considering that in this case. He said that the commission was charged with ensuring the snake's survival, and that the snakes would adapt to the houses.
Susan Kraham, attorney for the three environmental groups in the case, said the habitat could be preserved without removing homes.
But the fallout of a no-more-building settlement remains unclear. Partially created gray sandy roadways now wind through the 800-acre site of pristine scrub pines, cedar trees and wildlife. They were carved by builders expecting to lay asphalt and put up homes selling between $200,000 and $500,000.
The roads instead have piles of trash, empty beer bottles, and even an old refrigerator. And at the ends of these trash heaps is what made the Sanctuary a desirable investment: a dried lake bed where Samost had planned to dam the creek and restore 13 acres of lake.
One builder, Kenneth J. Steliga, is irked that roads he cleared now allow people to penetrate the pristine woods for bonfire parties and dumping grounds. He is also among the 100-plus homeowners shaking off the fear of cohabiting with large poisonous snakes come summer.
But the fear he cannot seem to shake is the fate of property values. He and other residents are talking about their legal rights, and possible lawsuits of their own.

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: THE INQUIRER (Philadelphia) 12 April 99 The homes and snakes are there to stay: Evesham, developers and a state commission wonder how they got in this position, and what to do next. : Evesham: The rattlesnakes were here first. Then came man, with tract mansions, septic tanks and roads. : In a process that went awry, the Pinelands Commission in 1995 approved a 300-home subdivision now called the Sanctuary in this community, which spreads into the Pine Barrens. : One hundred homes were already built or in the works last summer when the rattlesnakes started turning up in people's yards. Police shot and killed two, construction workers killed four, two were shooed away, and one was found dead in the road. : Unlike the common hognose and black snakes, the timber rattlesnake is a state endangered species, and the commission was supposed to prevent encroachment on its habitat. : The Pinelands Commission is now in a position of explaining where things went wrong and defending itself against a lawsuit by developer Stephen Samost. He sued the commission for putting a stop-order on construction. Environmentalists are saying that protection of the snakes takes precedence, and they support an end to the building. : The order to stop construction was issued in October, about the time the three- to five-foot-long, heavy-bodied timber rattlesnakes slithered into hibernation. They are still coiled in the roots of cedar trees along Kettle Run Creek, which runs through the development. Warming water temperatures will stimulate the snakes out of winter slumber in the next few weeks. : When the snakes finally do show their diamond-shaped heads, they will prey on mice, moles, voles, squirrels and rabbits. With yellow and black crossbands, their coloration serves as camouflage under bushes, logs and along leaf-covered paths. The snakes are considered passive, preferring escape to attack. Their poison can be fatal in large doses from a single bite. : Herpetologist Robert Zappalorti recently gave a timber rattlesnake slide show to 100-plus area residents who were concerned about their safety. He told the crowd at the Woodford Cedar Run Wildlife Refuge in Medford that scientists have known of timber rattlers in the Sanctuary area since 1930. : Records at the refuge include rattlesnake sightings in the 1980s. One was picked up in 1993 from a Girl Scout camp along Kettle Run Creek, just north of the Sanctuary. It was studied and released. Others were picked up at the camp and along the creek in 1994, 1996 and 1997, generating speculation that rattlesnake dens were in the area. : Speculation turned to fact when a radio transmitter was sewn into the body of a snake caught in 1997. It led researchers to its hibernation den in the cedar roots along a portion of Kettle Run Creek now at the heart of the Sanctuary development. : Zappalorti said in a recent interview that Pinelands officials should have been aware of the well-known rattlesnake study, at the very least. And the director of the Woodford Wildlife Refuge, Russell Juelg, said the Pinelands Commission, Samost or both should have checked the refuge's records when they did their environmental impact study, which is required for development in the Pinelands. : On a map of Burlington County, Juelg drew a two-mile circle around an area of Kettle Run Creek. The radio-tracked rattlesnake went into hibernation at the center of the circle. : On the circumference of his circle were several housing developments, including the Summit and Sturbridge Woods, both in Voorhees. Engulfed by the circle were Marlton Lakes developments and expensive homes along Rockledge Court in Evesham -- casually referred to as Snake Hill. : Just south of Rockledge Court is the Sanctuary. : Juelg's biggest concern, he said, is that people will continue to kill the rattlesnakes this summer. With only six or seven areas in South Jersey known to still have rattlesnake populations, he wonders why the Pinelands Commission and Evesham Township allowed development along Kettle Run Creek. : "As part of our application process, we require developers to investigate endangered and threatened species," Pinelands Commission official William Harrison said. Consultants commissioned by Samost to investigate the Sanctuary area in 1987 analyzed flora and fauna habitat. : The study team included snake experts. They found endangered tree frogs and two rare plants called swamp pink and Barratt's sedge, a reed-like grass. But they did not report any rattlesnakes. : "It was clear they were not hiding things from us," Harrison said. "It gave us a level of comfort." : Alterations were made to the Sanctuary's original plans as a result. Larger buffers were put in to protect the tree frog and sedge. And an entrance to the development was moved to preserve swamp pink, Harrison said. : Although the 1987 study did acknowledge "many reports of rattlesnake sightings in the vicinity of the study area," Harrison said the development was allowed because Samost's researchers never saw a rattlesnake. : He said the commission must rely on the environmental impact studies done by developers to identify threats to the roughly 70 animals and more than 330 plants on the state's endangered and threatened species list. : The commission concluded the area was not a critical habitat for the timber rattlesnake. By 1995, initial construction approvals were granted. Building began two years later. : Given the Sanctuary's delicate ecology and corresponding building restrictions, environmental buffers and open space were planned. The buffers were designed to protect all wildlife habitat, including space for any rattlesnakes, as well as to meet Pinelands requirements, Samost said. : If anything, the developer said, the commission and the township have reneged on a contractual agreement, and he is among the victims of that decision. : "Every single report that I know of . . . all acknowledge suitable habitat for the rattlesnake," Samost said in a recent interview. He said there should have been no question that snakes live there, "as in every one of the million acres of the Pinelands." : Howard Bronstein, a member of the Evesham Planning Board, said he was frustrated that the township was wrapped up in a lawsuit with Samost. He said the township routinely defers to the commission on development in the Pinelands, which consumes the township's southern half. : And although Evesham has its own ordinances to protect endangered species, he said the township looks to the commission because the state-recognized legal authority to protect endangered species rests there, not with municipalities. : "The Pinelands blew this one," Bronstein concluded. : The 1979 Pinelands Protection Act put teeth into the state's endangered-species protection regulations, specifically charging the Pinelands Commission with preventing habitat destruction in the 1.4-million-acre Pine Barrens. : Dave Jenkins, a principal zoologist for the state Department of Environmental Protection's endangered-species program, said recognition that the Sanctuary site was rattlesnake habitat would have put the Pinelands Commission in the legal position to refuse the development plans. : Unlike tree frogs, sedges and swamp pink, which can be protected by establishing wetlands barriers, rattlesnakes migrate over large areas, making barriers ineffective. : Principal parties to the lawsuit -- Samost, the Pinelands Commission and Evesham -- say a settlement is near and will likely prevent further building of homes. : Designs drawn in 1993 would have homes organized in stacks around Kettle Run Creek with wetlands buffers of 300 to 1,300 feet. Builders can't clear more than 25 percent of the trees on each lot, depending on the lot's size. The larger the lot, the less clearing is allowed. : The goal had been to create an upscale woodland community of 300 to 400 homes -- 100 more were awaiting approval when building stopped -- complete with a lake, tennis courts, wilderness trails and tot lots. : Samost and Harrison said they believed that the Sanctuary's original design will be dramatically altered and that many, if not all, of the unbuilt homes will be transferred to nearby properties. : Three environmental groups that joined in the case in February -- the Pinelands Preservation Alliance, Natural Resources Defense Counsel and New Jersey Audubon Society -- say they will be satisfied if building there stops. And no one is talking about tearing down. : Pinelands Commissioner Stephen Lee said that the commission very rarely required structures to be moved, and that he was not considering that in this case. He said that the commission was charged with ensuring the snake's survival, and that the snakes would adapt to the houses. : Susan Kraham, attorney for the three environmental groups in the case, said the habitat could be preserved without removing homes. : But the fallout of a no-more-building settlement remains unclear. Partially created gray sandy roadways now wind through the 800-acre site of pristine scrub pines, cedar trees and wildlife. They were carved by builders expecting to lay asphalt and put up homes selling between $200,000 and $500,000. : The roads instead have piles of trash, empty beer bottles, and even an old refrigerator. And at the ends of these trash heaps is what made the Sanctuary a desirable investment: a dried lake bed where Samost had planned to dam the creek and restore 13 acres of lake. : One builder, Kenneth J. Steliga, is irked that roads he cleared now allow people to penetrate the pristine woods for bonfire parties and dumping grounds. He is also among the 100-plus homeowners shaking off the fear of cohabiting with large poisonous snakes come summer. : But the fear he cannot seem to shake is the fate of property values. He and other residents are talking about their legal rights, and possible lawsuits of their own.

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