Resident brings issues in development to light
Possible illegal dumping in creek under investigation
BY DAVE BENJAMIN Staff Writer

JACKSON - So far, Rachelle Giacchi is batting .500. Giacchi, a resident of the Westlake North adult community, contacted the Tri-Town News because she had two concerns that she said were not being properly addressed by the people who oversee the community.

After the Tri-Town News began looking into her concerns, one issue was resolved within a week and the second issue was reported to be under renewed examination.

"I have been living here for three years and we have had some very major issues about lighting in the front of our property and [in the area of the proposed security] entrance booth near our property," Giacchi said. "We were told that we had to wait until all of the buildings were done, because they couldn't put up a security gate because trucks would be coming and going."

She said she was told that proper lighting could not be installed because an island for the security gate had not been built.

"For three years we have had a terrible runaround," Giacchi said. "We have made literally hundreds of calls to JCP&L, to Toll Brothers and to U.S. Home. Our problem is near the corner of South Cooks Bridge Road and Long Bay Lane, the entrance to Westlake North, where there is no lighting whatsoever. It is so dark making that turn."

Giacchi said the residents were promised a street light by the township, the builder and JCP&L.

The Tri-Town News contacted township Business Administrator Phil Del Turco on Feb. 14, and he said he had addressed the issue with JCP&L.

Del Turco said the mayor, the township engineer and the administrator have been making every effort to get the street light installed.

Westlake master board chairman Stan Dubroff said he spoke with a JCP&L representative and was told the company would start working on the light installation in about a week or two.

Giacchi, however, later confirmed that the street light she had been pursuing was installed on Feb. 19.

The second issue of concern to Giacchi remains unresolved, but under investigation.

"Behind my property there are woods," she said. "I have about 10 feet of common ground and then there are woods. There is a creek that does not belong to me, but that creek is a dumping ground."

Giacchi said she did not know exactly where the garbage in the creek was coming from, but said she would like to see it cleaned up. She said there are tires, garbage bags, soda cans and other debris in the creek.

"We started to find dead birds," Giacchi said. "I told the [community] board that I don't want to get sick."

Giacchi said when she asked the master board for a hearing, she was told that an analysis of the water in the creek had been completed but that the results could not be shared with her because it was a confidentiality issue.

She said she was told that she would receive a response from the board following a meeting that was scheduled for March 27.

"They consider [the analysis] a confidential document and according to the bylaws here they do not have to disclose what is in that [water]," she said. "I asked them to just send me a letter to let me know that I am not in any danger. That's all I ask. Send me something that says they've checked this and it's not life threatening, and they refused. That makes me feel there is a problem they're hiding from me. I want someone to tell me that this filthy, dirty creek behind my house [has been cleaned and that] I'm not in danger from it."

Giacchi said she has retained an attorney to assist her in the matter.

Del Turco said the situation regarding the creek may be one of illegal dumping. He said he would bring the matter to the attention of the code enforcement officer and have him check up on the site. The administrator also said he would talk with the township engineer regarding the situation.

"It is disconcerting to hear these things," Del Turco said. "This illegal dumping has to cease."

He also said he would speak with a representative of the homeowners association.

According to Dubroff, the creek is in a common area, but nowhere near Giacchi's house.

"The developer told us they cleaned it out" some time ago, Dubroff said.

When told about the tires, bottles, dead birds and other items mentioned by Giacchi, Dubroff said, "We haven't been advised of anything like that. I will notify the community manager. She (Giacchi) never submitted anything to us that I know of. Not about dead birds."

He noted that the board's attorney has since provided Giacchi's attorney with the relevant information.

Community manager Robert Marino was not available for comment and his office suggested contacting the adult community's attorney.

Attorney Sam McNulty said the Westlake Master Association is undergoing a transition where there is an evaluation of the common areas.

"In the case of the Westlake creek, there were some concerns that were voiced last year and they were investigated by the board, and where appropriate, there was action taken, whether it was cleaning up of debris or other things," McNulty said. "They were addressed and as other complaints are raised they will be addressed as well, usually by the property manager."

McNulty said regarding the creek issue, the association obtained independent testing and has also hired an environmental consultant to advise them in connection with whatever results are found.

"The text of the report was shared with Ms. Giacchi's attorney last week," Mc- Nulty said. "We are trying to deal with her concerns in a professional manner."

Larry Hajna, a spokesman for the New Jersey Department of Environmental Protection, said the situation involving the creek is being handled by the Ocean County Health Department.

Ocean County Health Department public information officer Ed Rumen said the case has been assigned to one of the department's licensed environmental specialists and is being investigated.

Dubroff said Giacchi is entitled to have an investigation of her concerns regarding the creek.