Toll Brothers Developments in Upper Saddle River & Mahwah
Upper Saddle River
Apple Ridge renamed Preserve at Upper Saddle River
November 2019 renamed Orchard Ridge – Preserve
Mahwah
Orchard Ridge
Overview
– Nearly 1,000 trees wiped out
– 16 heritage trees destroyed
– ARSENIC and LEAD in soil runoff polluted local streams and wells
TOLL BROTHERS GOT AWAY WITH IT
No fines
No penalties
No sanctions
Scroll down for full information, updated information and before and after photos.
Where is/was Apple Ridge Country Club?
History of Apple Ridge Country Club
The Apple Ridge Country Club was founded in 1966 with the 108-acre lot straddling both Upper Saddle River and Mahwah.
The country clubs original vision, created by founder Clinton Carlough, was to give many acres to golfers, and have provide sprawling apple orchards to golf across. The 18-hole course was designed perfectly to cater to the advanced or beginner golfer.
It was the perfect venue to create some picture perfect memories as it overlooked the skyline of New York City.
It closed in December of 2015, not due to a lack of demand, but due to a new demand for housing and the property being a prime location, with a desirable view, which would be more profitable for both parties.
Who are Toll Brothers?
“Toll Brothers, an award winning Fortune 500 company, embraces a dedicated commitment to quality and customer service.”
– From tollbrothers.com
Environmental Damage
During the demolition of Apple Ridge Country Club close to 1,000 trees were removed from the 100+ acre lot, “556 of them in Mahwah alone” (NorthJersey.com). Approximately 16 of these trees had been designated as a heritage trees. A heritage tree is defined as “a large, individual tree with unique value, which is considered irreplaceable…the major criteria for heritage tree designation are age, rarity, and size as well as aesthetic, botanical, ecological and historical value” (Wikipedia). A few people came forward to the USR Council to oppose all of this destruction but complaints were not heard. With that particular incident over with, it has moved on to the current situation and construction.
Toll Brothers had taken up the project to build 78 new houses on the 100+ acre lot. It was known that the land needed to be treated for “arsenic and lead contamination in the soil, which resulted from the pesticides that were used to treat the grass” (Business Insider, 2017). Soil was remediated just below the NJ DEP MCL (maximum contamination level) of 20 mg arsenic/Kg soil. They blended the contaminated soil with the clean soil below to reduce the concentrations of Arsenic but it’s all still there. However, no contaminated soil was removed.
According to NorthJersey.com, the President of Toll Brothers, Chris Gaffney, said, “Addressing toxins on the 100-plus acre property, which straddles the Mahwah-Upper Saddle River border, will be the first order of business.” Arsenic tests came back positive up to 24 inches deep into the soil.
Demolition of the lot began in the middle of 2017.
Early December 2017 heavy rains and snow melt, caused the top soil from the property to flood off the development onto the properties of local homeowners, caking roads and flowing into local streams. This brown and murky water caused alarm for homeowners. Was this soil and water safe, especially considering what was in the soil from the years of pesticide use?
Despite being a ‘reputable builder’ it became clear that Toll Brothers had no adequate protections in place to prevent this flow of muddy toxic soil and every rain event resulted in streets and driveways covered in mud and streams turing into brown sludge. It continued unabated through 2018 with Toll Brothers responsible for every rain event polluting the water with toxic runoff. The Upper Saddle River mayor and council, and town engineer Boswell didn’t stop it and allowed it to continue.
Tests of the water showed that the water was not safe. Well tests shows increased levels of arsenic and lead, well above the mandated accepted level.
Finally in July 2019 a serious episode of stormwater runoff onto the road, photographed and catalogued by alarmed residents resulted in the mayor and council of both Upper Saddle River and Mahwah inforcing a Stop Work Order. Only at this point was the highly inadequate stormwater provision installed by Toll Brothers (hale bales) changed and a standard system installed. After 17 months.
What was done to stop this contamination?
In short, nothing by the Toll Brothers. They employed the most minimal approach – hale bays – and without oversight from the town and got away with it until road flooding was so serious, and enough residents sounded the alarm that a Stop Work Order with requirements was enforced.
They claim that remediation of the top soil was done. Tests of the water and wells in the surrounding area show this to be false.
Citizens in Upper Saddle River and Mahwah are working to fight against Toll Brothers.
Additionally, a lawsuit is officially being filed against Toll Brothers.
“Upper Saddle River Nj, In the spirit of the below Toll Brothers settlement GreenUSR member accompanied by his lawyer Garth Molander, Esq. filed criminal complaint against Toll Brothers with the local prosecutor‘s office for alleged intentional discharging storm water into Pleasant Brook and dumping remediated arsenic and lead sediment into local waterways.”
– From The Ridgewood Blog
Read further information here.
What is the future?
As of the end of 2019 Toll Brothers has stabilized their site with the measures which should have been in place from the outset, and controlled the stormwater runoff and daily pumping into Pleasant Brook. Houses are being built. Buyers with families are coming. However, the length of damage to the environment – the lack of correct remediation of the soil and the continued pumping of toxic water into the local waterways leaves many questions unanswered. Boswell Engineering, the town engineer for Upper Saddle River and Mahwah, maintain sufficient work was carried out – they have water tests with results – showing the levels are acceptable and safe. Some residents disagree arguing that the charts of figures used are not equivalent.
But are they? The environmental damage went on for 17 months. The soil was not remediated correctly – it was filtered. Toxins were not removed and there may still be at high levels. But with the clear lack of enforcement by Upper Saddle River mayor and council and Toll Brothers stance of basically doing as little as possible and not addressing the issue until caught by numerous residents it is difficult to know. As new families move into homes and landscape work is done, unearthing soil that may have significant serious contaminants what will happen? Ten years on will there be a blip of medical issues? Or will it be 5 years, or 15? When Toll Brothers have moved on, and liability is no long an issue, when the mayor and council of Upper Saddle River have retired and left town who will answer the questions?
Health Effects of Chronic Arsenic Exposure
What should prospective home buyers know?
The soil at the housing development was not remediated as per the requirements of the initial contract. Toll Brothers employed a serious cost limiting practice and filtered and sifted. Meaning lower level soil was mixed with upper soil.
****There is considerable debate over the effectiveness of this technique.***
In reality the toxins have been blended with deeper level soil but are still on the site. Scratching the surface might not result in highly toxic soil – but in pockets it might – but over time with soil and ground movement contaminants will rise to the surface. Will they be in significantly high numbers? No one knows. But the toxins are there. Rain will over time wash the toxins down and given sufficient years will filter some of it out. How long will that take? Unknown.
What is known is that families with small children will live on soil that has toxins. An abnormal amount. They will play outside. They will breathe the air. They may be put at risk.
Toll Brothers viewed the situation as passive participants until caught. They watched quietly and waited. The mayor and council of Upper Saddle River (and Mahwah) were not proactive enough, were not the guardians of the town and questionably allowed Toll Brothers to get away with the environmental destruction.
There were no fines, no sections, no reprimands.
As the vast majority of residents in Upper Saddle River were apathetic to the situation there was no outrage, demands for action, allowing the mayor and council to literally do nothing. Until the few residents who had been fighting and cataloging the issue made it impossible for the administration to ignore.
Is is safe? Who can say? What toxins and environmental contaminants are people exposed to daily, everywhere? But with the arrival of a diagnosis that is unexpected, a developer who has long gone, and a mayor and council who have moved on questions will be difficult to answer.
Prospective buyers should do their homework, think carefully and act as they see appropriate. However, in the development by Toll Brothers in Upper Saddle River and Mahwah it really is a case of……buyer beware.
Meanwhile in Upper Saddle River there are several homes with contaminated wells. Brown water still appears in Pleasant Brook, with less frequency, but still appears, often on Saturday mornings – Friday night tank purging seems to be a thing. And questions go unanswered about the remediation of the Pleasant Brook.
Toll Brothers, the behemoth developer with highly questionable environmental practices came to town, did whatever they wanted with just a tiny slap on the wrist and left considerably richer. But what is their legacy going to be? Cookie cutter homes for a hefty price, and the potential for health issues arising from the toxic soil that the homes sit on.
Truly, buyer beware.