When human rights collide with turtles' rights
Huneke family appeals habitat designation to no avail
BY JENNIFER KOHLHEPP Staff Writer

MILLSTONE — The plight of Huneke Way continues.

It has been over a year since Bob Huneke withdrew a Planning Board application to further subdivide his family's farm along the street that bears his family's name. He has put 25 acres of the farm up for sale and continues to reside on the property. However, Huneke still maintains hope of preserving the entire farm for future generations of his and other families to enjoy.

The predicament with the 36-acre property, which Huneke has lived on for 65 years, began when it was turned down for the farmland preservation program, according to Huneke. After that, Huneke decided to try subdividing a 4-acre lot to be able to offer each of his children a place on the farm.

When the state Department of Environmental Protection (DEP) heard about the proposed subdivision, it sent him a letter stating that an aerial view of the property indicated potential habitat for the state endangered wood turtle.

"Without a visit to the farm, the DEP's decision turned my farm into a conservation easement," he said, adding that such habitat tripled the necessary development buffers from 50 feet to 150 feet, leaving a 200-foot circle for new development on the property.

Huneke said no one has ever seen a wood turtle on the property and no other farms in the area are classified as wood turtle habitat. His property is considered such habitat because his family planted white pine trees there in 1977 that it continues to harvest for sale.

Huneke took issue with the DEP because he feels the designation did not take his family into consideration and came after he invested $60,000 in the subdivision process.

"How did the Huneke family become responsible for preserving a wood turtle habitat for future generations without any compensation or consideration and without a wood turtle?" he asked.

The DEP does not have to find an endangered species to classify land suitable habitat for that species. However, Huneke did hire attorney Paul Schneider, of Giordano Halleran and Ciesla, to file an appeal based on what the DEP calls reliance.

"Reliance, as I interpret it, occurs when someone begins a land project relying upon the DEP approval of wetlands delineation, and after you've invested a sizable sum the DEP changes your wetlands classifications," Huneke said. "In essence if they change the rules well into the project, you can appeal."

Schneider mailed the appeal to both David Fanz and Lawrence Torok, of the DEP, in October 2006. Both confirmed receipt of the appeal Oct. 13, 2006. On March 8, 2007, Deputy Attorney General Rachel Horowitz requested all of Huneke's canceled checks and other documents of monies spent prior to the wood turtle habitat designation. Schneider responded to Horowitz in September 2007.

"To this date and to the best of my knowledge we have not received a response from Rachel Horowitz," Huneke said.

When Huneke called Horowitz, her office told him to call Fanz, who told Huneke that the appeal was denied. Fanz also informed Huneke that he might get the 4-acre subdivision if he put the septic system in front of the proposed home.

"Who wants a house with a septic field as the front lawn in a 200-foot circle?" Huneke asked, adding that he does not consider Fanz's phone conversation an official DEP response to his appeal.

Huneke said he remains unsatisfied with the DEP conclusions as the agency never visited his property.

"The DEP was established as the regulatory agency to protect and preserve environmental issues and like most governmental agencies they start out with good intentions that then seem to drift into an overwhelming, all-powerful bureaucracy," Huneke said. "They lose the ability to weigh and balance the rights and effects their environmental decisions (mandates) have on individuals and families. Oftentimes DEP decisions alienate and cause deep divides between the rights of landowners and environmentalists, such is what happened to my family."

Huneke also noted that having the DEP classify his land as habitat, "created open space free of charge."

Huneke said he spent over $120,000 trying to subdivide the property. He said if his farm could get accepted into the farmland preservation program, he could use the money he would get for preservation to pay down the mortgage.

"That would be my dream," Huneke said. "It has always been my dream to preserve this farm."

When asked what reasons he was initially given for not being able to enter his farm into the farmland preservation program, Huneke said that the property was considered too small. He said township officials recently told him to apply again, but he has not yet done so.

Huneke thanks all of those who have heard and responded to his family's story. He continues to seek advice from people in similar situations and local, county, and state officials who may be able to help him at www.hunekeway.com. He can also be reached by calling 215-852-5726.

Contact Jennifer Kohlhepp at

examiner@gmnews.com.