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Keeping residential neighborhoods residential
(by Maggie Fazeli Fard - June 17, 2008)
As the hearing of an application by United Water to expand an existing water tank site continues to draw criticism from borough residents, Montvale’s governing body is considering an ordinance to regulate public utility uses and restrict industrial development in residential zones.
The ordinance, currently being drafted by the borough attorney, was briefly discussed at the June 10 meeting of the mayor and council, two weeks after residents neighboring United Water’s Chestnut Ridge Road water tank site appealed to the mayor and council for assistance in fighting the application.
In its application, which is currently being reviewed by the zoning board, United Water is proposing to erect five 25-horsepower pumps as well as a double-walled, 150-gallon tank to store sodium hypochlorite, a disinfectant similar to but stronger than household bleach, prompting concerns over excessive noise and health hazards.
“While you can’t create land use law specifically targeting an application, an application could trigger train of thought,” said former Councilman James Kimball at the May 27 meeting, urging the governing body to consider an ordinance stating plainly that no industrial uses are allowed in residential neighborhoods.
According to Councilman Chuck Wehrle, the proposed ordinance would do just that.
“The [proposed] ordinance is geared to limit industrial development in residential areas,” said Wehrle, who is spearheading the effort to prepare a draft of the ordinance for council consideration, in a phone interview on June 11. The ordinance is slated for introduction at the June 24 mayor and council meeting.
Wehrle said that while the ordinance is not being written to prohibit United Water from expanding its site, “it is possible” that it could prevent the application from moving forward.
“We’re trying to keep residential neighborhoods residential. That is the sole purpose,” said Wehrle.
“The current tank has existed for 60 years, but it is a passive tank. They’re proposing heavy-duty pumps. It appears to me that it is not appropriate for a residential area. There’s danger to it,” he added, citing noise and disinfectant storage as issues of concern.
“I don’t believe any town should have industrial uses in a residential zone.”
A handful of Upper Montvale residents attended the June 10 meeting applauding Wehrle and fellow mayor and council members for their effort.
Pam Smith of Hickory Hill, the president of a 200-member residents’ group that has engaged legal representation, gave the proposed ordinance the Montvale Cares seal of approval, and Partridge Road resident Tony Santorelli anticipated that the proposed ordinance could have far reaching impact in Montvale’s development.
“This is a critical ordinance for anybody who lives in town,” said Santorelli.
While Daniel Gielchinsky, United Water’s attorney, had not yet heard of the proposed ordinance, he said in a phone interview that the ordinance may not have bearing on his client’s application.
“There are land use controls that speak to utilities. That is what we are proposing – a utility,” Gielchinsky said. “The characterization of this use as industrial is incorrect. What we are proposing is simply an addition to an existing use as a utility – a safer, cleaner and more consistent flow of water.”
According to United Water, the need for the expansion of the site dates back to 1959, when the water tank was erected on Chestnut Ridge Road near Summit Avenue to supply Montvale residents with water. The tank used no pumps, transporting water to lower grades by gravity; at the time, there were no homes at a higher elevation.
When homes were built at higher grades in the following decades, the water company was granted a permit to supply Upper Montvale with water from Rockland County on the condition that Rockland have a water surplus.
United Water’s director of operations, Gary Harstead, has testified that Rockland County now has a water deficit and suspects that New York could revoke the utility’s permit, cutting off Upper Montvale ’s water supply.
There has been no formal threat of revoking the permit and cutting off water.
“This is smart planning,” said Gielchinsky. “We are sensitive to their [residents’] concerns. But their fears are, so far, based on a lack of information. You’d have to be right on top of this stuff [sodium hypochlorate] to be in any way harmed.”
Maggie Fazeli Fard's e-mail address is fazelifard@northjersey.com.
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