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KINNELON - Weber Tract clears council vote
(by Deborah Walsh - Staff Writer - July 23, 2008)
KINNELON - The Borough Council’s decision to apply for $1.4 million in county open space money to acquire the Weber Tract for preservation purposes was met by applause from the roughly 40 people attending the July 17 hearing.
After listening to residents, the vast majority of whom spoke out in favor of preserving the 169-acre tract, the Borough Council agreed to apply for $1.4 million from the Morris County Land Preservation Trust Fund. Councilmen Robert Collins, Daniel Colucci, Eric Nederfield and Evan Swalling voted in favor of moving ahead with the application. Councilman James Freda voted against moving forward and Councilman Stephen Cobell abstained, both expressing concerns that the application was premature and that they did not want to overpay for the land, which might be worth less than originally thought because it sits in a Highlands Preservation area.
At the hearing, Councilman Collins, who chairs the council’s open space committee, relayed some more positive news regarding funding for the purchase of the acreage. Collins said the borough has received a verbal commitment from the Morris County Park Commission, which has approved $500,000 to partner with the borough in acquiring 60 acres of the Weber Tract to expand Silas Condict Park. Also through the efforts of the Morris Land Conservancy, the borough has received word that the U.S. Forestry Service that the Forestry Legacy Program has approved the project for federal funding.
Additionally, Collins noted that the borough has secured two Planning Incentive Grants in recent years from the New Jersey Department of Environmental Protection’s Green Acres program in the amount of $600,000, which can be channeled toward the Weber Tract purchase. Collins said the borough could utilize $300,000 of the $675,000 it has collected with its open space tax and funds generated by a grass roots campaign to save the Weber tract spearheaded by Charles and Carol Vreeland of Valley Road.
"This is the second time that the borough has considered making an appeal to the county to preserve this exceptional environmental treasure. The borough’s Open Space Advisory Committee has identified this parcel as its number-one priority for preservation and has unanimously recommended that the mayor and council take those necessary steps to secure funding and acquire the property for the public good," said Collins.
Back in July of 2007, the council grappled with applying for county open space money for the Weber tract. The council was divided on the issue with some saying the application was premature. At a special July 24, 2007 council meeting, council members Collins, Colucci and Swalling voted to submit the application, while council members Nederfield, Cobell and Freda voted against it. Mayor Glenn Sisco broke the tie by voting to move forward with the application. The application did not gain county approval last fall.
Collins is optimistic that the county Land Preservation Trust Fund will look at the application in a new light now that the borough will have local, county park commission, state Green Acres and federal funds to chip in for the land purchase. It also has another important piece to the puzzle: a willing seller. Last year, those opposed to the application, said the borough had not ascertained whether the Rose Weber tract owners were willing to sell the property for land preservation.
“The borough’s open space tax was approved by our residents to provide monies that could be ultimately used to protect our water supply and preserve property that was environmentally sensitive,” said Collins.
“Furthermore, the Weber property owners are willing sellers that recognize that preserving the property is its best use given the constraints imposed by the Highlands Act for municipalities that are within the preservation area. Although contract negotiations have not been completed, we are confident that a contract is likely providing that adequate funding can be identified.”
Councilman Freda noted that the appraisal of the property will take place on Aug. 29. Freda said he has never seen any concrete figures on the property’s value, nor has he seen topographical information that bears out the claims that the entire parcel is not suited for development.
“My worry is not that it will be open space. My concern is the $3 million price tag,” said Freda.
Freda said he has been informed that Rose Weber is appealing her taxes because 75 to 80 percent of her land is now unusable because of the Highlands Act. If it is unusable, Freda questioned paying $3 million for the parcel. Freda suggested waiting a year.
Councilman Cobell agreed with Freda. Cobell noted that no developers are ready to bulldoze the property. Cobell questioned paying for a tract that is already preserved under the Highlands Act.
“It’s already preserved. Granted there is no public access to it, but do we want to spend $3 million so there is public access?” he asked. “My concern is not whether we should preserve it. It should be preserved, but at $3 million, is it really worthy that? I don’t want to rush and hurry up to buy it before the price goes down.”
Mayor Sisco said the $3 million is just a preliminary estimate that needed to be provided for the purposes of the application. It is not a firm figure and the figure could come in lower or higher.
Councilman Collins said appraisals of the property have been done before, including last year when the borough applied for county open space money for its purchase. Collins said the legislature, which approved the Highlands Act, is more than likely not the same legislature that will be seated 10 years from now. The Highlands legislation is subject to the whims of the ever-changing complexion of the legislature, he indicated.
Only one of the dozen or so members of the public speaking to the application, opposed applying for grant money at this time.
Former Councilman Daniel O’Dougherty of Round Hill Road spoke of open space preservation endeavors that took place while he was on the council.
“I don’t think that most residents are in favor of this purchase for $3 million,” said O’Dougherty. “I don’t want to overexpend tax dollars for property that is worth less because of the Highlands Act. Put this off a little. Maybe it’s automatically going to be preserved.”
O’Dougherty said a good plan was afoot for the property, which called for an age-restricted residential development that would disturb only 30 percent of the property. Still, others argued that even erecting one home and blasting in one driveway would change the character of the parcel forever.
Kiel Avenue resident Robert Wronsky’s parents live on Maple Lake Road on property that abuts the Weber tract. The Wronsky family is originally from Bergen County.
“Living next to the Weber tract is not what it’s cracked up to be. You can hear frogs all night long and ducks quacking all day long and then there’s the bear ripping apart your garbage. Coming from Bergen County, I’d rather deal with that than hear car doors slamming, and police and ambulances racing up the road,” said Wronsky.
Carol Sventy of Ridge Trail, who has served on the borough citizens’ open space committee and borough environmental commission, urged the council to keep intact its exemplary record of supporting open space endeavors.
Sventy said the important reasons for preserving the Weber Tract have been cited over and over again: preserving water quality and maintaining water aquifers, preserving wildlife habitat and protecting environmentally-sensitive lands with scenic vistas.
When the borough conducted an open space and recreation survey, Sventy said 89 percent of residents responding said preserving scenic vistas was a top priority and 87 percent cited maintaining water quality as the number one priority.
“For 25 years I’ve watched the borough work in concert with citizen groups to preserve land. Please don’t tarnish your record now,” she said.
Larry Gioielli of Valley Road cited the many environmentally sensitive characteristics of the land, which hosts vernal ponds, wetlands and steep slopes. Gioielli said though some may say that an aged restricted development is a good ratable, the Association of NJ Environmental Commissions, claims that acquiring property for open space is less costly to taxpayers in the long run.
Although Councilman Nederfield voted in favor of the application, he noted if the Weber tract is preserved, $100,000 in taxes will evaporate. Nederfield wanted residents to know that taxpayers will have to make up the slack.
Susan Ellis of Brook Valley Road said by doing some very rudimentary math, it can be determined that even if the borough spends $300,000 on the tract, it equates to $18,000 an acre, which sounds like a good investment considering lots in Kinnelon go for many times over that price.
Ross Kushner of the Pequannock River Coalition, who is a borough resident, said the pristine property was totally inappropriate for development because of the significant environmental constraints. The property drains into the Pequannock River, a trout production river, and the latest studies indicate that a stream on the tract is also a trout production stream.
“Not only is it environmentally sensitive land, it’s useful land. You can double the size of Silas Condict Park and its hiking trails. We want the public to enjoy it. It would be a nightmare if one long driveway with a trophy home goes in. It’s rare to have a 169-acre tract in this area. You have the opportunity; seize it,” said Kushner.
The application also received endorsements from the borough’s environmental commission and Kinnelon Conserves.
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