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Planners give abbey thumbs up for sewer plant link
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| By JAMES LENT, Editor |
June 06, 2002 |
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MORRIS TWP. - Over the objections of a cadre of protesters, the Planning Board on Monday unanimously approved an amendment to the master plan that would allow a sewer line to hook into a proposed continuing care retirement community (CCRC) proposed by St. Mary's Abbey at Delbarton. |
The measure, upon final approval by the Township Committee, would allow a sewer line to run from the Butterworth sewage treatment plant to the planned 200-unit CCRC on 41 acres off Old Mendham Road.
As they had at the previous master plan hearing, about a dozen protesters brought signs decrying the plan. One sign read, "Taxation without representation is tyranny," another, "Honor truth, justice."
However, unlike the last meeting, no one was arrested. At the May 6 meeting, Planning Board Chairman Joseph Weber ordered CCRC opponent Stanton Peele removed from the hearing room after he continued to berate the board for ordering a protester to lower a sign. Peele was arrested and faces a June 18 municipal court date on disorderly conduct charges.
Neither Peele nor his wife, Mary Arnold, was in attendance at the Monday meeting. That is not to say his presence was not felt, Haley Peele, the couple's daughter, appeared and read from a letter her father had written to the board that day chastising it for holding the vote on the master plan.
Peele noted a 1994 ruling by Superior Court Judge Reginald Stanton indicating that matters affecting Morris Township taxpayers must be dealt with in a public manner and claimed by holding the vote at this time the board was violating Stanton's order.
Judge Stanton's order reads in part, "The Planning Board of the Township of Morris...shall not adopt the master plan for a period of 10 days from the date upon which copies...(of the input of materials) have been made available for review and purchase and prior to adoption shall permit a continuation of the public hearing to be held."
Haley Peele read from her father's letter, "The Planning Board may not close its public hearing, or take a vote, unless it has made available to the public all information and documentation concerning the changes being considered in the master plan. These would include any reports from Killam or Schoor DePalma (the township engineers)."
Noting his wife had requested information regarding the plan but had not received it, Peele wrote, "It is impossible for me to participate in an informed way at the June 3 meeting without such information...Surely you would agree that it is insupportable for citizens to have to return to Judge Stanton's Court when the township's master plan is revised in order to guarantee the same rights of due process and openness of public proceedings he has already ruled on...Please consider how you would explain in court why you, noticed of Judge Stanton's previous decision, chose to defy it."
Weber disagreed with the letter. "I'm advised there is no 10-day obligation on this," he said, concurring with board Attorney Brian Burns who said Judge Stanton's ruling was "really not the same case."
The case Peele was referring to concerned James and Denise Sipple who had sued the township in 1994 for its procedures during Planning Board discussion of the master plan.
Discussion on the master plan revision itself was brief. Engineer James Slate reiterated the Butterworth plant has capacity to handle the abbey's proposal. Prior to the vote Weber and Mayor Jan Wotowicz said the matter should be discussed further.
Despite the Planning Board vote, any change to the master plan would come only upon approval of the Township Committee.
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©The Morris NewsBee 2002
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