BERNARDSVILLE - Two New Jersey American Water Company proposals - one for a replacement water tower, and one for a new booster station - face opposition in separate reviews before the Board of Adjustment.
The water tower would be built off the west side of Mendham Road between Crownview Lane and Chapel Lane on the Bernardsville Mountain.
The booster station would be built at the intersection of Oak Ridge Road and Locust Drive in a neighborhood south of the Bernardsville Polo Grounds.
The plans for the water tower and the booster station were filed last March and April, respectively.
New Jersey American maintains that both projects are needed because the Morris County Municipal Utilities Authority (MCMUA) has terminated a deal that provides it with one million gallons of water per day for sections of Bernardsville, Mendham Township and Mendham Borough.
With the termination to take effect Jan. 1, 2022, New Jersey American "must modify the way in which we provide water" to the affected customers, the utility company said in a letter to the borough dated Oct. 30, 2020.
It said that without a larger storage tank and more pumping ability, the serviced area would experience "potential deficits to fire flow storage volume and lower than normal system pressures."
The existing, so-called Fenwick Water Storage Tank is 21 feet high, with a 56-foot-high antenna, on a half-acre, landlocked water company-owned tract with access through a privately owned residence at 440 Mendham Road.
The proposal would replace it with a 74-foot-high tank that would have an eight-foot-high railing and a nine-foot-high antenna, for a total height of 83 feet.
With the site located in the R-1-1 10-acre residential zone, the proposal needs a variance from the zone's 35-foot height limit, as well as several variances for deficient setbacks.
An initial hearing was held before the zoning board on Nov. 16. New Jersey American's legal counsel later asked that the next hearing be delayed at least two months "to allow the applicant to prepare a response to some of the issues raised during the November hearing."
At the board's meeting on Monday, Jan. 18, which was held virtually, Board Chairman David Greenebaum said he thought it would be a good idea to hire an outside engineering firm with expertise in water systems.
"It seems like a really big tank," he said of the proposal. "It's very impactful to the neighbors."
Greenebaum said the board's engineering consultant was therefore asked to solicit offers, and one was received from Natural Systems Utilities.
Board Engineer Robert Brightly said several engineering firms with water system expertise were contacted but most have done work for New Jersey American. He said he was not familiar with Natural Systems Utilities.
Board member Thomas Carton suggested contacting towns for whom the firm has worked. Brightly said he could do that.
Board Attorney Louis Rago noted that he has been contacted by two law firms that "have been retained by neighbors with regard to that water tower case."
Greenebaum cited that as a reason for the board to have its own expert.
"I agree," said Carton. "It's a great idea."
The board tentatively scheduled the next hearing for 7:30 p.m. Monday, March 1.
Concerns about the proposed water tank were also raised by the Historic Preservation Advisory Committee in a Nov. 30 letter signed by Chairman Dan Lincoln.
The lot was originally part of several Stevens Estate properties, including one once owned by the late U.S. Rep. Millicent Fenwick (1910-1992), and "are some of the most significant historic properties in Bernardsville," Lincoln wrote.
He suggested that the applicant have the New Jersey Historic Preservation Office (NJHPO) review the proposal for its effect on nearby historic properties. "This water tower will be very visible from the road and will loom over the existing caretaker's cottage and gateway entrance."
He said the applicant should modify the height and shape "of this enormous tower." He said it needs to be aware that the water tank will be "VERY visible and possibly a constant annoyance, not only to the neighbors, but also every person who drives by."
Booster Station
Also discussed by the zoning board was New Jersey American's proposal for a booster pump station at Oak Ridge Road and Locust Drive.
A 20,299-square-foot corner lot, owned by the water company since 1903, currently has an underground pump.
The proposal would replace the pump with an above-ground booster station. It calls for a one-story, 1,038-square-foot building with a height of 15.5 feet. There would also be an asphalt access driveway, a motor vault and transformer pad.
The proposal requires a conditional use variance because the lot is in the R-2 residential zone, which requires a minimum lot size of 50,000 square feet. Also required are several dimensional variances.
An initial hearing was held on Dec. 7. Another hearing was scheduled for Monday, Jan. 18.
At the latest hearing, Niall J. O'Brien, a Haddonfield attorney for the applicant, told the board that a revised design was submitted for review by Robert Simon, a Warren Township attorney representing the neighbors.
The parties have "made good progress" but are not yet in total agreement, so the water company intended to present more testimony on the original plan, he said.
Simon agreed that there were hopes of "narrowing if not resolving a number of issues." He said he would withhold a cross-examination of the applicant's expert witnesses unless an agreement falls through.
The board went on to hear testimony from the applicant's professional planner and landscape architect.
Board member Paul Sedlack asked if there were opportunities to shrink the size of the proposed building. He said an electrical room seemed large, and he questioned the need for a bathroom.
Brightly noted that no more than 50 percent of the site's tree canopy could be removed. He sought more details on tree removal.
The hearing was ultimately carried to the board's next meeting, scheduled for 7:30 p.m. Monday, Feb. 1.
January 22, 2021 at 10:00PM
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Water tank, booster station plans challenged in Bernardsville - New Jersey Hills
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