700 Mountain Way Give Away; Steep Sloped, Wetlands Forest. Parsippany shows again its low environmental esteem

THE FALL OF 700 MOUNTAIN WAY. A QUID PRO QUO?

Recently Forge Pond and its upland transition zones were finally incorporated into the Township Open Space Zoning. 107.9 acres of the 124 acres of the pond’s landscape is wetlands and vernal pools protected by State Wetlands Protections, a similar situation existing at Troy Meadows. Because of a difficult property owner Forge Pond landscape became a mechanism for unnecessary litigation costs to taxpayers. This situation has now in its final stage under the guise of a lawsuit has produced the loss of another environmentally sensitive landscape 700 Mountain Way under the pretext it will help Parsippany met its COAH housing obligation; despite a COAH policy that would protect it, as it now exits. The Steep Slope Ordinance 15% and above, and wetlands, make it an unsuitable landscape for the type of development proposed. Towns can keep unwanted Builder's Remedy developments from those areas only by proactively finding and designating other appropriate areas for affordable housing. Instead this administration without consideration of its citizens or its own master plan, is allowing the developer to obtain a variance to overcome his hardship created by the character of the land he wishes to alter in his best interest rather than the people and natural resources of Parsippany.

The most pressing and wanting question must be asked if Parsippany feared and expected “builders remedy lawsuits” why didn’t the Township ask for a “Declaratory Judgment”? The Town Attorney previously stated that Parsippany was in good standing with the housing issue. Then we were told our number would be high. A Civil Action seeking declaratory judgment would have assessed the situation and come up with exact numbers based on actual need both regional and local obligations. Instead we are allowing the housing issue to be determined by property rights that ignore environmental factors, which is not the intention of COAH.

We have entered not a planned out obligation determined by good land use but a speculation scheme based on build and the will come. What is Parsippanys interpretation of low or moderate-income housing and it’s best placing to avoid traffic, additional infrastructure and not injuring environmentally sensitive areas especially ground water recharge areas to ensure future water resource. Parsippany does not protect these areas, but rather ignores them to the detriment of the future.

So we gain Forge Pond and loss 700 Mountain Way even though for a decade now our Town has being trying to do the opposite. Under Regional Conformance that Parsippany could participate none of this would occur, nor could it under COAH policies properly implemented. This Rezone of Mountain Way shows again Parsippany’s citizens and Master Plan are obstacles to overcome for developers rather than entrusted to defend in our best interest.

In the past when regional planning conformance was undertaken but stood idle in conformance consistency applications and upgrading of our master plan to better protect our natural resources and maintain best practices in development landuse (Parsippany we must remember is within the Planning Zone of the Highlands). Councilman dePierro spoke against the conformance stating it would take away the local decision powers and given them to a regional authority as if this was a bad application ending home rule. This assumption was not based on facts. In reality our Master Plan would become stronger, and during its upgrade citizens participation and transparency would be forthcoming, to a much greater degree than none exits, behind closed-door special meetings in the name of secrecy because of litigation stemming from developers lawsuits.

One most obvious element overlooked was that under Conformance, redevelopment not new land development would apply in protecting the town’s environmentally sensitive areas in the application of transfer of development rights which would maintain those important landscapes or minimize over sized proposals for them. Legal protections from developer’s lawsuits would also save taxpayers.

The Main themes of the Regional Plan Conformance are water resource protection and best practices required by developers, and somehow keeping things aesthetically pleasing. Small property matters are not interfered with at all.

What is good for the region is good for Parsippany, dePiero and others fail to see this. Parsippany is not in keeping with a basic principal of building on advances already made but would have Parsippany favor ‘private interest” over its own citizens land resources exchanged for dubious tax retables; which for example the UPS office complex was a tax break incentive in exchange for short-term jobs, Parsippany getting $280,000 dollars over a 30 year period if the facility lasts that long; hardly a tax ratable.

Recently at a Council Meeting the administration expressed their pleasure in working with Moss Berg a player who has used his money and power; formally indicted for bribery. In the recent forge Pond fiasco. It must be asked why was not the same pleasure felt when Parsippany’s Citizens in a grassroots movement defended their Master Plan and immediate neighborhood from unwarranted permanent change to satisfy a developers wish and hardship against the people of Parsippany. Waterview should not be forgotten. Although stated it would unique unto itself it is repeating itself again at 700 Mountain Way.

No engineering methods can replace nature and once land is lost it is gone forever; for example a 1% increase in organic matter in one acre of soil equals 20,000 gallons of water retention, and increased recharge potential. 700 Mountain way is forest, shows evidence of vernal pools, has wetlands and evidence of stream beds showing the water table not far under the ground. Many other suitable places could be found for these housing units, Parsippany chooses not to. To them the individual corporate developer shall be given higher priority than the community and its future. Our needs and obligations under our master plan are subordinated to the developers wants.

We have the example of Waterview where a rezone took place under threat or pretext of a public housing fear. Now we have another rezone, 700 Mountain Way to allow the housing; both give variance to the steep slope protection ordinance. Where the steep slopes would have prevented both; COAH affordable housing environmental policies put steep slopes off limits; it would take an extreme case of housing needs to allow this. Parsippany was alleged to be in good standing. We have a contradiction that stands evident of who really calls the shots in Parsippany.