Get updates delivered to you daily. Free and customizable.
TAPinto.net
Controversy Continues as Diamond Chip Hearing is Set to Restart at Sparta Planning Board
By Jennifer Dericks,
22 days ago
Sparta Redi Mix - site of proposed Diamond Chip Realty's project Credits: Jennifer Dericks
SPARTA, NJ – On Wednesday, the newly created Sparta Planning Board will once again take up the Diamond Chip Realty application for a “multi-modal” facility proposed for Demarest Drive.
What is not new is the controversy. This new round of hearings is already troubled before it starts with objector attorney Robert Simon issuing a letter challenging the DCR’s legal notice.
“One of the fundamental requirements of the MLUL [Municipal Land Use Law] is that the public must be fairly apprised of the Application and any related hearings to consider it,” Simon’s letter said. “This public notice requirement ensures that members of the general public who may be affected by the nature and character of the proposed development are fairly apprised thereof so that they may make an informed determination as to whether they should participate in the hearing, or at the least, look more closely at the plans and other documents on file.”
In Perlmart of Lacey, Inc. v. Lacey Twp. Planning Bd., “notice should fairly be given the meaning it would reflect upon the mind of the ordinary layman… the critical determination is whether the notice provides a reasonably adequate description of the land subject to the application, such that concerned neighbors or members of the general public who may be affected by the proposed development may properly protest the proposed use or structure.”
The agenda for the May 1 meeting posted on the township website includes the DCR hearing.
In a different court ruling DCR won their argument to have eight members of the planning board disqualified for their membership in the Sparta Responsible Development Facebook group. That ruling also set a start date of May 1 for the hearings to resume at the planning board.
The legal notice requirement falls on DCR, however. Any defect in the notice would be their responsibility, could be corrected by re-noticing and grounds for an appeal if it is not corrected, according to Simon.
As of Friday Sparta Township Planning Board Attorney Tom Collins had not responded to Simon’s letter he said.
DCR, through their attorney Steven Gouin said in a letter to Collins dated April 29, “In terms of the substance of [Simon’s] letter, the applicant disagrees that its notice was deficient and intends to proceed on May 1.”
DCR Continues to Object - Wants to Name their Own Planning Board Members and Leadership
In his letter Gouin also tells Collins who they expect to see as the chair and vice chair presiding over their hearings: “Given Mr. Sylvester's years of experience on both the Planning Board and Zoning Board, we would suggest he be designated as the Chairman, with Mr. Reigstad serving as the Vice Chairman.”
Gouin acknowledges Sylvester’s role on the zoning board. Sylvester was part of the zoning board that previously rejected Dash’s request for a use hearing on DCR’s application.
Gouin also calls for the newly appointed planning board members to be removed, saying they are compromised.
According to Sparta Mayor Neill Clark the two newly appointed planning board members Joan Furman and Brian Zimmerman have had no involvement with Sparta Responsible Development.
In his efforts to seat a favorable planning board, Gouin makes his further recommendations as to who should be selected to hear the DCR application. DCR would like zoning board members Michael Joszefczyk and Michael Leondi to take the seats instead, rounding out his requests for hand selecting planning board members.
Joszefczyk and Leondi are currently named as alternates to the planning board for the DCR hearings.
Joszefczyk and Leondi also were part of the zoning board that rejected Dash’s request for a use hearing.
In his letter to Collins, Gouin makes the accusation that the planning board members Ryan Caruso and Nicholas Pompellio’s resignation are “highly suspicious” and “a back-door effort to avoid the temporary seating on the planning board of senior members of the Sparta Township Zoning Board.” He incorrectly asserts they both resigned after Judge Stuart Minkowitz’s ruling. Caruso resigned prior to that.
There are no rules against a volunteer member of any municipal board resigning.
Not finished with his presumptive accusations, Gouin opines there is a problem with attorney Simon representing Dash. Gouin calls Dash’s assertion that he had previously represented himself “specious” because Dash is also the president of Sparta Responsible Development.
Dash said this point does not have any weight in the matter. Any person who has represented themselves “pro se” can at any time obtain counsel.
"This is a thinly veiled attempt to stifle public comment," Dash said. "By asserting Rob Simmon represents Sparta Responsible Development in total, any person who might be related to the Sparta Responsible Development Facebook group or initiative would not be able to speak at the hearing, if Gauin is allowed to assert this baseless claim. The developer does not get to dictate who the objector's attorney is allowed to represent."
More questions for DCR
Simon said there are several other procedural questions that need to be answered before testimony can begin. Because of a scheduling conflict, Simon may not be able to attend the May 1 hearing.
“At a minimum, separate from the merits of the application, planning board’s attorney should have extended professional courtesy to Mr. Simon, who also requested a postponement of the May 1 hearing due to a long-standing scheduling conflict he has in another matter. The observance of professional courtesy among lawyers in state and Federal Courts across the country, in the context of scheduling issues, is not only commonplace, but expected by the courts and the Bar,” Dash said.
“The community needs to be heard and it has been clear from the start that we need to be heard through an independent land use attorney and independent experts that can answer our concerns and lay them out for the planning board representatives who will hear the largest land use application in the history of our community,” Sparta Responsible Development Vice President Barbara Gomes said.
In his letter, Gouin said he wanted to “address all matters raised prior to the commencement of the continued hearing of the application.” The hearing is due to begin on Wednesday.
Collins did not respond to a request for a comment as of publication.
Get updates delivered to you daily. Free and customizable.
Welcome to NewsBreak, an open platform where diverse perspectives converge. Most of our content comes from established publications and journalists, as well as from our extensive network of tens of thousands of creators who contribute to our platform. We empower individuals to share insightful viewpoints through short posts and comments. It’s essential to note our commitment to transparency: our Terms of Use acknowledge that our services may not always be error-free, and our Community Standards emphasize our discretion in enforcing policies. We strive to foster a dynamic environment for free expression and robust discourse through safety guardrails of human and AI moderation. Join us in shaping the news narrative together.
Most Popular
Comments / 0