Variances? Contaminated soil? Wyckoff Planning Board Approves Russell Farms Subdivision
Ignoring testimony that fewer homes would result in fewer variances, the Wyckoff Planning Board pushed Wyckoff one step closer to 100% build out on February 13, 2008 by approving a six-house subdivision for the Russell Farms tract. In a 4-2 vote, the Board once again granted steep slope and lot depth variances to allow six large new homes to be built on a cul-de-sac entering the property from Russell Avenue.
As was the case in the Deep Voll Ravine application, the Board also granted Barrister Home Construction, Inc., the developer of both properties, waivers on presenting details on the final size and appearance of the homes. Although some members of the board voiced concern that Barrister did not meet the criteria for granting variance relief and suggested that a plan with fewer homes be presented, Barrister asked that the board take a vote to approve the application at its February 13th meeting. To some spectators it appeared the board would vote “no.” Planning Board Chairman Gordon Stanley then called a recess.
After ten minutes the Board returned from a door to a hallway behind the meeting room and in what appeared to be a change of opinion, quickly approved the six-home subdivision. The majority of the board said that after reflecting upon the testimony, it agreed with Barrister that one extra house would look better than having one lot larger than the other four in the development. (Ironically the approved six-lot subdivision was termed the “Green Plan” by Barrister’s attorney.) Barrister’s planner also actually argued (with complete seriousness) that if the variance for six houses was denied by the Board, it would artificially inflate housing prices in Wyckoff.
Possibly the most troubling aspect of the project is that soil at the site is contaminated with pesticides known to cause health problems including arsenic, lead, and dieldrin. Barrister proposed the toxic soil be dug up and spread over the entire site. The Planning Board appeared to glance over the contamination issue, and the Board’s engineer said "the solution to pollution is dilution," basically giving his approval to the Barrister plan without knowing the full extent of the contamination. Apparently armed with information still not yet available to the public, the developer did not discuss the contamination before the public was allowed to ask questions In fact during the hearing, there was no mention of contamination by the Board or the developer until immediately after the Board opened and closed the hearing to questions and comments from the public. According to the developer, final testing to determine the extent of the contamination has not yet been completed. Although months have passed since the contamination issue was first raised, the Board still did not ask about what specific contaminants were found or the possible risks to public health during or after construction last night. More time was spent making sure the developer agreed to widen Russell Avenue and dredge Lemmerman’s Pond as a condition of approval.