Neighbors fighting quarry plans

Trap Rock aims to expand operation to residentially zoned property

Sunday, July 11, 2004

BY CATHERINE JUN

Star-Ledger Staff

Since Doreen Masset moved into her house on Seabrook Road inDelaware Township three years ago, she has grown accustomed tothe chain-link fence across the street.

But farther up the road the fence changes character as it approachesand eventually confines a blast site. There the structure, owned byTrap Rock Industries, which mines volcanic rock on a 244-acre lot, islaced with signs that read: "Danger/Restricted Area: Blasting andMining in Process."

Similar signs could soon be affixed to the portion of the fence nearMasset's house.

Trap Rock Industries submitted an application in May to the Board ofAdjustment claiming its right to mine Lot 4, an 18-acre parcel landnear Masset's home that is zoned residential. Company officials saidthey intended to mine the lot since purchasing it in 1969, and havehad lawful use of the road that crosses its corner before the townshipadopted the first zoning ordinance in 1962.

But residents have balked at the quarry's plans, decrying the potentialloss of a buffer from disruptive blasts and the illegal use of the resi-dentially zoned vacant lot for quarry business for countless years.

"If they have the right to quarry 60 feet from my property, I won't havea foundation, a well. My windows can't withstand that kind of vibra-tion," said Masset.

Over eight nights of hearings since May, the board heard testimonypresented by both sides that included more than 100 exhibits andnumerous witnesses to consider Trap Rock's pre-existing nonconform-

ing land use application. The board will deliberate and review the evi-dence and vote on the application at its July 22 meeting, said ChuckCline, board chairman.

Kingston-based Trap Rock Industries operates three other quarries inthe state and is one of the largest producers of crushed stone andasphalt in the Northeast.

PROPERTY VALUES

Residents fear if Trap Rock gets its way, the blasting and dust willdepress their property values and stifle their quality of life.

"They're going to have blasting within feet of their property line," saidKathleen Katz of Seabrook Road about her neighbors' homes. Katzlives a quarter-mile down the street from the quarry and became waryof the operation when she found cracks in her basement walls threeyears ago.

Concerned Neighbors of Trap Rock was formed in 1998 by neighborswho found similar structural damage to their homes. The memberssuspected the intense blasting at the quarry as the source, and thegroup has grown to include more than 30 families.

ROAD PERMIT

The latest clash began when the township discovered in December2002 the quarry was using the 280-foot portion of road crossing Lot 4for quarry operations though it was zoned residential, said Katz. In asite inspection in February, township engineer Dennis O'Neal discov-ered a building used to store explosives on the lot, she said.

The township attorney, Kristina Hadinger, eventually informed TrapRock it needed to apply to the Board of Adjustment to continue usingthe road and renew its annual permit, said Katz. Trap Rock has beenoperating on a temporary extension granted by the township sinceearly this year.

While the fight began over a road, it has since grown into an all-or-nothing battle over blasting rights, said Peter Knipe, the attorney rep-resenting his mother's 90-acre estate just south of Lot 4.

"Even if Trap Rock was entitled to use the road, it's not entitled tomine," Knipe said.

Vincent Gentile, legal representative for Trap Rock, said the road isintegral to quarry operations and it was always Trap Rock's intent tomine the lot.

"The road is part of the quarry, and Trap Rock can do the full extent ofquarrying (on the lot) as well," he said.

Gentile added that the town's 1962 zoning map, which was drawn byhand, included the road within the industrial special use district alongwith portions of the current mining site.

PREVIOUS AGREEMENT

At a May 19 hearing, Trap Rock Industries' vice president StephenOsborne testified that there was an arrangement prior to 1962between the owner of Lot 4 and Lambertville Quarry Co., the companythat mined there before Trap Rock, to use the road. The arrangementwas continued between William Stavola, Trap Rock owner, he said.However, no documents detailing the arrangement were found, saidGentile.

Clifford Gibbons, attorney representing the objecting residents, saidlack of proof amounted to illegal trespass on private property and onlylegal use can be granted pre-existing non-conforming use. "If use isillegal since inception, you can't legalize it," he said.

Trap Rock is being deceptive in its attempt to expand quarry land,Gibbons added.

Vincent disagreed, saying Trap Rock included the Lot 4 deed with its1979 quarry application, and a license has been approved every yearsince.

"There's no secret about this, the township knew it," he said.

Regardless, the quarry's neighbors are facing an unfair deal on theirproperties, said Gibbons. "They poured their money into it, thinking

they had a buffer to this obnoxious quarry," he said.

The attorneys of both sides are in discussions to attempt reaching asettlement, said Gibbons and Gentile.

If none is reached, then the board will approve or deny the application.

If the application is denied, Trap Rock would lose the potential toextract millions of tons of rock lying under Lot 4, said Gentile.

Even if it is approved, generally, pre-existing use certificates do notallow applicants to expand activity on the lot beyond what has beengoing on there. But quarries have an exception, explained board chair-man Cline. However, he doubted the board would venture to rule dig-ging and mining are included in that exception.

Residents fear if the board limits the certificate to the use of the road,the company will continue fighting to mine not only on Lot 4, but alsoLot 14, a 14-acre strip of property north of the quarry that is also resi-dentially zoned and has been mentioned numerous times in TrapRock's testimony.

Gentile confirmed that Trap Rock had full intent to quarry both lots,and the company has already started stripping soil on Lot 4 in prepa-ration for digging.

Nick Walker's home is located on a 5.5-acre strip on Brookville HollowRoad, sharing a 700-foot property line with Lot 14. He fears mining onthe lot will drain his well.

"We don't have any desire to close the quarry down," he said. "We justdon't want them to change the rules of the game in the middle."

Catherine Jun works in the Hunterdon County bureau. She can bereached at cjun@starledger.com or at (908) 782-8326.

Copyright 2004 NJ.com. All Rights Reserved.

Board: Owner can't mine lot near homesFriday, July 23, 2004BY CATHERINE JUNStar-Ledger Staff

The Delaware Township Board of Adjustment voted unanimously lastnight to deny a local quarry's application to mine a residentially zonedlot near private homes.

The board, however, did grant Trap Rock Industries, the quarry owner,use of the road crossing the lot but limited its use to conditions thatexisted in 1962.

About 35 residents applauded when the board announced its decisionon the company's application to continue using the 18-acre parcelsouth of the 244-acre quarried site.

In weighing the application for a pre-existing, non-conforming use, theboard reviewed hours of testimony and more than 100 exhibits provid-ed by the company and neighborhood opponents to determine whatwas the legal use of the lot prior to August 1962, when the townshipadopted its first zoning ordinance.

In December 2002, the township discovered that the quarry was usinga 280-foot portion of a road crossing the lot for quarry operations,though the lot is zoned residential.

The Kingston-based Trap Rock Industries operates four quarries in thestate and is one of the largest producers of crushed stone and asphaltin the Northeast.

Several residents considered the board's decision a victory.

"I think it's wonderful," said Sam McIntire, whose home is next to thequarry. "The board made a decision on the facts."

"This is a good example how public pressure and citizens' groupsmake a difference on public policy," said Kristin McCarthy, who owns17 acres north of the quarry.

The board's decision came a week after the attorney for Trap RockIndustries, Vincent Gentile, and the attorney representing severalopposing residents, Clifford Gibbons, failed to reach a settlement.

During testimony, company officials stated an intent to mine the lot,which was purchased in 1969. Residents called it an illegal expansionof the quarry.

Last week, Gibbons said he made "an extremely fair offer" to the com-pany that included use of the road, but denied rights to mine the lot.

Gentile declined to give a reason why he rejected the offer, butdescribed it as "unsatisfactory." The company also withdrew a previ-ous agreement with the neighbors to offer a tour of the quarry.

Amid the celebration last night outside the municipal building, resi-dents acknowledged that the board's decision may not deter TrapRock from continuing to fight to mine the lot, as the company alreadyhas begun stripping soil to prepare for quarrying.

But for now, many residents said the fight was worth it.

"It's nice to see the underdog win," said Kathleen Katz, whose home isa quarter-mile from the quarry.

Catherine Jun works in the Hunterdon County bureau. She can bereached at cjun@starledger or at (908) 782-8326.