Water Tank Will 'Ruin' My Property's Beauty, Resident Says

The Kinnelon Zoning Board of Adjustment heard more testimony Tuesday regarding the Fayson Lakes Water Co.'s (FLWC) application for a height variance for a proposed new water tank on Galloway Terrace.

The issue has been ongoing since July 2011, when to replace the existing 100,000-gallon water tank on Galloway.

The proposed tank would be 79 feet tall, holding 250,000 gallons of water. FLWC needs to have a variance approved by the Kinnelon Board of Adjustment in order to build such a large tank, as the town ordinance limits the height to nothing larger than 35 feet in a residential zone.

At Tuesday's board meeting, David Egarian, a private consultant and engineer hired by the Stonybrook Highlands Association, gave testimony to the board members. He outlined portions of a report he prepared, evaluating the October 2011 report of the Pittsburg Tank & Tower Co., Inc, on the condition of the existing Galloway tank. Egarian was joined by Michael Kates, an attorney from Kates, Nussman, Rapone, Ellis and Farhil, LLP, representing the Stonybrook Highlands Association, which opposes the tank relocation because of the proposed tank's proximity to the Stonybrook Pool, off of Highlands Drive.

The Stonybrook Highlands Association and nearby residents are concerned that FLWC building plans will negatively impact the natural environment and their usage of the recreational facilities.

"Our recreation area should not be jeopardized," John Keyser, who has been a resident of Kinnelon since 1986, said. Keyser said that FLWC's building plans will be "detrimental to the future enjoyment of the site" and will "ruin the natural aesthetic beauty of our private property."

Egarian argued that FLWC does not need to build a new tank at a new location, but should instead fix the existing tank so that it can be used for a longer period of time.

"The existing tank is certainly in a condition to be put back in use," Egarian said.

Kates told board members his client's position that the New Jersey Department of Environmental Protection (DEP) was not provided all the information on the options available for the FLWC.

"We're claiming that [the project] was not packaged to give the DEP the option to permit the rehab of the tank," he said. "They're coming into DEP and saying, 'This tank must be taken down.' That's the only option DEP was given."

When board members asked Egarian if he had any meetings with the DEP to see if his proposal of rehabilitating the Galloway tank would comply with current DEP regulations, Egarian acknowledged he had not. The regulations would include upgrading the existing booster station to provide fire service and auxiliary power.

FLWC engineer Jeffrey Careaga insisted to the board members that the only option moving forward is to replace the existing water tank.

"The foundation of the tank is no good. You don't spend hundreds of thousands of dollars to rehabilitate a tank with a cracked foundation," Careaga said.

Egarian could not respond to questions at the meeting regarding the structural foundation of the existing water tank, as he had not done a structural inspection of the site.

More than 20 residents were in attendance at Tuesday's meeting, which got heated at times during its three-hour-long duration. Board members had to ask the public a few times to stop calling out. While many residents stayed until the end of the meeting, there was only enough time for one resident, Keyser, to be heard in the time left for public discussion.

No decision on FLWC's application has been made. The discussion has been carried over until next month's meeting, scheduled for Sept. 4.