Nishuane Park was given to Montclair more than a 70 years ago as public land, but there are no restriction’s preventing the township from building a proposed water treatment facility on that land, officials said.
Township attorney Ira Karasick said on Tuesday there is no language in the parkland’s deed which explicitly restricts the construction of a water treatment facility in Nishuane Park near the intersection of Orange Road and High Street.
“That deed has no language in it -- that I can see -- restricting the use of that property,” said Karasick.
Nishuane Park and Cary’s Woods are divided into six lots and governed by different deeds. While parts of Cary’s Woods, given to the township in 1935, has a condition of being used as a “public park” in its deed, the site of the proposed water well, given to the township in 1940, has no such language, said Karasick.
The township's proposal is to build a $2.6 million public water facility in a viable well in the park. The facility would be a 38- by 41-foot building with 10-foot wide access road leading onto High Street which will take up less than half an acre of the park.
The land, however, is state protected and the township is seeking approval from the state’s Green Acres Program to build on the site.
Township to Address Residents’ Concerns
Township Manager Marc Dashield said the township will soon receive the transcripts of residents’ questions and concerns from the Green Acres hearing on Jan. 16 and the meeting on the facility’s environmental impact on Jan. 17.
Once Montclair receives the transcripts, it will compile responses and answers to residents’ comments which will be posted on the township website and presented to the council during an upcoming meeting.
“We think that was important feedback to get of what people’s concerns were,” said Dashield regarding the two meetings in January. “We will address those concerns ... and the council needs that information in order to make an effective decision.”
The following links will bring you to the Montclair Patch's coverage of the previous meetings.
Township Wants To Place New Water Well on Protected Parkland
Nishuane Well Project Gets Backlash from Vocal Residents
Residents Reject Water Well Proposed for Nishuane Park
Township Releases Docs About Nishuane Park Well Proposal