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Nishuane Park Deed Does Not Preclude Water Well

Montclair will soon receive and address residents' questions/concerns and present them during a council meeting and post them online.

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

jim January 30, 2013 at 08:05 PM
Dashield will listen to anyone, but will forget your concerns the minute you leave the room.
Stuart Weissman January 31, 2013 at 02:32 PM
The well is needed to support the develop your way out of debt strategy employed by this slate. It will be built. It's what you voted for.
Townie January 31, 2013 at 02:53 PM
@D-Zone can you really be serious? You "float around the web" to develop a general sense of the priorities of the Carey Family to counter a legal opinion about a specific document? The law doesn't work like that. If you want to make a counter-argument to Ira Karasick's opinion, you must get the specific document and offer a legal analysis.
I'd-Rather-Be-at-63 January 31, 2013 at 04:01 PM
The well proposal at Nishuane Park is shameful. It is yet again another insult to Montclair's poorer neighborhoods and people of color. Ira Karasick is back to his creative lawyering: “That deed has no language in it -- that I can see -- restricting the use of that property.” So post the deed publicly, since it is a public concern, so those of us who can see, do see. There are already existing wells in Montclair that are under-utilized. Why a new well? Who on the Town Council stands to benefit from investments in development? But behind all of this is the very wrong-headed approach to paying off the town's exorbitant debt: growing the town by a third so that others pay for the debt that the residents have irresponsibly accumulated. What the Town Council is saying is let's put up high rise buildings in Montclair, destroy our parks and woodlands, so that others will want to move here and pay our ridiculously high (and always rising) taxes to keep the bonds floating. Allow this well to go through, allow this Town Council to turn Montclair into a place to be exploited by developers, and in 10 years time we can annex Montclair to Newark's North Ward.
Townie February 01, 2013 at 01:49 PM
@D-Zone asks "How does the law work? Does the law support the beliefs of residents/taxpayers?" These are philosophical questions. Your comment further above was not philosophical, you wrote that you doubted Ira Karasick's "legal observation". I assume you mean "legal opinion". A deed is a legal document that states some contractual relationship or grants some rights to the use of a property. There is latitude in what goes into a deed so one needs to read it to have an opinion. You mentioned the deed was removed from the township's website. Maybe this is it? I found this on an earlier Patch post. http://www.montclairnjusa.org/dmdocuments/Nishuane-Accurate-Abstracts.pdf It is handwritten and is quite a project to read and interpret. Not of interest to me. My point was that Ira read it and offered his opinion based on his understanding of these matters. If you want to argue against his opinion, fine, but you can't simply make a philosophical argument. The law is narrow. Unless you are an attorney, I'd look for one to read it and ask whether a counter-argument holds water.

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