Bias claims, Revolutionary War history, protected birds: Public gets say on warehouse plan

UPPER FREEHOLD - The public is likely to get their say Tuesday in a proposal to build two warehouses less than 100 feet from residential backyards, in a debate that has seen accusations of improper favoritism and claims of danger to protected species and historic land from the Battle of Monmouth campaign.

The Borough of Allentown is fighting its neighbor Upper Freehold to prevent construction of the two warehouses totaling 453,720 square feet. The 0.6-square-mile historic village hired its own set of experts to argue against the warehouse’s development before the Upper Freehold Planning Board. Public comments could begin Tuesday at Allentown High School at 6 p.m.

Wall-based developer Active Acquisitions has built other industrial buildings ranging between 100,000 square feet to one million square feet in Howell, Millstone and Jackson, among other municipalities in New Jersey.

The Borough of Allentown has argued that the state’s development and redevelopment plan considers the section of land next to Probasco Drive, also known as the Stein property, a historic and cultural site.

It has also argued that three members of the Upper Freehold Planning Board have previously heard discussions or engaged in discussion themselves about the Active Acquisitions warehouse and therefore cannot vote on the application. The three members are Upper Freehold Mayor Dr. Robert Frascella, Township Committeeman Stephen Alexander and Anthony Garaguso.

The planning board’s attorney, Matthew Kalwinsky, has previously stated that as long as the planning board members feel they can make an unbiased decision, they can vote on the warehouse proposal.

A letter sent by the Upper Freehold Township Committee attorney Dennis Collins to the Committee in August stated that planning boards are “quasi-judicial.”

Collins wrote, “No person acting in a judicial capacity, or who may act in such capacity, should ever engage in discussions centering around the appropriateness of a pending land use application without both sides present and adherence to the impartial nature of the process. It makes a mockery of the process and seriously undermines the integrity of the government.”

In March, a Superior Court judge in Sussex County disqualified all eight members of the Sparta planning board, who were appointed by the mayor who publicly opposed 660,000-square-foot warehouse by the developer Diamond Chip Realty. All the members were part of a Facebook group formed to opposed the development.

Upper Freehold resident Sue Kozel and her husband Chris Berzinski said they have either had phone conversations with the planning board members or know the members were present when discussions of the warehouse project were taking place.

What did the mayor say?

Kozel said she had contacted Monmouth County asking about ways to preserve the Stein Property. She then called Mayor Frascella, who she said “was a bit angry with me that I contacted the county without his permission.”

She said the mayor said “the ratables would provide $1.6 million for township salaries” and he stated he “could not vote against the AAESUF warehouse septic plan … and it was state of art.”

She said the mayor said the county was taking a lot of Upper Freehold land for open space, which was causing property taxes to rise on the remaining land that can be taxed.

Frascella denied talking about the warehouse and said he had told Kozel that “I cannot comment on any potential application” but that he could talk about “planning and zoning principles in general.”

He said the county has taken close to $300,000 off the township’s tax rolls, which equate to salaries in the township.

He said, “I never, ever, ever told you we needed ratables on this property to pay salaries.”

Kozel said she called Alexander, who she said supported farmland preservation for two other properties, but laughed when the Stein property was brought up. She said Alexander spoke of the need for ratables for staff salaries and that the Amazon Matrix warehouse development in nearby Robbinsville also had Revolutionary War history, but “what difference did it make?”

Berzinski said he later spoke with Alexander who said, “They’ve been dumping s--- on this property for 200 years” and “the Stein property has no historical value.”

Alexander said he “might have said that” and argued that as township committeeman he has to prioritize different projects. He said 57% of the township is open space and he was not on the planning board when the phone calls and conversations were taking place. He argued that the law allows members of the township committee who would later be on the planning board to “wear different hats” without being in conflict.

Kozel said planning board member Garaguso was present during discussions of the proposed warehouse at township committee meetings. Garaguso said he came to the meeting as a member of the public and did leave after seeing Frascella and Alexander leave.

Revolutionary War history

According to John Fabiano, retired executive director of the Monmouth County Historical Commission, in 1778, the British withdrew from Philadelphia with a 12-mile baggage train. They made their way northeast, fought at the Battle of Monmouth before reaching Sandy Hook. On their way, the British encamped in Allentown and skirmishes occurred.

“It’s the last piece of undeveloped land that would show activity of the (the skirmishes),” Fabiano said.

The developer’s archaeologist Matt Tomaso said his firm conducted shovel tests.

“There is essentially nothing out there currently that represents the British encampment,” he said. “We didn’t find anything that is diagnostically — meaning, most definitely of an 18th-century origin.”

According to the archaeology report, artifacts including glass jars, ceramic pieces, a hatchet, a well and 1864 Indian head penny were found, among other items.

The majority of the items were found around the former farmstead.

Tomaso said if a property has an “eligible resource,” the state may request mitigation as opposed to preservation.

Kozel, who retired from teaching history at Kean University, said it’s not surprising that no artifacts from the encampment were found due to the short duration of the stay. But she said the site needed to be further investigated for its full history that could include its Black history.

Emile DeVito, who works with the New Jersey Conservation Foundation, said the environmental impact report did not conduct a thorough enough job identifying species living on the property.

He said he visited the property three times and saw an American Kestrel foraging on the field. While restricted from access to the property, he said he suspects a nest in the woods along Indian Run Creek.

While the developer stated that a Department of Environmental Protection inspector did not find any species of concern, DeVito said the state agency relies on databases of protected species that are woefully inadequate when it comes to private property. He also said many animals only appear during specific hours during certain seasons.

Allentown is also looking to the state and county to preserve the Stein property. Allentown resident Kemani Scott, who is also the policy coordinator for state Sen. Troy Singleton, D-Burlington, said there are two budget resolutions under consideration.

One is sponsored by state Sen. Sen. Vin Gopal, D-Monmouth, and it proposes to give $8 million to Monmouth County to purchase the property. The other is sponsored by Assemblywoman Carol Murphy, D-Burlington, and it would give $8 million to Allentown to purchase the property.

The county is also negotiating with the developer over the property.

“We are such a small community. It’s often overlooked.” Scott said, adding, “We have seen overdevelopment crippling our small towns and our communities. … We need to make some systemic changes across our state about this issue."

Olivia Liu is a reporter covering transportation, Red Bank and western Monmouth County. She can be reached at oliu@gannett.com.

This article originally appeared on Asbury Park Press: Upper Freehold warehouse plan to go before the public