DEP’s word on land exchange imminent Attorney says town has acquired title to all parcels being given BY JESSICA SMITH Staff Writer The last necessary approval to build the new high school in Thompson Park is anticipated in early January, according to Monroe Township Assistant Attorney Peg Schaffer. Schaffer updated residents on the status of the long-awaited high school and legal matters surrounding the land swap needed to build it during the Dec. 13 Board of Education meeting. The last major obstacle, she said, is approval from the state Department of Environmental Protection, something that officials hope to have within two weeks. “There is nothing to prevent the town from going forward,” Schaffer said. “My anticipation is that we’re going to hear what we’re going to hear by Jan. 4, if not sooner.” Township officials submitted an environmental impact statement (EIS) to the DEP on Oct. 16. The DEP had 20 days to decide if it needed more information on the park land to be traded by the township for the high school land, and it did not request any further data. The DEP then had 60 days to review the EIS, a period that ends Jan. 4. The land swap was originally slated to give 152 acres of township-owned property in exchange for 35 acres in the corner of Thompson Park, on which the new high school would be built. As part of the plan, the township must come up with $1.127 million to cover the higher value assessed on the park land. Surveyors discovered the township property is actually 172 acres, which will bring the number of acres added to the park after the trade to 137. Of the $1.127 million cash supplement, $500,000 will go toward six new soccer fields to be built on Perrineville Road. These will take the place of the fields that would be lost with the high school’s construction. The remainder of the money will be designated for improvements to the park. In February, attorney Richard Webster of the Rutgers Environmental Law Clinic filed an appeal against the land swap, representing the New Jersey Conservation Foundation, New Jersey Public Interest Group and the local citizens’ group Park Savers. Briefs have been filed by both sides in the litigation, and an argument date will be set up by the Superior Court Appellate Division, according to both Schaffer and Webster. Opponents of the land swap refute the claim that the park land is the only location available to build the school, and feel that the township property being given is not up to par with the park land. Nancy Prohaska, a Park Savers member, questioned why, in a town that is 50 percent undeveloped, there is no alternative site to build the school. With housing developments being built throughout the town, it is hardly feasible that there is no other place to put the high school, she said. “[If] there is no place to build a school in this town, the Planning Board should have a ‘no vacancy’ sign up,” Prohaska said. Thompson Park’s status as Green Acres property has also been a point of contention, among other concerns. “We have the approval and we intend to go forward, unless and until someone tells us we can’t go forward,” Schaffer said. “My instructions are, ‘get it done.’” Webster said he made an offer to the town to expedite the lawsuit, but it was declined. The bipartisan State House Commission unanimously approved the land diversion last year, but the environmental and preservation groups are hoping to overturn the decision. As part of the land swap, the township is required to provide clean title on the land parcels being traded. As of late September, Nick Pengue, principal owner of CAS Properties, had a purchase option on part of the land. Since then, he has signed over any interest he had in the parcel to the town, according to Schaffer. She said all other liens and encumbrances have been cleared. Webster said he has yet to see the documents proving clean title. Prohaska said she filed an Open Public Records Act (OPRA) request to obtain copies of the documents about a week after the liens were said to be satisfied in early November. She said she waited 12 business days for a response, and was then told that the documents could not be located. “What are they hiding that they don’t want to show us these documents,” Prohaska asked. “I’ve learned over these years that unless you have it in writing, you have nothing.” At the Board of Education meeting, Schaffer said the opponents of the project are the reason the board had to pay her to come out and answer questions. “If Peg is so concerned with the taxpayers’ dollars, maybe she should take this case on pro bono,” Prohaska said. The construction project is costing taxpayers over $500,000 a month in interest on the bonds, Prohaska said. “It’s a shame. It really is,” Prohaska said. “I’m just not sure how long the parents at the school will put up with it. What high school takes 11 years to build? Nobody wants to take action. And the parents deserve better, they really do.” In December 2003, voters approved an $82.9 million referendum for the high school’s construction. Since then, projected costs have increased because of the higher price of building supplies. At last week’s meeting, Superintendent of Schools Ralph Ferrie said while it is certain that the project will require more money than originally planned, it is not clear how much. Project opponents also objected to the fact that Schaffer’s presentation was not mentioned in the meeting’s agenda. Board member Rita Ostrager also questioned why it was not included in the agenda, although she said she welcomed the presentation.