Millstoners vent concerns about Dairy Queen site Developer wants to add private roadway to site BY JANE MEGGITT Staff Writer MILLSTONE - A prominent local attorney appeared before the Planning Board at its Jan. 9 meeting to discuss a property he partly owns. Residents who live near the property on the corner of Routes 526 and 571 attended the meeting to voice their concerns about the site, located in the neighborhood commercial (NC) zone. Attorney Kenneth Pape represented Millstone Center Associates (MCA), of which he is also a principal. He appeared before the board seeking an amendment to the preliminary and final subdivision approval the board granted MCA in June 2005.MCAwants to add a private roadway, which requires a variance, to the project. Pape reviewed the history of the property, which currently containsDairy Queen, KinderCare, and Veterinary Surgical and Diagnostic Specialists (VSDS). The 9.5-acre site does not have any wetlands or environmental constraints, he said. He also said that the five building lots on the acreage all meet or exceed the requirements of the NC zone. Pape said that MCA first appeared before the board 11 years ago with plans for the land. At one time the group had proposed creating a supermarket on the property, but the board did not approve that project, he said. In 2005, Dr. Daniel Stobie, the owner of VSDS, wanted to build a 15,000-square-foot veterinary hospital on the land, but the board decided that concept was unacceptable and it was not pursued, according to Pape. Christopher Pepe, who chaired the meeting due to Chairman Mitchell Newman's potential conflict of interest with the application, said that neighbors of the property have complained about noise, lights, and septic problems. "Everyone on this board has been put here by officials who ran on an environmental platform," he said. Pape said that when he was notified that the Dairy Queen's lights stayed on all night, he made sure to instruct employees to turn them off. He also said that he had a music speaker removed fromthe facility when neighbors complained. Pape also said that milk fats in the septic tank had caused a very bad odor in the septic system, but that the situation was remediated. Sanjiv Kanwar, the owner of the Dairy Queen, said the odor only occurred in hot and humid weather. "I'mashamedmyself," he said. "It's bad. We fixed it three months ago." Pape also addressed an allegation that septics on the property had contaminated neighboring wells. He said the New Jersey Department of Environmental Protection DEP) came to the site with a hazmat team and found everything in conformance. He also said that theMonmouth County Board of Health inspected the property as well. Pape said dumping had occurred at the back of the property, but that the site has been cleaned up andwill be policed on a regular basis. "We were embarrassed to find debris back there," he said. Donna Tracy, who lives across the street from the Dairy Queen, said that her well went bad and she had to get a new one. She alleged that her husband became sick from the water. "Don't tell me it doesn't come from across the street," she said. "I don't believe it." Tracy said she spent $5,000 on testing and adding a new well and water lines to her house. "I'd like any of you to live inmy house for aweek," she said. "See how many car lights come inmy front room from the Dairy Queen or VSDS." Tracy also said Dairy Queen noise prevents her from entertaining in her backyard in good weather. Debra Strnad, whose home is also located across the street from the property, said it was her understanding that the Dairy Queen would serve only ice cream, but now serves burgers as well. "Apretty picture was painted," she said. "It's not so pretty." She also said, "When you don't smell the septic system, you smell burgers. We're all frightened that things will get worse." Strnad also said that heavy rain causes flooding on the property and that kids hang out in the area behind the Dairy Queen. Peter Johnson, whose house is adjacent to the property's buffer on Carrs Tavern Road, gave the board photographs he took two weeks ago in the lot behind the Dairy Queen. He said cinder blocks, PVC piping, piles of concrete and garbage bags had been dumped at the site. The board has received a letter from Zoning Officer Pat Hynes stating that the dumping violations have been corrected. Boardmember Thomas Pado said there is an immediate situation that needs to be addressed regarding the wells, septics and rubbish. Pepe said that although everyone agrees with Pado's conclusion, the situation may not fall under the Planning Board's purview. Committeeman Steven Sico said he has a problemwith the quality-of-life issues the residents raised regarding the application. He told Kanwar he didn't want another problem with his store. "It's unacceptable," Sico said. Mayor Nancy Grbelja said the application complies with the township's rules for the NC zone. "Unless we want to change zoning, this is something that fits our rules," she said. Township Attorney Michael Steib said that developers who play by the rules are entitled to approvals. Pape said that he would not ask the board to vote on the application that night and asked for the issue to be carried to the Feb. 13 meeting. He asked township officials to go through the county health department's records for the property, which he called "very complete and thorough." Pape said he would also like to meet with neighboring residents and township professionals to address the ongoing issues. Township Engineer Matt Shafai said he would attend that meeting.