BY TARA PETERSEN
Staff Writer
A side view of the berm with the Wagner Farm Lane residences on the left, downhill from the playing fields at Wagner Farm Park in Millstone. MILLSTONE — John and Jennifer Connolly have a perfect view of the local youth football practices and games from their upstairs bedroom.
And the players and spectators have an equally great view of the Connollys’ home and back yard from the top of a berm in the family’s back yard — a berm that was put there for privacy.
It’s not exactly what the family had in mind when they purchased their property — which abuts Wagner Farm Park — in 2002, according to the couple.
A view of the playing fields from John and Jennifer Connolly’s upstairs bedroom in Millstone. The goal post on the football field is visible. “We had a few choices of lots,” John Connolly said, “and we specifically chose ours because it had a farm on one side and the park behind us.”
Wagner Farm Park became a recreational facility in 2003 after many residents along the park property had moved in. This year, it also became home to the local Pop Warner football program, which holds practices in the fall two to four times a week.
According to John Connolly, the residents on Wagner Farm Lane were told they would have a berm that would give them privacy from the park activities.
The Connollys believe that a berm, by definition, should go from a low to high and back to a low elevation, creating a wall-like barrier. Instead, however, the playing fields are at a higher elevation than their back yard.
According to the family, it is more like a cliff, or mini-mountain, that becomes an overlook from the park to the back yards of a handful of homes in the area.
“During the games and activities in the park, spectators walk around the track and feel the need to intently inspect our back yard,” Jennifer Connolly said. “Because of the height of the mountain, they end up looking directly down on our pool and patio. This creates a very uneasy feeling for us, our friends and our family.”
Though the township planted several trees, according to the couple, they are not tall enough and many of them have died.
The Connollys and neighbor Mike Kuczinski attended the Oct. 6 Township Committee meeting to ask officials to make sure residents are provided with adequate privacy through the planting of mature trees, as well as the installation of a fence.
Alternatively, they would ask the township to deed the property over to the residents so that they can landscape it to their own liking.
“Why not let us care for it?” Connolly said. “We have a vested interest in beautifying and maintaining the property.”
John Connolly spoke of one particular incident that illustrated their lack of privacy.
“Unfortunately, our privacy is continually violated by the curious passersby that want to see what’s on the other side,” he said. “In addition, the berm is still continually used as a bathroom. Just this past Sunday, four football players dressed in yellow shirts and black pants crossed over the berm, pulled down their pants and urinated.
“This was in full view from my back yard as well as my neighbor’s,” Connolly added. “I currently have my 6-year-old niece staying with me, and my neighbor has two young daughters. This is something neither they nor anyone should be exposed to.”
Deputy Mayor Elias Abilheira agreed that having the residents maintain the berm themselves could be a good solution, since it would take the responsibility away from the township, and hence, the taxpayers.
“The taxpayers would benefit by shifting the responsibility to the landowner to take over the cost of maintaining it,” Abilheira said.
Former township Mayor Evan Maltz spoke against the idea.
“They’re benefiting from our tax dollars,” Maltz said. “There are a lot of ways to solve this without giving public property to [residents].”
Maltz said the residents should have to pay fair market value for the additional land.
Committeeman William Nurko said he thought the area should be able to grow back to its natural state, which would provide a better buffer.
Committeeman John Pfefferkorn also expressed concern with deeding the property to the residents.
“I think this opens us up to a lot of other situations,” Pfefferkorn said. “A lot of residents would like to extend their back yards.”
Kuczinski objected to the notion that the residents would gain land.
“It’s a complete disaster. It’s a mess,” Kuczinski said of the berm. “You’re making it sound like we’re getting free property. We don’t really want the property. If you want to keep the property, go ahead.”
Abilheira agreed, saying that it was not really giving anything away, but rather, that it was an opportunity for the township to save money and shift responsibility to the landowner.
Township Attorney Duane Davison said that if the township decided to consider a transfer of property, he would have to look into the legality of it.
To illustrate the lack of privacy, John Connolly provided the committee with pictures. He also provided a proposal with a review of the township’s obligations as previously promised, and an “alternative” request that the land be deeded to the residents.
Mayor Nancy Grbelja said she agreed with the residents that the berm is not what was first promised, and that she believed there were plans to fix the problem.
Business Administrator Jim Pickering confirmed that plans were already in place to further landscape the area by the end of this month.