Redrawn Lots at Former Chemical Production Site Draw Skepticism

A plan to consolidate several tax lots located at the former Ciba-Geigy chemical production site into three tracts was met with skepticism from the public and some Planning Board members, though it was ultimately approved in a 5-2 vote. 

Consolidating the six tax lots into three is meant to help with remediation and was recommended by the Environmental Protection Agency, according to an attorney for BASF, the company that purchased Ciba in 2008 and now controls the land behind Route 37 and the Oak Ridge Parkway. 

No development at the site is currently planned, representatives said during the Planning Board's Wednesday meeting. Nevertheless, some residents expressed their concern over the site and its future. 

"I don't trust these people," said resident Carol Benson, who recalled the days when Ciba-Geigy, operating Toms River Chemical, came to town in the 1950s with promise and "destroyed lives."

John Stolz, the attorney representing BASF, said that the redrawing of the lines is to "facilitate the ongoing administrative process of managing the environmental site owned by BASF. The older tax lots are a vestige of the previous operations at the site which no longer exist, he said.

"I do feel that some day it's going to be developed," said resident Joseph Kotran. "I do believe there is something in mind for it."

After the issues that have plagued the site and the problems it has caused for Toms River and its families and children, Kotran said that he is "just very skeptical."

The creation of the three "distinct zones" is based on the levels of remediation needed at each location, Stolz said.

The three lots are 500, 403 and 313 acres each, said surveyor Ernest Hedges. 

The so-called "red zone" — a 90-acre parcel of heavily polluted land — is expanded about three times that size under the new boundaries, more than what the EPA wanted, according to Stolz. 

"BASF is trying to be sensitive to the public interest in the property," he said. 

Of the three lots, one is restricted against residential development, another containing the "red zone" cannot be developed and the last does not have any constraints.

"I don't believe there is an advantage or disadvantage" to the change in lot configuration, said township planner Jay Lynch. 

The entire site, which is larger than many of the smaller municipalities in Ocean County, is so substantial that any potential changes in zoning would require a change in township ordinance, not just an appeal to the Zoning Board. If future plans conformed to existing township rules, they would still require review by planners. 

"Either way, it's a totally public process," Lynch said.

Board members voted 5-2 in favor of approving the redrawn lines. Board attorney Greg McGuckin reminded members that they should not consider matters of potential site usage when making their votes, which should be based solely on the application to redraw boundaries. 

Councilman John Sevastakis, who has a seat on the Planning Board, in previous years represented the township on a board working with Ciba to rehabilitate and rebuild on the site though no construction projects ever came from that process. Seeing the application on the board's agenda Wednesday came as a surprise. 

"Knowing the severity of this, I'm just not comfortable. I'm going to vote no," he said. 

"I'm very suspicious of the whole application," said board member David Ciccozzi. But, he noted, "I can't let my emotions get involved here" before voting yes. 

"In my opinion, from a planning perspective, I don't agree with this application, so I'm voting no," said board member Jack Ruether. 

Under the terms of the approval, BASF is required to install sidewalks after 10 years if no development takes place — in the meantime they must post a bond for those sidewalks.