Morristown’s environmental commission is urging the town to take legal action to force removal of a pipe that appears to run from a private backyard in Morris Township into Burnham Pond, which is owned by Morristown.
The commission also contends that the discharge of storm water into the pond is illegal, and recommends that the state Department of Environmental Protection be called in to enforce state laws.
Lastly, the advisory panel is asking the town to start a monitoring program to prevent anyone from removing vegetation planted around the pond to filter and protect it.
Swaths of this “riparian buffer zone,” painstakingly planted by volunteers since 2001, have vanished mysteriously.
“If the town does not have the authority to institute an enforcement action of this kind, we recommend that the administration introduce an ordinance to the Town Council that calls for the protection of the buffer zones, the delegation of enforcement activities to the appropriate Town department, and penalties for violations of the ordinance,” the commission states in a letter to Morristown Mayor Tim Dougherty.
The Mayor reiterated what he told the town council earlier this month: Letters will go out soon to residents around the pond–in Morristown and Morris Township– warning them not to tamper with town property. And he said the town attorney continues researching the legal status of the pipes.
“We’re going to enforce our rights,” the Mayor said this week. “We’re doing due diligence to make sure no easements were granted.”
The matter is scheduled for more discussion at tonight’s town council meeting.
The Burnham Park Association has been pressing the town to act ever since former zoning board chairman John Codd noticed the absence of buffer vegetation while walking his dog a few months ago.
Burnham Park was deeded to Morristown for passive recreational uses by the Burnham family in 1911, and the association has served as steward for the property since 1948, said Joe Attamante, association vice president.
Although the commission’s letter refers to one pipe, a total of three pipes have been discovered by the association.
Two appear to run underground from backyards of Morris Township residents; a much larger 15-inch diameter storm water drainage pipe is owned by Morris County and has been there for “years and years,” said Morristown Town Engineer Jeff Hartke.
The commission’s letter states that the engineer detected ammonia being discharged into the pond.
Jeff Hartke could not confirm that today. He said testing over the summer found that pipes were discharging backyard runoff, but “no fecal matter” that would be associated with sewage. The county storm water pipe is of “much more concern,” he said.
“There is no indication that anything is coming out of those pipes right now,” said town Administrator Michael Rogers.
“Now that the town is looking at this as ‘Let’s do our due diligence,’ the question is, are these pipes legally there? Was some easement granted?” said Art Clarke, chairman of the Morristown Environmental Commission. “The second issue is, what is the discharge? Is it exempt from DEP regulations or does it comply?”
Over the last week or so, association members also have been upset to see that a resident has built a backyard path that appears to jut onto park property. They also are wondering who felled a large tree.
“These people feel they have a right to come on town property and do what they will, like it’s an extension of their property. Clearly, it’s not,” said the association’s Joe Attamante, a retired teacher who lives in Morris Township.
In addition, algae is becoming more noticeable in the pond because three of four aerator fountains are not working. Jeff Hartke said he requested funds to upgrade the system, but the town cannot afford it.
As for the missing buffer plants, the Mayor said some environmental groups have suggested to him that the vegetation will grow back on its own.
“Maybe we can cap it at three or four feet so people can still see the pond,” he said.
