By Stephen Appezzato
MIDDLETOWN – A nearly 200-year-old cemetery in the township recently received approvals to construct a new graveyard, which has some Oak Hill area residents concerned.
Representatives of Fair View Cemetery appeared before the township planning board June 5 seeking approval to clear and regrade a portion of a 21-acre wooded lot to make way for future graves, a driveway and two parking spots. The parcel in question is an undeveloped, triangular-shaped property that borders Oak Hill and Normandy roads.
Fair View Cemetery, which has been in business since around 1855, has yet to clear-cut the property because “their system had been to clear it as needed,” said attorney John Giunco, Fair View’s representative. “They’re now at a point where there are very few gravesites left in the cemetery that’s already been approved,” which means expansion is required.
“That’s the main reason that we’re seeking this approval right now,” said Giunco, adding that there continues to be demand for new graves.
The cemetery currently operates on a larger parcel that abuts Route 35 and Oak Hill Road. The lot in question is connected to the main lot but bisected by the NJ Transit railroad.
Of the 21-acre wooded parcel, the driveway, oneway circle and grave sites would span only 10,765 square feet and be located directly across from Ivy Hill Road. Civil engineer James Kennedy testified about the proposed site plans and said the clearing would make way for about 230 burial sites.
During the testimony, Kennedy noted a portion of the property is designated as a freshwater wetland, however, the proposed plans adhere to state Department of Environmental Protection guidelines and development would maintain a 50-foot buffer zone from that area. Kennedy also said new deciduous trees would be planted to fill areas around the proposed driveway and burial plots. Fair View plants the trees after internment to avoid issues with root systems and burials. According to the minor site plan, approximately 75 trees will be removed to make space for construction and gravesites.
Responding to questions, Kennedy also clarified the expansion would not require utility connections and that the plot would only be open for visitation from sunrise to sunset.
Buzz surrounded Fair View’s June 5 hearing since, in the past, the cemetery sought to build a crematorium on its main operational property, sparking skepticism and concerns among some residents. In 2017, the township zoning board denied Fair View’s crematorium application. The cemetery filed a lawsuit challenging the decision. Ultimately, the late Monmouth County Judge Lisa Thornton upheld the zoning board’s denial.
During the recent hearing, planning board chairman David Merces clarified to residents who thought a crematorium was back up for consideration that the new application “could not be further from the case.”
“That battle has been fought in other areas,” Merces said, referring to the lawsuit. “I just want to let everyone know on the front end that this application has nothing to do with it,” and “the two things are completely separate,” he said.
However, residents who live near the property were still apprehensive about the project’s impact on property values, traffic and future gravesite expansions.
Diane Trugman, a licensed real estate appraiser and tax assessor, was concerned the cemetery does not pay taxes and an expansion would lower property values for homes directly across Oak Hill Road. Planning board members said they legally cannot consider the economic impact of any application, positive or negative. They also noted Fair View’s tax exemption is in line with state laws, not township-specific laws.
Under state law, local planning boards cannot approve or deny applications based on factors like economic impact and appeal but must consider them on their adherence to local development regulations, which Giunco said Fair View’s application was in line with.
“It appears to me like you guys have already made a decision,” Trugman responded. “This is not to the benefit of public interest,” she said.
Michael Fard, another nearby resident, was worried Fair View would continue expanding on the wooded lot.
“We all know that this is only the beginning,” Fard said. “The concern that we have is that, how much of this area do we want to have it be as a cemetery?” he asked.
“I understand they own the land; they’re entitled to it. However, when I purchased my home, no one mentioned that this is cemetery land, (and) one day they’re going to build cemeteries across from it,” he said.
Fard urged the board to consider the future of the land and the likelihood of future graveyard expansions.
Michael Hettesheimer, another resident, noted the traffic on Route 35 and along Oak Hill Road can sometimes be an issue. “I can’t see how this won’t impact (traffic), on Day One but also in the future when it’s expanded because just getting into a driveway like that – it slows down traffic,” he said. “I really think that having the full understanding is important to making a decision,” he told planning board members.
Ultimately, the planning board unanimously approved Fair View’s application. The cemetery must now seek NJDEP approval, a road opening permit from the township engineering department and a grading plan review and approval by a township engineer to proceed.
The article originally appeared in the June 13 – June 19, 2024 print edition of The Two River Times.
