Sparta looking at development controls amid warehouse controversy

Sparta is looking at exerting greater control over land use, as residents continue to object to a controversial warehouse and truck depot proposed for Demarest Road.

Residents came to the last two meetings with their concerns about the Diamond Chip Realty warehouse application. On March 22, the township council said it’s investigating a possible new ordinance to address those concerns — but for future projects.

Residents have been asking the council to overturn Ordinance 21-01. It passed 4-1 in early 2021, with Councilman Dan Chiariello opposed.

The ordinance added to the land use code the definition of “rail-dependent uses and structures,” defined as “any uses or structures that are adjacent to and use the railroad and are adjacent to the railroad or rail siding.”

The ordinance allows transshipment facilities for the transfer of goods between rail and trucks, as well as storage buildings, warehouses, and wholesale distribution centers.

Chiariello asked for a discussion to remove “warehouse, trucking terminals and rail-to-truck transfer stations” as allowable uses in Sparta.

That motion, after some discussion, failed 2-3. Chiariello and Molly Whilesmith voted for it. Mayor Dave Smith and Christine Quinn and Josh Hertzberg voted against it, saying their Chiariello’s motion was too specific.

Before the vote, Smith said township attorney Tom Ryan is looking at an ordinance that could create limitations.

“Before we vote on that, we want to make sure that’s allowed,” Smith said. “That’s the difference. It’s not that we’re voting, ‘no,’ we don’t want to make changes.’ That’s not the case. That’s already being perceived. That’s the problem.”

Any change in ordinance would have no effect on the Diamond Chip Realty proposal, since Ordinance 21-01 is still in effect, and was in effect at the time of their application.

“You can’t zone something to stop a specific project because then they’ll sue you and you will lose,” Hertzberg said.

The planning board hearing on the project was scheduled for Tuesday, April 6, at 7 p.m.

Editor’s note: This article has been updated to correct the date of the public hearing.