Ka-Boom

HARDYSTON-At a June 23, planning board meeting board Indian Fields about 40 angry homeowners told the board that unannounced blasting during phase 3 construction of Indian Fields had damaged their homes by cracking walls, breaking windows and window seals, popping studs and stirring up dust. The development is located just off state Route 94 in Hardyston. As a result of the homeowners' testimony, board members agreed unanimously to delay approval for developer Joseph Lipari to proceed with phase 4 of the building plan until the board can hear from an explosives expert and analyze the situation in greater depth. Board chairman Carl Miller explained that the planning board has no authority to regulate blasting, because state law preempts local law, and municipalities are not allowed to regulate blasting. But the board does have the authority to act in the best interests of the health and welfare of citizens. Acting on behalf of aggrieved homeowners, Judith Coomes, who lives in the development, testified that she had tried to notify developer Joseph Lipari of the residents' distress about damage to their. Lipari never claimed the certified letter she sent, Coomes explained, although the postal service attempted twice to deliver it. The envelope showed two attempted delivery dates: May 23 and June 14. During the meeting Coomes handed the letter directly to Lipari, who accepted it. What's more, said residents Michael Cicerale and Brian Montrose, they believe that New Jersey law holds that residents are entitled to have to preblast inspections of their homes. State law, they say, requires that all homeowners within a certain distance of the blast must be notified when blasting to take place. Such notification and inspections have not taken place, they say. Michael J. Quigley, III, attorney for the developer, said that notices of the blasting had gone out to residents living within 200 feet of the blast area. But many residents claimed that they never had been notified. Indian Fields resident Brian Madigan drew applause when he testified that his home also had been damaged. "I have some experience with blasting, and I think the builder ought to get a more expert blasting company to do the work. Blasting doesn't have to do so much damage," Madigan said.