WEST MILFORD The development of 109 new homes in West Milford was given a boost last week. Judge Anthony Graziano refused to find in favor of the argument that preliminary site plan approvals submitted by Trammel Crowe Residential, the property developer, in February 1997, had expired. Instead the judge, who released his decision last Friday, passed the whole matter back to the West Milford Planning Board to make its decision on final site plan approvals. Graziano set strict timelines for a decision from the planning board. All hearings on the development must be completed no later than August 3. Planning Board Chairman Michael Tfank expressed his dismay at the decision on Wednesday of this week, “I’m disappointed the judge didn’t find that the site plan application had expired. It does mean though that the planning application will have to stand on its own merits.” Tfank did not wish to comment on the application itself for fear it may prevent him from participating in the planning board process. Valley Ridge, as the new development will be called if it ever breaks ground, will be sited on nine acres adjacent to Union Valley Road. Skylands CLEAN, a local environmental group who have been vigorously opposing the development in court, say there are hurdles to the development even if approval is given. They say the consequences of the project could be significantly detrimental to surrounding residences. In their brief to the court, Skylands draw attention to specifics of Trammel Crowe’s plans which raise concerns. The brief says sewage from the new homes would need to be pumped over a ridge line to the Olde Milford sewerage treatment plant and to achieve this, neighboring property must be condemned. CLEAN also suggests that the aquifer supplying water to nearby Bald Eagle Village could be negatively affected by any further well drilling. Condemning the neighboring property for the sewer line may require implementing the thorny issue of eminent domain, a process in which public bodies such as the township or state have legal power to acquire the property. Whether eminent domain will be needed in this case is still a long way off; however, the possibility of condemning property for private development in municipalities is very real. Just a year ago the Supreme Court decided 5-4 to grant local governments broad powers to condemn and remove homes and businesses against the will of the owners to allow private economic development. Following this decision however, as recent as April 20, New Jersey Public Advocate Ronald K. Chen outlined reforms he said are needed to protect the rights of New Jersey families and businesses. Chen advised that the use of eminent domain should be “limited to truly blighted areas, and the process of condemning property must be fair, ethical and transparent, and that citizens have a meaningful opportunity for appeal.” The first planning board meeting to fall within Judge Graziano’s timetable is on Thursday July 6, commencing at 7:30 p.m. Trammel Crow Residential is a nationwide housing project developer with its local headquarters based in Morristown.