CLEAN's Attorney asks to subpoena North Jersey District Experts

August 25, 2003

The hearings on West Brook Hills II continued with borough planner Peter Steck defending the borough engineer's 'old fashioned way' of calculating slope.  Apparently unaware that borough engineer Ed Haack had presented new calculations at the July 28th meeting claiming they were more accurate, Steck claimed that the borough's ordinance did not point to any specific method of calculation, and therefore the less accurate way was preferable. He stated that he felt that irregular lot lines were of greater concern than building the homes on excessively steep slopes.

Ed Haack, obviously insulted at testimony given by Ross Kushner of the Pequannock River Coalition at the July 14th meeting challenging his assessment the project, lashed out, reading an 'amended' report that was a thinly veiled attack on Kushner. Haack attempted to discredit Kushner, attacking his credentials and calling his comments 'arrogant.' The report did little to answer questions regarding the specifics of the stormwater management plan, however. 

The Windbeam Trout Club brought in their own experts to challenge the developer's plans to build 39 homes upstream from their property along the West Brook.  The Trout Club's attorney, Frank DeVito, and CLEAN's attorney Michael Kates, were dissatisfied by the information provided about the agreement between the developer and North Jersey District. In an unusual move, the two attorneys requested that the Planning Board subpoena Stephen Souza, the engineer who consulted on the agreemnt, and Michael Barnes, head of engineering for North Jersey District. These two experts, if they are forced to appear, can provide specifics on the agreement that have not been forthcoming. Board Attorney Shep Peck refused to rule on the request that evening, directing the attorneys to appear at the September 8th meeting to discuss the matter further. The next public hearing will be on September 22nd at 8:00 pm.