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.