Zoning Board Imposes Time Limitation on Public Questioning of Hekemian Experts

Towards the close of Tuesday's hearing on the Hekemian application for development of the United Water property, and at the urging of Zoning Board attorney Scott Sproviero, the Zoning Board agreed to impose a seven minute time limitation on public questioning of the applicant's experts. The Board also agreed to restrict the public to one opportunity to question each expert. Returning for cross-examination Tuesday was traffic engineer, Elizabeth "Betsy" Dolan.

The decision to implement these restrictions followed the continued requests from Antimo "Andy" DelVecchio, attorney for Hekemian, to limit "repetitive and redundant questions" in an effort to speed the hearings along.

"The statute put a 120 day clock on this application," DelVecchio said. "We're now into 400 days."

Supporting DelVecchio's request, Sproviero told the Board, "I believe the time has come to consider imposing time limitations and enforcing no repetitive questions. We need to decide this application...you should seek to impose some reasonable restrictions."  

Sproviero emphasized, "We are 30 hearings into this application and I think perhaps 30 percent of the time we've spent entertaining questioning from the public."

Board member Joseph Binetti asked the members of SOD (Stop Over Development) if they can pool their questions in order to move the hearings along and curb repetitive questioning.  

Opposing this restriction, Michael Gadaleta responded to Binetti from the audience that SOD does not have an attorney. Objecting to the conversation between a Board member and audience member, DelVecchio told Sproviero that allowing Gadaleta to speak from the audience constitutes a "filibuster."

"We're either going to schedule more meetings or instill reasonable controls," DelVeccio said.

Eileen DeBari, acting Chairwoman for Tuesday's Hekemian hearing, told DelVecchio that the public should be allowed to question the experts without imposed limitations assuring him that the Board will intercede if questioning becomes repetitive.

However, failure for the Board to impose restrictions resulted in DelVecchio objecting at almost every turn that the questions being asked of Dolan had already been asked and answered previously. Sproviero interjected to encourage the Board to make a determination regarding imposing time limitations and limiting the number of times a member of the public can question a witness to once. The Board agreed. 

The cross examination of Dolan was completed with Sproviero reserving the right to have her return should the Board have any questions for her.  

There will be a special meeting of the Zoning Board on Thursday, March 28 at 7 p.m. in the council chambers of Borough Hall. This special meeting will be devoted entirely to the hearing of this application.