Cross-Examination of Hekemian Planner Concludes

Editor's note: Oradell has retained Louis Flora of the law firm Giblin & Giblin to represent them before the New Milford Zoning Board in the hearings regarding the proposed development of the United Water property. 

Tuesday's hearing of the proposed development of the United Water property picked up where it left off in April--with the public's continued cross-examination of Hekemian's planner, Peter Steck. 

The evening began with the attorney for the applicant, Antimo "Andy" DelVecchio, formally submitting that the conceptual contract between the developer and the Board of Education (BOE) was no longer on the table due to the results of a field study that determined the water table to be too high for the installation of a water retention system on the current location of the softball field. 

In light of those findings, DelVecchio said, "The anticipated amendment to application is not going to materialize," bringing to a halt the motions by both Al Alonso, an attorney representing himself in the matter, and Lou Flores, an attorney representing Oradell before the Zoning Board, to dismiss the application as amended to include a field, and require that the applicant file a new application.

Questions were based on Steck's prior testimony that stressed that the proposed development of the United Water property--70,500 sq. ft. supermarket, 4300 sq. ft. bank and 24 low and moderate income housing units (down from 221 units)--is an "inherently beneficial use."

In Tuesday's cross-examination, Steck said that if the bank and the supermarket stood on their own they would not be considered an inherently beneficial use. However, he stressed that the key factor is that they do not stand on their own--the supermarket, bank and housing are considered an inclusionary development.

"The supermarket and bank are part of the production of the low income housing--they support the housing," Steck said in response to the questions asked by New Milford resident Gene Murray.  

Steck emphasized that in this inclusionary development, the housing is the engine that drives the development of the supermarket and bank.

"It is an established principal of Mount Laurel that inclusionary development is the way the housing gets built," Steck said. "The engine that drives the subsidies are the supermarket and the bank." 

Steck also reiterated his previous position--that the approval of this application will not result in detrimental impact to the surrounding area emphasizing the fact that New Milford's 2004 master plan and 2008 Fair Share Housing call for a mixed use development on that site.

"The master plan singles out this site as a great site for inclusionary housing," he added. 

Michael Gadaleta questioned Steck about the design of the bank and asked if the drive-thru window and additional parking indicate that the developer could option to change the use of the building from a bank to a fast food restaurant.

Board attorney Scott Sproviero quelled the concerns that a fast food restaurant may be slipped in by saying that each variance being sought has to have a specific use attached to it. 

"They can't get a use variance to build a bank and then put in a White Castle," Sproviero said. 

The hearing will continue on June 27 with the testimony of Oradell's traffic consultant. The public will also begin its presentation on the June 27, as well.

Follow River Dell Patch on Facebook and Twitter or subscribe to our free daily newsletter.