June 4, 2025, Planning Board Regular Meeting Transcript - WEHI

17 of 41 sheets Page 65 to 68 of 101 06/20/2025 06:55:03 AM 65 the DEP issues a wetland LOI or in this case an1 extension? Do they inspect the wetland delineations.2 THE WITNESS: They probably did it the first3 time. I am not sure if they did it or didn't do it the4 second time.5 MR. PLOCKER: So even the first time do they6 inspect soils?7 THE WITNESS: They did.8 MR. PLOCKER: Do they inspect hydrology?9 THE WITNESS: Yes.10 MR. PLOCKER: Do they inspect vegetation?11 THE WITNESS: Yes.12 MR. PLOCKER: Okay. Thank you.13 I have nothing further.14 CHAIRMAN BAGOFF: Thank you.15 We're going to take a five-minute break.16 (Whereupon, a short recess is taken.)17 CHAIRMAN BAGOFF: Mr. Afran, do you have18 questions or are you going to --19 MR. AFRAN: I don't have any more questions,20 but just a clarification.21 Ms. McGovern asked earlier, this goes back22 to the colloquy's about whether or not the matter on23 appeal means that the reconsideration, so to speak,24 presently under the DEP is no longer jurisdictionally25 66 possible. I want to clarify that the application with1 the DEP is an application to suspend the permits, and2 that's a separate administrative proceeding from the3 challenge to its approval. So all while there is a4 relationship, obviously one is not barred by the other.5 This is a suspension always a separate administrative6 application.7 CHAIRMAN BAGOFF: Okay.8 MR. AFRAN: I wanted to clarify that.9 CHAIRMAN BAGOFF: And nothings been10 adjudicated yet?11 MR. AFRAN: Correct.12 CHAIRMAN BAGOFF: Mr. Plocker.13 MR. PLOCKER: I just have a couple more14 question for Mr. Gallagher.15 CHAIRMAN GALLAGHER: Go right ahead.16 MR. PLOCKER: I want to know, were you or17 anyone at you firm aware that my client's DEP18 application was open for about 20 months?19 THE WITNESS: Yes.20 MR. PLOCKER: And during that time period21 did you or anyone in your firm have a chance to submit22 any comments or objections to any of my client's23 submissions?24 THE WITNESS: We were not retained at that25 67 point.1 MR. PLOCKER: Let me rephrase my question.2 At any time during the 20 month period within the3 application remained open, did your firm comment, submit4 comments or objections to the DEP during that time5 period about the application?6 THE WITNESS: We did not.7 MR. PLOCKER: Your firm never sent in any8 applications or none that you're aware of?9 THE WITNESS: I believe all

s to the DEP during that time5 period about the application?6 THE WITNESS: We did not.7 MR. PLOCKER: Your firm never sent in any8 applications or none that you're aware of?9 THE WITNESS: I believe all our comments10 were directed to the town at that point.11 MR. PLOCKER: Okay.12 Do you know that for sure?13 THE WITNESS: No, I wasn't involved at that14 point.15 MR. PLOCKER: Okay. I wanted to make that16 clear, and at the end it's your understanding all17 permits were granted and the LOI was extended, correct?18 THE WITNESS: That's correct.19 MR. PLOCKER: Okay. Thank you.20 MR. AFRAN: I am not sure when the 20 month21 -- I'm sorry. I am not sure when the 20 month period22 began and ended Mr. Plocker refer's to or what it means,23 so to the extent I think the witness said he doesn't24 know anyway, but I don't think there is a clear time25 68 period offered.1 I have no further questions of the witness.2 CHAIRMAN BAGOFF: Okay. Thank you.3 At this time I would ask members of the4 public to come up one at a time and ask Mr. Gallagher5 questions based on his testimony. So we're going to6 hone in on his testimony. The questions, just like7 members of the Board did, if, when, why, what, where,8 how, how does this apply and if you start testifying I'm9 going to ask you politely to stop testifying. We're10 going to focus in on questions. So please come up,11 state your name for the record and please use the12 microphone and go ahead, sir.13 THE PUBLIC: My name is Richard Mayer. I14 live at the Grand in West Orange.15 Based on what information you just gave us,16 I live in the community that's right below where this17 would be built. In anticipation of say heavy rains,18 would that being built there, would that affect our19 community in terms of flooding? Could that possibly20 affect my community?21 MR. PLOCKER: I'm just going to object to22 the question. I don't know Mr. Gallagher covered that23 testimony. He covered the conditions regarding on site24 wetlands.25