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

21 of 41 sheets Page 81 to 84 of 101 06/20/2025 06:55:03 AM 81 MR. AFRAN: Mr. Chairman, then I would just1 note there's going to be flooding say at the lower2 detention basin because inaccuracies in the high water3 table calculation.4 CHAIRMAN BAGOFF: That's fine.5 MR. AFRAN: That water has to go somewhere.6 It just doesn't stay in the basin. So it's going to go7 off-site onto the neighboring property, that's really8 relevant to the general subject matter.9 CHAIRMAN BAGOFF: Focus on this property.10 What's going on, on this property.11 THE PUBLIC: Okay. So let me rephrase that.12 How would it affect this property not just the13 construction on the site but the entire property that is14 owned by the builder in terms of how it would affect15 everything on this property, so we are focused in on16 the, where the buildings are but there's other acreage17 of land where there's deer fencing and other things, how18 would that be affected?19 THE WITNESS: A lot of the areas proposed20 for deer fencing aren't going to change. The areas that21 are proximate to the development will have the greatest22 impact as it relates to surface and groundwater flow23 patterns.24 THE PUBLIC: All right.25 82 What would -- is there any other impact to1 this property, not focused on the deer fencing, but in2 general?3 THE WITNESS: I can't offer this to show4 because flooding questions are going to come up that the5 applicant's flood hazard permit has a caveat on Page 16 that says, it doesn't obviate the town from having or7 getting an approval from the Township floodplain8 management. So the town -- well, that permit really9 isn't quite 100 percent valid until the town blesses --10 CHAIRMAN BAGOFF: Sir, I'm going to leave11 that to the Board attorney and she read some things in12 the record and we are going to leave the legalese to the13 attorney. I want you to testify on the water and --14 THE WITNESS: This is regulatory and I am15 happy to read the clause in their permit. But the DEP16 typically does this in their flood hazard permit to not17 overstep their role in dealing with local flooding18 issues and the Township Floodplain Act --19 MR. MacNEILL: Mr. Chairman, I would add,20 DEP's evaluation of the flood hazard area streams are21 regulated with the riparian, but it is not within the22 flood hazard area.23 THE WITNESS: But, again, any floodplain24 managers responsibility is to

s evaluation of the flood hazard area streams are21 regulated with the riparian, but it is not within the22 flood hazard area.23 THE WITNESS: But, again, any floodplain24 managers responsibility is to look at the health, safety25 83 and welfare of the community not just development.1 MR. PLOCKER: I am going to object. I2 believe it's mischaracterizing the towns own ordinance,3 which my understanding follows the DEP regulation word4 for word. I am not an expert on -- I am not holding5 myself out to be an expert in that area but my6 understanding, and I defer to the esteemed engineer,7 that the area, there has to be a drainage area of 508 acres or more and that this doesn't come close and this9 is evaluated by the DEP during the 20 months that the10 applications pending. We shouldn't get bogged down with11 legalese when the ordinance applies, but I'll leave that12 to the professionals that know those regulations.13 MR. MacNEILL: The floodplain administrator14 for the Township will only review development only15 within the flood hazard area. So this application is16 not within a flood hazard area as defined by NJ DEP, so17 it will not be reviewed as a, as a purview of the18 floodplain administrator of the Township.19 MS. McGOVERN: It's not relevant to this. I20 mean, our engineer is just --21 THE WITNESS: And I read the flood management22 ordinance for your Township and it's broader in scope.23 MR. AFRAN: I'd like to just say, if I24 could, I'm sorry, it really is a legal issue at this25 84 stage and I haven't researched everything that's been1 said here, Mr. Plocker either at the moment, so my point2 of view, I think we have heard the witnesses answer,3 we've heard the expert give a viewpoint, I think we may4 have to develop this further through legal argument.5 CHAIRMAN BAGOFF: Not this evening.6 MR. AFRAN: Correct. Thank you.7 CHAIRMAN BAGOFF: Do you have anything else8 to say?9 MR. AFRAN: No. And I didn't mean to10 interrupt.11 CHAIRMAN BAGOFF: Would any other members of12 the public have any questions for Mr. Gallagher on his13 testimony? Please come up.14 THE PUBLIC: Debbie Jensen, West Orange.15 I have a question based on what you just16 said about the floodplain. If there was not a17 floodplain but the development created a floodplain,18 does that happen?19 THE WITNESS: It could create a nuisance20 flooding issue, that's possible.21 THE PUBLIC:

the floodplain. If there was not a17 floodplain but the development created a floodplain,18 does that happen?19 THE WITNESS: It could create a nuisance20 flooding issue, that's possible.21 THE PUBLIC: Okay.22 THE WITNESS: Doesn't mean, this isn't part23 of it, it doesn't mean it's within the 100-year24 floodplain as mottled by FEMA or NJ DEP, there could be25