June 30, 2025, Planning Board Special Meeting Transcript - WEHI

37 of 70 sheets Page 145 to 148 of 175 08/07/2025 02:56:42 PM 145 that I have reviewed on the soil testing, yes, I do have1 similar concerns with the discrepancy that Princeton2 Hydro indicated. But on top of that it would be3 reverified again in construction as well as post4 construction. And if there are any issues with that5 certified testing it will be addressed by the applicant6 during construction as well as verified again post7 construction.8 MR. PLOCKER: And we agree with that.9 CHAIRMAN BAGOFF: So Mr. MacNeill, you are10 saying on the record that there are milestones that will11 be observed in order to make sure that not only Essex12 Fells but Vernona remains safe and that these issues the13 Mayor brought up are mitigated?14 MR. MacNEILL: Exactly. So after board15 approval during construction you still have to comply16 with all local state and federal regulations for17 construction. And one of the big parts of that is the18 construction of the stormwater BMPs. And you will see19 in any municipality there's failing basins. Right. So20 DEP has required the soil testing to avoid failures in21 basins. This will be reviewed multiple times in22 construction and after construction. We will have site23 inspectors on-site while they're excavating, while24 they're backfilling, while they're placing infiltration25 146 basins in the sand layer, while they're compacting.1 There is multiple levels of soil testing as well as soil2 testing inspections that will be completed to ensure the3 initial design is followed in construction and post4 construction.5 CHAIRMAN BAGOFF: Mr. Afran.6 MR. AFRAN: Can I ask the engineer a7 question.8 If you have concerns similar to that of9 Princeton Hydro, at this stage wouldn't it be prudent10 for these tests to be done before the board approves the11 plan, rather than waiting until after significant work12 has been done with intangible outcomes?13 MR. MacNEILL: I will reiterate, DEP14 reviewed all submitted soil testing and, again, DEP15 writes these regulations for soil testing requirements.16 DEP has reviewed everything that has been submitted and17 has issued permits to the applicant.18 MR. AFRAN: I understand that, but as an19 engineer you are equally capable.20 MR. MacNEILL: I am comfortable, as the21 board engineer, allowing the applicant to move forward22 in construction and completing soil construction during23 post

n19 engineer you are equally capable.20 MR. MacNEILL: I am comfortable, as the21 board engineer, allowing the applicant to move forward22 in construction and completing soil construction during23 post construction which complies with Chapter 12 NJ BMP24 manual prepared by the NJ DEP.25 147 MR. AFRAN: Does that manual anticipate a1 situation where the board's engineer agrees with the2 objectors engineer that more testing should have been3 done?4 MR. PLOCKER: Objection. The permits have5 been appealed. The objector group has lodged an appeal6 in addition to a couple other organizations. That rests7 within the jurisdiction of Superior Court Appellate8 Division. Let them hear it, let them decide. It's not9 an issue for this board. The way Mr. MacNeill, the10 engineer, characterized it, that is acceptable to the11 applicant as a condition of approval during12 construction. So to waste time on this when clearly it13 is an issue that they have raised by the way of14 Princeton Hydro and over 200 objectors voiced their15 concerns during the approximately 18 month process that16 these permits sat at the DEP. So let it be in the17 jurisdiction where it's supposed to be.18 CHAIRMAN BAGOFF: Okay. Before --19 MR. AFRAN: Our position is this board does20 have jurisdiction over this aspect of the plan, so we21 respectfully disagree.22 CHAIRMAN BAGOFF: We're going to, as a23 condition, evaluate everything that's presented before24 the board and we'll come up with a reasonable decision25 148 based on everybody's testimony.1 MR. KLEIN: One more question.2 So Mayor, you talked about, you said 10-foot3 -- the Canoe Brook is roughly 10-feet wide but can get4 as wide 150 yards wide when this flooding situation5 occurs. Do you have some sort of mapping that shows6 that? Is there some kind aerial photograph that you can7 document that?8 THE PUBLIC: Yes. Personal experience on9 this golf course so it's we'll marked. Right. So I10 have seen water. I also know because we own the water11 utility building exactly on that property. So I have12 seen surveys, I've seen property owners, I've seen when13 it rains. What I'm describing is 150 yards wide, that's14 basically looking at a regular storm, which I've seen15 multiple times from impacting the building in Essex16 Fells on the western side of the bank of Canoe Brook.17 Right. Water starts there, that's the flooding. Water18 on the other

rm, which I've seen15 multiple times from impacting the building in Essex16 Fells on the western side of the bank of Canoe Brook.17 Right. Water starts there, that's the flooding. Water18 on the other side of this ponding, this is just in that19 one area is basically before there's a golf hole there20 that I think is the first hole of the Essex Fells21 Country Club and basically it goes right up to that22 Green. So that distance, which I both observed, I know23 is the 150 yard marker next to it, so I know that. In24 addition I know through experience, I got a Google Maps25