2 ZBA Application

requirements to provide an Environmental Impact Statement (hereinafter “EIS”), in the areas of tree counting (the counting by the Applicant of only trees having a circumference of 6 inch in diameter or greater instead of trees of diameters of 4 inches or greater), that one of the purposes of the required EIS and Tree Ordinance is to preserve the maximum number of trees as possible, and to encourage invovative design and grading for storm water management, and that the Board might be criminally liable if it approves a project that might have an impact on an endangered species or its breeding ground (pertaining to the Indiana Bat); and WHEREAS objector Kevin Malanga offered the testimony of Sally Malanga of 57 Ridge Road, Ms. Malanga testified about her finding of fill dirt after the last construction by the Applicant, about hiring Bruce Kirshner to do a tree survey, and about her correspondence with Msgr. Kelly regarding the Application; and WHEREAS objector Kevin Malanga testified that the reason for his objections to the project are due to the impact it will have on his privacy, property values and the environment asa whole, and his concern regarding the possible use of illegal fill in the last phase of construction; and WHEREAS objector Kevin Malanga offered the testimony of Brian Friedlich, P.E., a licensed professional engineer of the State of New Jersey, who was accepted by the Board as such, Mr. Friedlich testified that a better idea for the project would be for an underground facility for storm water management, possibly -~11-