PB 24 01 West Essex Highlands Inc Draft Resolution

68. Mr. Gallagher admitted that while he was aware that the DEP had issued an LOI to the Applicant, and he had read the LOI, he did not review all the supporting documents that were provided to the DEP that formed the basis for the decision by the DEP to issue the LOI. Mr. Gallagher admitted that before issuing an LOI, the DEP inspects the soils of a site, reviews hydrology and vegetation. Gallagher also admitted that during the 20 months that the matter was pending before DEP, no one from his firm had submitted any comments related to the application for this site. 69. The Mayor of neighboring Essex Fells testified that Essex Fells owns 17 acres of land known as the Essex Fells Country Club. Located in close proximity to border of the property in question and along the Canoe Brook River. Essex Fells owns a water treatment plant that the Borough of Essex Fells is investing 2.7 million dollars to process clean drinking water. The Mayor offered concern, but no proof by way of expert testimony, that the flooding in the area that occurs several times a year will be made worse if the project is built. While the Mayor offered concern that additional flooding may harm future drinking water, he offered no proof by way of expert opinion, test results or engineering design criticism. 70. In response to the Mayor of Essex Fells testimony, the Board Engineer pointed out that the flooding problem being experienced in Essex Fells may be due to blockages downhill from the area in question which are located in Essex Fells and not due to stormwater flowing from West Orange. 71. Gregory Mascera, Esq., attorney for Verona Township, advised the board that there is a resolution from the Verona Planning Board that limits development on Howell Drive to single family homes. He requested that if the application is approved that the