08 09 12 Cranford CDA Transcript (00091007)

CRUZ & COMPANY, LLC Page 1 to 1 of 164

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___________________________

LEHIGH ACQUISITION CORP. v.TOWNSHIP OF CRANFORD, ET Al.DKT NO. UNN-L-0140-08

CRANFORD DEVELOPMENTASSOCIATES, LLC, ET AL., V.TOWNSHIP OF CRANFORD, ET AL.DKT NO. UNN-L-003759-08

Implementation of sitespecific builder's remedy inthe form of application byCranford DevelopmentAssociates, LLC, et al. forpreliminary and final siteplan approval, 215-235Birchwood Avenue, CranfordTownship, NJ, Block 291, Lot15.01 and Block 292, Lot 2and for an Order CompellingCranford to Consent toPlaintiff's Regrading of aPortion of Birchwood Avenue.

TRANSCRIPT OFPUBLIC HEARING

(DAY 2)

___________________________

BEFORE: DOUGLAS K. WOLFSON, ESQ. Hearing Officer

DATE: August 9, 2012

TIME: 10:00 a.m.

PLACE: Union County Courthouse Elizabeth, New Jersey

Reported by: Lea A. Cruz, CCR

CRUZ & COMPANY, LLCCertified Court Reporters

436 Morris AvenueSpringfield, New Jersey 07081

Phone: (973) 467-4123 Fax: (973) 467-8822E-mail: [email protected]

Page 2 to 5 of 164 CRUZ & COMPANY, LLC

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A P P E A R A N C E S:

HILL WALLACK, LLP202 Carnegie Center Drive - Suite 202Princeton, New Jersey 08543(609) 924-0808By: STEPHEN EISDORFER, ESQ.Attorneys for Cranford Development Associates

FLORIO PERRUCCI STEINHARDT & FADER218 Route 17 NorthRochelle Park, New Jersey 07662(201) 843-5858By: PHILIP J. MORIN, III, ESQ.Attorneys for Township of Cranford

A L S O P R E S E N T:

Elizabeth C. McKenzie, P.P., P.A.

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I N D E X

WITNESS NAME VOIR DIRE DIRECT CROSS

MICHAEL DIPPLE

BY: MR. EISDORFER 5 7

MR. MORIN --

WITNESS NAME DIRECT CROSS

PETER HEKEMIAN

BY: MR. EISDORFER 154

MR. MORIN 155

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E X H I B I T S

NO. DESCRIPTION PAGE

5

MR. WOLFSON: We're on a new witness, 1

Mr. Eisdorfer? 2

MR. EISDORFER: That is correct, Your 3

Honor. 4

MR. WOLFSON: Would you please ask the 5

witness to come forward. 6

MR. EISDORFER: Your Honor, I would 7

like to call Michael Dipple.8

M I C H A E L D I P P L E, having been duly sworn, 9

testified as follows: 10

VOIR DIRE EXAMINATION BY MR. EISDORFER:11

Mr. Dipple, would you tell us your 12 Q.

profession.13

Sure. I'm a professional civil 14 A.

engineer in the State of New Jersey. 15

And do you hold any licenses? 16 Q.

Yeah. I hold professional engineering 17 A.

licenses in New Jersey, New York, and Pennsylvania. 18

And how long have you been practicing 19 Q.

that profession? 20

This will be 21 or 22 years. 21 A.

Would you describe your educational 22 Q.

background for us. 23

Yeah. I have a bachelor of civil 24 A.

engineering from Rutgers University. 25


6

And do you have any specialized 1 Q.

experience in dealing with flood hazard areas? 2

Yes. When I started my career I 3 A.

actually worked on flood plain studies doing 4

hydrology and hydraulics, and over the course of my 5

career I've submitted many flood hazard area 6

applications -- or they used to be referred to as 7

stream encroachment applications -- to the DEP for a 8

variety of different types of development. 9

Would you describe for us your 10 Q.

employment history.11

My employment history, began with 12 A.

Killam Associates, where I was a member of the storm 13

water management division for about three and a half 14

to four years. We worked on reviews of storm water 15

management plans submitted by other developers for 16

various municipalities. We did a number of 17

hydrologic and hydrolic studies of river channels 18

including the east branch of the Rahway River, the 19

Peckman River. There's another big one, Millstone 20

River in central New Jersey. I then moved on to a 21

firm that specialized in land development 22

applications, and I was there for six years working 23

on a variety of land development applications, 24

testifying in front of planning and zoning boards. 25

7

I then moved on from that location to another firm 1

where I was director of land development in the New 2

York and New Jersey region, and I worked there for 3

six years. 4

And then in 2006 I opened up my own 5

firm with a partner, L2A Land Design, based in 6

Englewood, New Jersey, and we specialize in land 7

development applications, primarily for private 8

development. 9

EISDORFER: I offer this witness as an 10

expert in civil engineering. 11

MR. WOLFSON: Any voir dire? 12

MR. MORIN: None, no. 13

MR. WOLFSON: All right. I'll accept 14

Mr. Dipple as an expert witness in the field of 15

civil engineering and hydrology and allow him to 16

offer opinions with regard to those areas.17

EXAMINATION BY MR. EISDORFER: 18

Mr. Dipple, have you prepared plans for 19 Q.

the proposed project at 215-235 Birchwood Avenue? 20

Yes, I have. I've prepared a series 21 A.

of plans, the latest being entitled, "Preliminary 22

and Final Site Plan and Application For Flood Hazard 23

Area Individual Permit," which is on the easel in 24

front of us and the subject of today's proceedings, 25

8

I believe. 1

MR. WOLFSON: Is it marked yet, Steve. 2

Is this the plan we have marked as A-4? 3 Q.

I believe so, dated 6/4/2012. That's 4 A.

correct. 5

In connection with that, did you also 6 Q.

prepare an engineering report? 7

Yes. The engineering report, which is 8 A.

part of an application for a flood hazard area 9

permit and also supporting documents, which is 10

typically required for site plan approval in any 11

municipality in New Jersey. 12

Now, have you prepared any other 13 Q.

reports in this matter? 14

Yes. I've prepared a variety of 15 A.

reports with some assistance from Princeton Hydro. 16

We've prepared reports for flood hazard area 17

permits, specifically an application report; the 18

engineering report, which I mentioned; an 19

environmental report, detail of public notice. And 20

then there's a variety of other things that are not 21

in report form but constitute an application for a 22

flood hazard area individual permit. 23

Now, let me show you the document that 24 Q.

we've pre-marked as A-12.25

9

Oh, and sanitary sewer capacity study. 1 A.

My apologies. 2

Let me show you the document we've 3 Q.

marked as A-12. Can you tell us what that is. 4

That is a letter from me dated July 5 A.

31, 2012. It's addressed to Mr. Morin, and it is a 6

response to comments that we received from the 7

various professionals of Cranford Township. 8

Let me show you a document we've marked 9 Q.

as A-13. 10

Yes, A-13 is a letter, again, from me 11 A.

dated August 6, 2012, again, addressed to Mr. Morin. 12

And this letter describes or it supplements A-12 on 13

a couple of points that were raised by Mr. Marsden 14

and then further discussed at a meeting at the 15

township on August 1, 2012. 16

What I'd like you first to do is just 17 Q.

to describe the general area. Do you have an aerial 18

map that would assist you in doing that? 19

I do. 20 A.

MR. EISDORFER: We have marked this 21

as -- we pre-marked this as A-8. 22

MS. McKENZIE: Got it. 23

MR. MORIN: A-8. 24

MR. EISDORFER: A-8. That fills the 25


10

hole. 1

Go ahead. If you would, Mr. Dipple, 2 Q.

please describe the general area in which the 3

proposed project is located. 4

Okay. A-8 is an aerial photograph. 5 A.

It's taken from Google Earth. The imagery date is 6

given as June 17, 2010, and I would submit that it 7

depicts the existing conditions within this area. 8

In the center of the -- again, this aerial, the top 9

of the aerial is north. This is true north to the 10

top and then west is to the left, east is to the 11

right, and south is to the bottom of the photograph. 12

So running through the middle of the site in an 13

east-west fashion generally is Birchwood Avenue. 14

And the subject site, 215 Birchwood Avenue, is shown 15

with a rectangle for the office building and then 16

the large existing parking area to the rear access 17

point onto Birchwood Avenue to the east and west of 18

the building. To the west is 235 Birchwood, which 19

is a two-story office building. You can see some 20

associated parking through the tree canopy. To the 21

north, of course, is the Verizon site on the 22

opposite side of Birchwood Avenue. To the northeast 23

is the DPW site. And then further to the west of 24

the subject property is a small existing office 25

11

building, I believe it's one story. There's a large 1

tree wooded area to the southwest of the property. 2

Orange Avenue runs along the west side generally in 3

a north-south direction with single family homes 4

around the right of way. To the south of the 5

property generally, again, running in an east-west 6

direction is Wadsworth Terrace with single family 7

homes on either side. Immediately to the east of 8

the subject property, probably the most prominent 9

feature in the photograph is the -- is the elderly 10

care center which is kind of an odd shaped building, 11

and it has associated parking. And then beyond that 12

is Cranford Avenue running in a northwest direction 13

with single family residences, again, to the east of 14

that. 15

Now, can you describe the topography of 16 Q.

215-235 Birchwood Avenue. 17

Yeah. It's relatively flat, and I 18 A.

would describe it as terraced. 19

215, which is the larger of the 20

facilities, is at a much higher elevation. It 21

really doesn't have much slope from the front to the 22

back or east to west, generally very much impervious 23

surface and, again, sloping maybe generally a little 24

bit to the rear, but relatively flat. Same thing 25

12

with 235; however, it's at a much lower elevation. 1

It's very flat. I believe the elevation is 2

somewhere around 76, and it's wooded and it 3

generally slopes a little bit to the rear, but I 4

would describe this as very flat and somewhat 5

terraced. 6

Now, let me ask you to look at sheet 2 7 Q.

of the site plan of A-4.8

Sheet CO-2? 9 A.

That one.10 Q.

C for civil? 11 A.

Now, if you would, would you describe 12 Q.

the features of this site as shown on this sheet.13

Yeah, this sheet is entitled, 14 A.

"Existing Conditions Plan." And it's effectively a 15

topographic survey of the property as it existed 16

in -- as it exists today. It hasn't really changed 17

at all. So this plan depicts the existing office 18

buildings on 215 and 235. You can see the curbing 19

and driveways and paved areas, features that are on 20

site. We also show topographic contour lines, which 21

give an elevation based upon, you know, the 22

applicable datum here on this property. So, again, 23

looking at 235, we have the general elevation of 24

about 76 feet above that datum. And then when we go 25

13

over to 215, we have general elevation of about 79 1

or 80. So that's that terraced effect that I 2

described earlier. Birchwood Avenue is running east 3

to west. North on this drawing is slightly skewed 4

to the left, so I'm going to refer to the top of the 5

drawing as north just to be consistent. North is a 6

little bit to the upper left of the page. 7

So it also shows that large wooded area 8

which is on the site, and it exists to the southwest 9

of 215 and directly to the south, I guess, of 235. 10

And that's a large area of freshwater wetlands. 11

It's wooded. On the bottom of the page you can see 12

the backs of the homes that are on the north side of 13

Wadsworth Terrace. On the left side of the page you 14

can see that existing office building and a little 15

bit of the parking lot coming in to the rear. On 16

the east of the page you can see a little bit of the 17

elderly care facility, just to the east. 18

And then I have two lines that are 19

prominent on this page and one of which is a solid 20

line, which runs generally in a north-south 21

direction and that is the floodway line. I know Mr. 22

Lessard spent a little bit of time yesterday in his 23

testimony on the floodway line. I have that 24

labeled, "Rahway River, Branch 1024, Floodway 25


14

Limit." There's also a dashed line, which again 1

runs generally in a north-south direction closer to 2

215 Birchwood Avenue, and I have that labeled as the 3

existing Rahway River, Branch 1024, Flood Hazard 4

Area Limit. 5

I just want to correct Mr. Lessard's 6

testimony just a little bit. He referred to that as 7

the "Flood Fringe Line." He's not really incorrect, 8

but it's really called the "Flood Hazard Area 9

Limit." That's the official term of that line. The 10

area in between those two lines is the flood fringe. 11

Now, is there some kind of stream or 12 Q.

creek on the site? 13

Yes. 14 A.

Can you point that out to us? 15 Q.

Yes. That's all the way to the left 16 A.

side of the page running -- again, north to south is 17

a stream. It's officially called Rahway River, 18

Branch 1024. I've heard it referred to as Casino 19

Brook, but officially it's Rahway River, Branch 20

10-24. That -- right. That runs right along the 21

property line. That separates the subject property 22

at 235 Birchwood from the existing office building, 23

which is just to the west. So the property line 24

runs almost right down the middle of the stream. 25

15

Now, there's a feature shown south of 1 Q.

the existing parking lot. What is that? 2

In this rectangle?3 A.

No. I'm sorry. 4 Q.

This one?5 A.

That one there; the one inside the 6 Q.

dotted line. 7

There's an existing ditch on the 8 A.

property. It runs in an east-west fashion at the 9

back of the property. That ditch is there; it's a 10

manmade ditch and it takes flow from the adjacent 11

property, which is that elderly care facility. They 12

have a detention basin at the rear of the property, 13

and there's a head wall which is basically a pipe, 14

discharging out into that ditch. And that takes the 15

overflow or the outflow from the detention basin, 16

which is on the south side of the elderly care 17

facility, and that carries the flow in a westerly 18

fashion to the wetlands area and then eventually to 19

the stream. So that's an existing manmade ditch. 20

Now, I'd like you now to describe the 21 Q.

proposed project. Do you have a nice, a pretty map 22

to help us see that? 23

Yeah, I do. 24 A.

So this Exhibit A-14, already 25

16

labeled -- the drawing itself is still called "Site 1

Plan Sheet CO4." We've taken our site plan sheet. 2

We've superimposed the proposed landscaping on the 3

site, and we've colored it in order to help 4

testimony here. 5

Okay. Would you describe the 6 Q.

structures that are being proposed on the site.7

Yeah. The structures, the proposed 8 A.

residential structures, are shown in this brown 9

color. And on the left side of the page you see the 10

backward L-shaped structure, and that's Building A. 11

And then to the right side, the more prominent 12

feature on the site is Building B. And Building C 13

is the parking garage -- proposed parking garage in 14

the middle and surrounded by Building B. 15

So this is a footprint of the building 16

which was given to us by Lessard. We brought it in 17

to our site plan. The gray area is the proposed 18

asphalt driveways and parking areas. So we have two 19

driveways coming in off of Birchwood Avenue. One 20

generally in the middle of the site, opposite a 21

driveway to the Verizon parcel. And we have another 22

driveway to the east side of the site, and that goes 23

right out to Birchwood Avenue closest to the elderly 24

care facility. 25

17

And then I'm going to describe the 1

drawing first before I get into site. 2

The dark green area would be some of 3

the wooded area that is to remain on the property. 4

Again, this lower left-hand corner of the page, that 5

part of the site is encumbered by freshwater 6

wetlands. Then we have a fair amount of tree canopy 7

which will remain on the site specifically along 8

Birchwood Avenue. And then the back of the 9

property, and then we depict the existing tree 10

canopy along the eastern boundary line. The lighter 11

green is right now labeled as lawn, so that's just 12

grassed areas. And then some of the different 13

colors -- you see some landscaping, some ornamental 14

trees, some shade trees. We have a pool. So we've 15

shown that patio right now as like a red brick 16

color, and then the pool area is shown as a light 17

blue. 18

Okay. If you would, would you describe 19 Q.

the structures.20

Yeah. The structures themselves -- 21 A.

you heard the testimony from Mr. Lessard. And I 22

won't go into the upper floors of the building. 23

I'll just tell you about the functioning as it 24

relates to civil. 25


18

But the building -- I'll start with 1

Building A, and that is what we refer to as a 2

"podium-style building," so the residential units 3

would be above one level of parking. So as you 4

enter the site if you're -- if you lived in Building 5

A or you were visiting Building A, you would come 6

into the site and pull into the parking area which 7

is on the ground floor of Building A. Then you 8

would have levels of residential above you. And 9

then there would be a small lobby area where the 10

elevator would be inside the parking garage and 11

that's how you would access the building. 12

How many levels is that building? 13 Q.

It's three levels, I believe, over 14 A.

podium parking; so it's four total. 15

And then Building B is basically at 16

grade. There is no -- it's not a podium style 17

building like I described. It's at grade. It's a 18

four-story building. And, again, that's shown here 19

in the brown area with the different, you know, 20

wings of the building and areas of the building 21

surrounding a number of courtyards, and that allows 22

window exposure to all of the residential units. 23

And then Building C, as Mr. Lessard 24

described, is the multilevel parking garage. I 25

19

believe it's four to five levels of parking. And 1

that is surrounded by Building B, with the exception 2

of the eastern side where you have exposure and that 3

areaway that we discussed at length yesterday also. 4

Now, is the parking, does the parking 5 Q.

share walls with the residential structure? 6

I don't believe it physically shares 7 A.

walls, no. They're not one structure. They're two 8

separate structures. And, again, there's some 9

exposure which is that areaway, which is required 10

per the building code, but that's not my area of 11

expertise. 12

Okay. So what I'd like to do is just 13 Q.

sort of walk through the bulk standards applicable 14

to this project.15

Sure. 16 A.

Just, what is the set back from 17 Q.

Birchwood Avenue? 18

The set back from Birchwood Avenue -- 19 A.

would you care to go right through the table? 20

Sure go through the table. That would 21 Q.

be a convenient way to do it. 22

We have a zoning table which compares 23 A.

the proposed site to the applicable zoning; we're 24

using what's called the "inclusion area multi-family 25

20

residence" per Ordinance 2012-11. So we have a 1

small table here which compares the required to the 2

proposed. 3

So the minimum area tract area must be 4

15 acres; we're 15.86 acres.5

The minimum lot frontage needs to be 6

750 feet; we have 825.84 feet.7

The minimum front yard set back is 8

required to be 25 feet; we're proposing a minimum of 9

25 feet. 10

The minimum average front yard set back 11

is 30 feet; by our calculations we're 44.36 feet. 12

The minimum side yard set back is 13

required to be 55; we propose 62.37 feet. 14

Maximum impervious coverage, where 15

31.21 percent is permitted and there is a 16

calculation on how that -- that's from the existence 17

on December 9 of 2011 as it existed, so it was 31.21 18

percent. And we are proposing 31.10 percent, so 19

we're just under the existing. 20

Maximum building height, 55 feet. As 21

Mr. Lessard mentioned, we're in compliance; we're at 22

55 feet. 23

Maximum building height of Building A, 24

four stories; we are four stories if you include the 25

21

podium. 1

Maximum Building B height, four 2

stories; we are at four stories. 3

Minimum distance between multi-family 4

buildings, 25 feet; we're proposing 57.71 feet. 5

Minimum buffer to eastern lot line, ten 6

feet; we are proposing ten feet along the eastern 7

buffer line. 8

The minimum buffer to rear lot line is 9

150 feet. I'm showing greater than 150 feet. As 10

you heard Mr. Lessard testify yesterday we're in 11

concurrence with that. It's about 205 feet to the 12

rear lot line. 13

The maximum residential density, 360 14

units; we are proposing 360 units. 15

So that's the bulk standards. 16

There's also parking standards. 1.85 17

parking spaces per residential unit. Using 360 18

units that calculates to 666 parking spaces, and 19

we're proposing on our plan 667. So we're one over. 20

Mr. Dipple, let me just -- we're gonna 21 Q.

talk more about parking, but let me just pause on 22

your inspection of the impervious coverage -- not 23

impervious coverage, the side 10-foot buffer. I 24

point you to right by where the driveway is. Is 25


22

that really ten feet there? 1

It's not. We -- through one of the 2 A.

revisions that we did -- which I'm sure I'll talk 3

about more regarding the flood hazard area permit -- 4

I believe we moved the driveway to the east, and we 5

may have inadvertently violated that buffer set back 6

where right now on my plan I'm showing a buffer just 7

right here where the driveway pinches to this 8

property line of 8 feet, so that was an inadvertent 9

change to the plan. However, it can easily be 10

remedied by sliding that driveway back to the 11

10-foot setback. So when my plan shows 10, we 12

noticed that there was an 8-foot dimension on the 13

plan. And it should be noted that that could be 14

changed back to ten very easily. 15

MR. WOLFSON: Are you suggesting that 16

you want a variance for that or that you will, in 17

fact, comply. 18

MR. EISDORFER: That should be a 19

condition. We will, in fact, comply. This was just 20

an error in the revision. 21

MR. WOLFSON: All right. 22

Now, would you show us how the parking 23 Q.

is distributed around the site. 24

Yes. I can start with the at-grade 25 A.

23

parking. So going from the center of the site or 1

the westernmost driveway to the property, as you 2

enter and travel in a southbound direction, you 3

encounter six parallel spaces to your right and 19 4

perpendicular spaces to your left. So these are at 5

grade or site parking spaces. If you're to continue 6

past this small parking area and continue around the 7

south of the site and then start heading north along 8

the eastern side of Building B and C, you would 9

encounter a series of parking spaces which are 10

perpendicular and face east toward the elderly care 11

facility. And by my count, I'm looking at 64 12

parking spaces at grade within that parking area. 13

Other parking spaces are available, again, in the 14

podium part of Building A, and I'm showing a total 15

of 58 podium spaces. And then, of course, Building 16

C is a multi-story parking garage, and I don't have 17

the exact number. Oh, I do have it. 520 garage 18

spaces. So if you add all that up, you should 19

arrive at 667 total parking spaces. 20

Now, are you required to have guest 21 Q.

parking in this project? 22

Yes. Well, the RSIS identifies for 23 A.

residential developments the required number of 24

spaces. And with regard to apartment buildings and 25

24

multi-family buildings, the number of required 1

parking spaces includes an allowance for guest 2

parking, and that is half a space per residential 3

unit. And that is given in the residential site 4

improvement standards. 5

So how have you complied here? 6 Q.

We have -- we have complied by 7 A.

basically taking the total and complying with the 8

standard, and that includes the guest parking. 9

There is no specific area for guest parking. It's 10

just included in the overall number. 11

Now, are you required to have 12 Q.

handicapped parking? 13

Yes, we are. 14 A.

Have you determined how many 15 Q.

handicapped spaces you're required to have? 16

Yes. And there was some discussion 17 A.

with the construction official from the township 18

regarding the number. 19

By our interpretation of the Americans 20

With Disabilities Act, we believe that we're 21

required to have 14 parking spaces or two percent of 22

the total. So if you take two percent of 667, 23

again, it's the number of spaces you provide, not 24

required, you would get 13.25, I believe, which 25

25

rounds up to 14 total spaces. 1

Are any of those required to be van 2 Q.

spaces? 3

Yes. One out of every eight spaces is 4 A.

required to be van accessible. It's a slightly 5

larger striped area, maneuvering area. And we 6

provide two. By that calculation, two of those 7

would need to be van accessible. 8

At this point have you determined where 9 Q.

those handicapped or van accessible spaces would be? 10

No. Other than we do show on site we 11 A.

have at least one, if not two, van accessible 12

spaces. But, no, I don't think we've shown it 13

because there's multi levels of the deck, and we 14

haven't given those multiple levels. So there could 15

be van accessible spaces there. They will be 16

distributed on site. 17

Now, does -- tenants will move in and 18 Q.

out. Do you make any provision in this plan for, 19

you know, how they would bring their furniture on 20

to -- into their units? 21

Well, there's some discussion of -- of 22 A.

that recently. And we've come up with a plan to 23

address one of the comments that I believe was from 24

the -- the police department from Cranford Township. 25


26

And we've discussed a -- a loading space immediately 1

in front of Building A where we have one parking 2

space which kind of exists by itself and then a 3

little landscaped island. So what we'd like to do 4

is to provide that as a combination space, a loading 5

space, and a parking space. And that would be about 6

50 feet in length and about 7 or 8 feet wide, and 7

that could provide loading for Building A. And then 8

there's an opportunity in the rear of -- or I'm 9

sorry, to the east of Building B; actually, it's 10

right along the east side of Building C where 11

there's a long sidewalk. And discussion there was 12

to place that loading space in that area, and that 13

would provide a loading space should someone arrive 14

with a larger vehicle, and they could use that space 15

and stand there for a short period of time. 16

Now, do you envision that -- that 17 Q.

trucks will actually go through the garage? 18

No, not large moving trucks. I would 19 A.

think small vans, you know, maybe U-Haul type. But 20

there will be a limit on the height, and the driver 21

would have to be aware of what height vehicle he's 22

driving. 23

So the ordinary loading was -- would be 24 Q.

people would unload outside -- at the driveway and 25

27

then park things and into the apartments? 1

I think if they arrived in a larger 2 A.

vehicle they could do that. I honestly think that 3

most of this will arrive in smaller vehicles, and 4

they can use the parking area parking levels; 5

parking site, parking area. I don't want to say 6

that they're precluded from doing that. I just 7

think that the size of these apartment units, that 8

they would probably arrive in a much smaller 9

vehicle. But if they got a delivery, the delivery 10

could use that space. 11

Now, where would the ingress and egress 12 Q.

to this project be? 13

Ingress and egress is provided along 14 A.

Birchwood Avenue. The western driveway is near the 15

center of the site across from the driveway to the 16

Verizon site, and then the other driveway is to the 17

east closest to the elderly care facility. 18

Have you determined whether those -- 19 Q.

the ingress and egress have adequate site lines? 20

We -- we have, and we believe that 21 A.

they do. I believe we used the -- the current ASHTO 22

standard for site lines, and we've determined that 23

there's no obstruction either east or west along 24

Birchwood Avenue for those driveways, but they would 25

28

have to comply with that. 1

Now, how wide is your internal 2 Q.

driveway? 3

The internal driveway is 24 feet wide 4 A.

throughout the development which is in compliance 5

with residential site improvement standards. 6

Now, have you assessed whether a fire 7 Q.

truck can be maneuvered around that driveway? 8

Yeah, we have. We received a comment 9 A.

from the Cranford fire official. We had a meeting 10

which he attended and it was discussed and, yes, 11

we -- his comment was, one of his comments was 12

specifically there are two turns at the southern 13

side of Building B where he requested that we check 14

the maneuvering there, and he provided a template 15

for a truck. I assume it's a truck they own or they 16

will purchase. And he asked that we check that that 17

truck can maneuver around those turns and we did 18

that and -- 19

Do you have a picture that illustrates 20 Q.

how they would get around those turns? 21

We do. This one's not colored. It 22 A.

might be difficult to see from the back. It's 23

labeled A-15. And the drawing is entitled "Truck 24

Turning Exhibit." It depicts those two turns that I 25

29

was referring to within the site circulation 1

driveway and the southern portion of Building B, so 2

the rest of the site would be to the top of the 3

page. We depicted two fire trucks and also, again, 4

it's probably very difficult to see from the back, 5

but we have dashed lines which trace the wheel path 6

and the -- the outside bumper path of the trucks. 7

And, again, these turning radii were taken directly 8

from the turning template that was provided by 9

Cranford Township. What it shows is that we could 10

improve upon the inside turning radii of the -- of 11

those turns given this vehicle that was provided. 12

So what we've done in this drawing is we've modified 13

those turns very slightly so that the truck can 14

maneuver through this area. 15

Can you explain to us how this project 16 Q.

would be served by public water. 17

Yes. Public water -- and I'm going to 18 A.

refer to a different page in my site plan set. I'm 19

going to refer to Drawing C-05 which is entitled, 20

"Grading Drainage and Utility Plan." Currently 21

there is an 8-inch water main which runs down 22

Birchwood Avenue east to west. It is on the site 23

side of the -- of Birchwood Avenue, and there are a 24

number of fire hydrants, two, I believe, right in 25


30

front of our site. And this development would 1

propose to connect to the existing water main almost 2

directly beneath the western driveway, and then we 3

would propose to construct a loop system around 4

Building B and C. From that you would be able to 5

tap domestic fire and service lines to serve both 6

Building A and Building B. 7

Have you made a determination as to 8 Q.

whether there's adequate water to provide potable 9

water and fire service? 10

There is an ongoing discussion about 11 A.

the adequacy of the water. Right now we're showing 12

the existence of the 8-inch main out on Birchwood 13

and then an 8-inch loop around the building. The 14

Cranford Township fire official has requested that 15

the Birchwood Avenue main be increased to 12-inch 16

and that the loop also be 12-inch to service this 17

facility. He also provided hydrant flow data, which 18

shows that under the standard 20 psi of pressure, 19

that currently they've tested in 2010 and found that 20

one of the hydrants provided 1583 gallons per minute 21

under that standard 20 psi pressure. The other one 22

I believe was 1624, but I'm -- I might be off by a 23

little bit. Again, at that 20 psi. 24

Psi being? 25 Q.

31

I'm sorry, pounds per square inch is 1 A.

the pressure. The larger numbers I gave are in 2

gallons per minute; GPM, gallons per minute. 3

Now, have you obtained other flow data? 4 Q.

We did. 5 A.

Let me show you the document that's 6 Q.

been marked as A-16. 7

All right. A-16 is a hydrant flow 8 A.

test report from New Jersey American Water. And 9

what is common when we start a project is to 10

basically check the -- check the water service and 11

contact all of the utility companies to see if their 12

existing services are adequate to service this type 13

of facility. So this is really at the outset of the 14

project. And this hydrant flow test, which I 15

believe was requested by us, if it was performed -- 16

it says August something 2009. It's a little -- 17

it's just written on the -- it's just written on the 18

front of the test. And this hydrant flow test 19

report was for two different hydrants, one they show 20

at 4 -- they both show at Birchwood Avenue and with 21

it is a small map, the second page, which indicates 22

that the fire flow tests were taken at the two 23

hydrants immediately in front of the site on 24

Birchwood Avenue. And the first test showed that 25

32

there was 1979 gallons per minute at that same 1

20-pounds-per-square-inch flow, and the other 2

hydrant showed that there was 2154 gallons per 3

minute, again at that standard 20 psi. So the New 4

Jersey American Water results were somewhat higher 5

than the data that was provided to us by Cranford 6

Township. 7

If it turned out that a higher flow was 8 Q.

required, would it be feasible to provide that flow 9

through utility upgrades? 10

Yes, it would be -- it would be 11 A.

upgrading the size of the main from Orange Avenue 12

down to the project site, just past the project site 13

on the eastern side and increasing that existing 14

main to that 12-inch that was requested by the fire 15

official. And then also increasing the size of the 16

loop through the site to that 12-inch. And that 17

would provide an increase in the amount of flow 18

given that the pressure really isn't gonna change 19

and the pipes would carry more water. 20

Now, have you -- how would sanitary 21 Q.

sewer service be provided to the site? 22

Well, there's an existing sanitary 23 A.

sewer, which runs from the existing office building 24

to the west of our property. It runs in a 25

33

southeasterly direction through this wetlands area. 1

It then continues in an easterly direction to the 2

south side of the project. I believe it also brings 3

flow from the elderly care facility in a westerly 4

direction. They all meet at a manhole which is just 5

to the south of the proposed site near the existing 6

ditch. Then an existing sanitary sewer continues 7

southerly into North Union Avenue -- Street, which 8

butts into the back of the property in between two 9

residential units on Wadsworth Terrace. That 10

sanitary sewer continues down to Wadsworth Terrace, 11

heads easterly, goes past the Bloomfield School -- 12

Bloomingdale School, I'm sorry, and then continues 13

all the way out to -- past the Parkway. 14

So sanitary sewer would be provided 15

through a proposed sanitary sewer which would run in 16

between Building A and Building B in a southerly 17

direction, connect to that existing manhole, and 18

then would provide the sanitary sewage flow into 19

that existing system. 20

Who provides treatment for that public 21 Q.

sanitary sewer system? 22

The joint union of Union and Essex 23 A.

County. 24

And have you determined whether they 25 Q.


34

have adequate capacity to service this project? 1

We have. We've -- we've contacted 2 A.

them and -- and we don't -- we don't have any 3

issues. We have not submitted the treatment works 4

approval yet, but that would be forthcoming. 5

Now, the have you determined whether 6 Q.

the -- the conveyance system can accommodate this 7

additional flow? 8

Yes. We prepared in -- in January of 9 A.

2009 at the outset of the project, we prepared a 10

sanitary sewer capacity study and that was prepared 11

by my office for the S. Hekemian Group. 12

So the point of the study was to look 13

at the sanitary sewer system from the development 14

and continue downstream really till it left 15

Cranford, and I believe it goes to Roselle Park or 16

Roselle. My apologies. I think it goes to 17

Roselle -- Rochelle Park. Roselle is near me. The 18

borough of Rochelle Park. 19

A VOICE: No. Roselle. 20

Roselle. See I'm a Bergen -- 21 A.

MR. WOLFSON: Has this been marked? 22

MR. EISDORFER: A-17. 23

MR. MORIN: Rochelle Park is where my 24

office is. I wish it was Roselle Park. I wish it 25

35

was. 1

So my apologies. It's Roselle Park and 2 Q.

I know that very well. 3

MS. McKENZIE: Now you do.4

I lived in Union County for awhile. 5 A.

So I'm sorry, I got off the subject 6

matter. But that -- so we studied the existing 7

sanitary sewer from the site down to where it 8

crosses the corporate limit of Cranford, and 9

specifically we studied 17 different pipes, and we 10

did that by installing flow meters at five different 11

locations. So we broke up the run and we 12

strategically placed these flow meters, tried to 13

space them out evenly, tried to be downstream of 14

large junctions, of sanitary sewers so we could 15

accurately measure the sanity flow that exists in 16

that system, and we measured that flow through a 17

period of one month. Which is a pretty good 18

duration and within that month we've got a number of 19

rainfall events, so I think it was a very good time 20

in which to study the flow, and I think we got very 21

accurate data for that study. So then taking that 22

data, we used sanitary sewer maps that were provided 23

by Cranford Township. I obtained them myself in 24

person from Mr. Zielenbach (phonetic) at the 25

36

township a few years ago, and -- and then we took 1

that, which gives the location of the sewer, the 2

inverts of the sewer so we could -- and the size of 3

the sewer and we could use that data to model the -- 4

the flow as it goes down the system. And we did 5

that and then we took the flow, which would come 6

from this development and we did this very 7

conservatively. We -- we took a -- we took the flow 8

based upon the DEP projected flow rates, and we used 9

a higher peaking factor. And a peaking factor is a 10

factor between the peak flow you would expect to see 11

and the average flow. So we used a conservative 12

number there. And we continued our study downstream 13

and we came up with some summaries and conclusions. 14

And what were those conclusions? 15 Q.

We concluded that of the 17 pipes, 16 A.

and, again, I believe there's 17, we found that 17

three pipes -- initially three pipes downstream did 18

not have adequate capacity to carry neither the 19

existing flow nor the proposed flow, so I have a 20

table which is entitled, "Summary of Post 21

Development Capacity Analysis," and I either say 22

okay or no, and in three instances I say no. And we 23

found that the pipes are really flat. They're 24

actually dead flat. So with that, when you run 25

37

hydraulic calculations of pipe that is flat, you get 1

no capacity. Nothing will flow by itself down a 2

flat pipe. 3

MR. WOLFSON: You mean slope. 4

Slope, I'm sorry, yeah. Zero slope on 5 A.

those pipes. 6

One of which runs underneath the Garden 7

State Parkway. That was all the way downstream just 8

before it left Cranford, and it was a large pipe 9

and -- and, again, it exists below the Garden State 10

Parkway. 11

Another one was just upstream of the 12

Bloomingdale School. There was a pipe there which 13

also had, you know, by calculation no capacity. And 14

then there was another one which had just minimal 15

capacity, just not enough to carry the proposed 16

flow. However, this, we did further analysis 17

because we were suspect of the data that were 18

provided on the sewer maps, and we found that -- I 19

believe it's that third pipe that I mentioned that 20

the invert data was actually incorrect, and we did a 21

field survey and found that that pipe did actually 22

have sufficient slope and it would carry the flow. 23

So I believe the results of my analysis were that 24

there were two pipes, the one that was underneath 25


38

the Parkway and the one near the Bloomingdale 1

School. 2

Now, what is the significance of that 3 Q.

data for purposes of determining whether the 4

conveyance system is adequate to carry the 5

additional flow that would be generated by this 6

project? 7

Well, under existing conditions it 8 A.

flows now. The pipes are extremely deep. In some 9

cases the pipes are up to 25 feet from the invert to 10

the grade. So the bottom of the pipe to the grade, 11

it's as deep as 25 feet. One of the pipes that 12

we're referring to that has inadequate capacity 13

looking at the maps just now again, it was in the 14

range of about 20 feet. So it's 20 feet below 15

surface. So what happens is these pipes rely on 16

pressure from the water coming down, the momentum of 17

the flow carrying down the pipes that are adequate, 18

and they continue and basically the water gets 19

pushed through the pipes -- and this is again 20

laymen's terms -- so it goes under what's commonly 21

referred to potentially as a surcharge condition. 22

So the water backs up and then pushes the water 23

through that pipe until it gets to a pipe that has 24

capacity, and then it flows by gravity flow. That's 25

39

another term that we use, "gravity flow." So those 1

pipes have the -- they have the capacity to do so. 2

Does the current system in fact 3 Q.

function adequately? 4

I believe so. In fact, when we first 5 A.

arrived in Cranford and started this study, we were 6

told that there were no problems with this main. I 7

don't know if they've experienced problems since, 8

but we believe that due to the depth of the pipes, 9

No. 1, and due to the fact that there really is not 10

a lot of flow in the pipes, that I believe that it 11

would act -- that the system is adequate to carry 12

the flow. And, again, we're talking about two 13

pipes, one of which goes under the Garden State 14

Parkway; it's a large pipe and it carries flow under 15

the Parkway. I don't think there's any problem with 16

sanitary sewage flowing out onto the Garden State 17

Parkway. So I believe it adequately carries the 18

flow. 19

How much additional flow would be 20 Q.

generated by this project? 21

It is a total, now, that -- it can be 22 A.

given a number of ways. By DEP calculations, it's 23

given in gallons per day. So for instance, a 24

1-bedroom unit would contribute 150 gallons per day, 25

40

and a 2-bedroom unit would generally contribute 225 1

gallons per day. So when you add it all up, and, 2

again, this study was based upon 422 residential 3

units. We haven't rerun the calculation, but I was 4

getting 83,850 gallons per day. With a 360 units 5

you can imagine that would be probably below 80,000, 6

probably 75, 76,000 gallons per day off the top of 7

my head. 8

What would the impact be on the 9 Q.

conveyance system? 10

Well, we don't really see an impact 11 A.

because under our study, we don't see any indication 12

that the development would cause the problem. We 13

have some flat pipes; we're aware of that. We also 14

have some pipes that flow at very, very slow 15

velocities, and that would actually only be improved 16

upon by adding more flow to these pipes. It would 17

actually flow quicker and therefore flow more 18

uniformly, not separating the liquids and the 19

solids. 20

So do you have an opinion as to whether 21 Q.

based on this data the conveyance system is adequate 22

to carry the additional flow? 23

I do, and I believe it is adequate. 24 A.

Is this project going to require 25 Q.

41

permits from the New Jersey Department of 1

Environmental Protection to be constructed? 2

Yes, it will. It will require a 3 A.

number of permits from a number of different 4

agencies. I mentioned the treatment works approval 5

permit, which is a permit for the sanitary sewer, 6

and that will be required to be approved not only by 7

Cranford Township but by the joint meeting of Union 8

and Essex and the DEP. The site will require a 9

flood hazard area permit because of the existence of 10

the flood plain for Branch 1024. It will also 11

require a variety -- I think some have been 12

identified recently of wetlands permits, perhaps a 13

DEP one or two as well as a transition area waiver 14

permit, I believe the correct name is. 15

Have you secured a determination of 16 Q.

where the wetlands are located? 17

Yes, we have. At the outset of the 18 A.

project we delineated the wetlands, so we had a 19

wetlands expert arrive at the site and identify 20

where the wetlands are, and he flagged the wetlands 21

and then we had those flags surveyed. And then as 22

standard course of action we took that survey with 23

the flags and we submitted it to the DEP for a 24

letter of interpretation, an LOI. And the DEP did 25


42

issue an LOI regarding the wetlands, which then 1

identifies the existence of the wetlands and the 2

exact location of those wetlands; it gives the 3

official boundary of the freshwater wetlands. 4

Let me show you the document we've 5 Q.

marked as A-18, and I ask you to identify that 6

document. 7

This document is the letter of 8 A.

interpretation line verification from the Department 9

of Environmental Protection. It's addressed to Mr. 10

Michael Raymond from Princeton Hydro, who was our 11

sub consultant on the project. It is dated August 12

20 of 2009. 13

Now, are the wetlands boundaries that 14 Q.

were approved in that letter of interpretation shown 15

on your plans? 16

Yes, they are. They're shown 17 A.

throughout the set as a -- as a light dashed line, 18

and there's little triangles which indicates where 19

the flags were with the flag numbers. That's the 20

standard way of identifying the limit of the 21

freshwater wetlands in the south. Generally in the 22

southeastern -- western part of the site. 23

Now, you have -- you've indicated that 24 Q.

you're making an application, you have made an 25

43

application for a flood hazard area permit? 1

That's correct. 2 A.

As part of that flood hazard area 3 Q.

permit does the DEP also review compliance with the 4

wetlands regulations? 5

Yes. You traditionally submit the 6 A.

applications together with one land use regulation 7

program form -- alert form -- and that includes 8

areas for freshwater wetlands as well as flood 9

hazard areas, so they were submitted together. 10

Does that also include storm water 11 Q.

management? 12

Yes, it does. That's a component of 13 A.

the application for flood hazard area. 14

Let's look at this project in terms of 15 Q.

the location of the wetlands. Does any of this -- 16

does any of the project intrude -- what's the right 17

map to look at? Does any of the project intrude on 18

the wetlands where the wetlands transition areas? 19

The answer is that it intrudes a 20 A.

little bit on the transition areas. And that's the 21

reason why we need the transition area waiver -- 22

transition area averaging plan I think is the actual 23

formal term. So basically what that means is we 24

don't directly impact wetlands. We don't disturb 25

44

freshwater wetlands on the site, but there is a 1

buffer around some of the wetlands. Primarily 2

there's a 50-foot transition area or commonly 3

referred to as a buffer around the bulk of the 4

wetlands in the southwest corner of the site. So 5

there's a 50-foot transition area. And within that 6

50-foot transition area, you can encroach with your 7

development within that area, but there are rules 8

and regulations on how to increase the buffer in 9

other areas if you're going to encroach in certain 10

areas. So we prepare a transition area averaging 11

plan which shows where we encroach, where we put the 12

buffer back, and that's part of our application that 13

went to the state. 14

So that application has actually been 15 Q.

submitted to the Department of Environmental 16

Protection? 17

Yes. 18 A.

As part of your flood hazard area 19 Q.

permit application? 20

Yes. That's correct. And I should 21 A.

point out that Mr. Marsden has picked up on one 22

small area where our sanitary sewer would connect to 23

an existing manhole, and the wetlands line pretty 24

much runs right along the face of that manhole where 25

45

we connect. So, technically, to make that 1

connection there may be another general permit which 2

is required. I think we have to discuss it with the 3

state, but that exists on the southwest corner of 4

Building B, and it's a very slight encroachment into 5

that wetlands, but there is a permit which allows us 6

to make that connection. 7

MR. WOLFSON: Because it's existing. 8

It's an existing sanitary sewer, and 9 A.

there is a general permit which allows temporary 10

disturbance for utilities. 11

What -- in general, when you submit a 12 Q.

flood hazard area permit, how broad is the review by 13

the DEP? 14

It's very extensive. In fact, our 15 A.

application package is on the desk right here in 16

front of me. There's a number of reports; the plans 17

are submitted; there's a number of studies, but it's 18

a very extensive review of hydrologic and hydraulic 19

calculations typically. 20

Does it encompass things like 21 Q.

endangered species? 22

It does, yes. And we are required to 23 A.

identify any en -- threatened or endangered species 24

as part of that -- you're required to get an 25


46

official determination from the natural heritage 1

database. And, again, I hope I'm right on all these 2

terms. But we did do that and that's part of the 3

application checklist, and that is in our 4

application to the DEP. 5

Now, in connection with that 6 Q.

application, do you do a public notice? 7

Yes, we do. 8 A.

Let me show you a document that we have 9 Q.

pre-marked as A-19 and ask you if you can identify 10

that document. 11

Yes. This is a copy of the public 12 A.

notice which is part of the flood hazard area. 13

Well, there's a couple of documents here, I'm sorry. 14

The first one, the first page of A-19 is the notice 15

that's required to be sent to property owners within 16

200 feet, different municipalities within one mile, 17

county agencies, local agencies. And that is a 18

letter -- and the letter is actually written for you 19

right in the DEP regulations, so it's verbatim from 20

the regulations, and that is addressed -- dated 21

December 9, 2011, when we first submitted the flood 22

hazard area application. The second document, which 23

is a total of three pages, is a standard form that 24

is used for freshwater wetlands applications notice 25

47

to neighboring landowners. And that is a form that 1

is filled out; it does appear somewhat in letter 2

format, signed by Peter Hekemian, Cranford 3

Development Associates. That is also dated December 4

9, 2011. And as required, in all of these notices, 5

we submitted a copy of the LURP 2 Form or Land Use 6

Regulation Program Two Application Form, and that is 7

a four-page form signed by me, signed by Peter 8

Hekemian. That's it. 9

Are you familiar with the DEP process 10 Q.

for considering flood hazard area permits? 11

Yes. I'm very familiar with that 12 A.

process. I've submitted many applications to the 13

DEP. 14

And as part of that process, are 15 Q.

municipalities permitted to submit objections? 16

I believe they are, yes. 17 A.

And are members of the public permitted 18 Q.

to submit objections? 19

Yes, they are. 20 A.

You've talked about how you would 21 Q.

comply with the wetlands regulations. You indicated 22

that part of this process is approval of storm water 23

management plans. What are the standards for storm 24

water management plan? 25

48

In 2004, the State of New Jersey 1 A.

adopted what's commonly referred to as the storm 2

water management rule, and that rule governs 3

developments, large developments or major 4

developments. A major development is one that 5

either increases the impervious surface by a quarter 6

acre or proposes to disturb one acre of land. So 7

that puts you in that definition of major 8

development, and, therefore, if you have a major 9

development, the storm water management rule now 10

applies to all developments. All municipalities are 11

required to comply with that. It's part of the 12

residential site improvements standards. It's part 13

of the flood hazard area regulations which were 14

adopted and revised in 2007. So, yes, we are 15

required to comply with that storm water management 16

rule. 17

In general, what are the -- what are 18 Q.

the standards that you have to comply with? 19

Well, there's -- there are really 20 A.

four, I can say four major standards. I mean, 21

the -- the rules are very extensive. But there are 22

four major features or aspects to the storm water 23

management rule; and they deal with storm water 24

quantity, storm water quality, infiltration to 25

49

ground water, and nonstructural strategies or best 1

management practices. And they are the four storm 2

water management -- major aspects of the storm water 3

management rule. 4

Now, on this -- in your application to 5 Q.

the DEP, how did you propose to satisfy the 6

run-off -- the run-off quality standards? 7

Quality first?8 A.

Yes.9 Q.

Well, first quality; the rule 10 A.

basically states that if you do not increase the -- 11

if you don't increase the impervious surface by a 12

quarter acre and you're not subject to the water 13

quality regulations. This development does not, in 14

fact, we slightly reduce the impervious surface. So 15

in general we do not have water quality aspects to 16

this development. We do have some features which we 17

believe will improve the water quality, but we're 18

not subject to comply with that standard. 19

How about the ground water recharge 20 Q.

standard? 21

The ground water recharge standard 22 A.

does not apply in Cranford Township, and the reason 23

it doesn't is the State of New Jersey produced a 24

state plan policy map which broke the state up into 25


50

different areas for planning purposes. And the 1

storm water management rule says that if you're in a 2

metropolitan planning area one, which I believe all 3

of Cranford is, you do not need to comply with 4

infiltration rates. And that's generally due to the 5

public water supply systems and the reservoir 6

systems we have. So we're not required to comply 7

with that standard. 8

Now, how do you go about complying with 9 Q.

the run-off standard, the quantity and rate of 10

run-off standard? 11

Well, the quantity is the one that 12 A.

gets generally the most attention. And generally, 13

the rule is -- you can meet the rule in a number of 14

different ways. The first of which would be to show 15

that there is no increase in the peak rate of 16

run-off at any given time when you compare your 17

proposed development to the existing site. So you 18

run hydrologic calculations to show that in fact you 19

can comply with that standard by not showing any 20

increase in run-off. This site does not increase 21

the impervious surface so -- so that standard should 22

apply. However, there's another standard that says 23

that if you can't comply with the first standard, 24

then you have to reduce the peak rate of run-off for 25

51

the two-year, ten-year, and one-hundred-year storm 1

events. The two-year by 50 percent; the ten-year by 2

really 25 percent, and then you have to reduce the 3

hundred-year by 20 percent. It's commonly 4

referred -- excuse me, commonly referred to as the 5

50, 75, 80 rules where you can discharge a peak rate 6

of 50, 75 and 80 percent of those storm events. So 7

you have to reduce the amount of storm water coming 8

off the site. 9

Now, have you designed specific 10 Q.

features or structures on this site to assist in 11

complying with these standards? 12

Yes, we have. We've proposed an 13 A.

underground detention system along the eastern 14

property line. 15

Would you -- I see you're pointing to a 16 Q.

sheet. Would you tell us what sheet you're pointing 17

to? 18

Sure, I'm pointing to sheet CO-5, 19 A.

again, Grading Drainage and Utility Plan. 20

All right. 21 Q.

I'm tracing my finger over the eastern 22 A.

parking area where we're proposed a large 23

underground closed detention -- storm water 24

detention system. So in that area, flow from the 25

52

development will first go into that underground 1

system. It will be held for a period of time, and 2

it will be released at a rate which then complies 3

with the standards that I mentioned before, the 50, 4

75, 80 rule. 5

Physically what is the -- what does 6 Q.

this underground system look like? 7

Well, under its current form it's a 8 A.

large concrete vault, essentially. It's very 9

extensive in nature and it's -- we're proposing a 10

product called the storm trap, which is a very 11

efficient way to store a lot of water underground, 12

and it's basically a series of concrete vaults. 13

Have you -- with these features have 14 Q.

you actually done the calculations for what the 15

impact of your design on the quantity of storm water 16

run-off would be? 17

We have, yes. 18 A.

Let me show you A-6. Does this include 19 Q.

the data that you've submitted to the DEP on that 20

issue? 21

Yes. This is my engineering report 22 A.

which as I mentioned earlier, it's part of the flood 23

hazard area permit application as well. It includes 24

information that typically goes to any municipality 25

53

for a development plan. The report is broken up 1

into five sections: Hydrology, hydraulics, storm 2

water, net fill, and structural. 3

And I'll refer to the storm water 4

management section of the report. In that section 5

we have a narrative and a lot of tables and 6

discussion of the calculations. We have a variety 7

of tables that are taken from different manuals 8

produced by the state and by the federal government. 9

And then in the rear we have -- of that section we 10

have computer output of our model of the storm 11

water -- the existing and the proposed storm water 12

management systems. 13

Based on those calculations have you 14 Q.

been able to assess what the impact of this 15

development, with your storm water features, would 16

be on the quantity of run-off? 17

Yeah. Again, we're looking at the -- 18 A.

I use -- we should refer to it, I guess, as the peak 19

rate of run-off because that's what's really at task 20

here. 21

So looking at -- my apologies. 22

The pages aren't numbered, but it's the 23

storm water section Table E, Table E-1. Probably 24

should be Table D-1, but it's Table E-1, and I'm 25


54

showing the -- 1

MR. EISDORFER: Your Honor, that's on 2

page 4 of the -- after the storm water tab? 3

Yes, correct, the fourth page after 4 A.

the storm water tab. And I'm showing a comparison 5

of the existing peak rates of run-off and then the 6

proposed peak rates of run-off. So we run 7

calculations on the existing conditions. We run 8

calculations on the proposed. We do what's called a 9

storm water routing where the water goes into the 10

detention basin, gets routed so it models the effect 11

of going through the detention basin. 12

Then we look at the outflow, and we 13

compare the outflow from the site. And we combine a 14

bunch of hydrographs, and we compare the outflow 15

from the site to the existing conditions, and we see 16

how we meet those actual reductions. 17

What are the reductions? 18 Q.

Well, for instance, the two-year 19 A.

storm, the reduction's pretty significant where you 20

have 17.89 CFS, which is cubic feet per second 21

coming off the site right now, which is all 22

tributary to -- to Branch 1024, Casino Brook. And 23

we're reducing that to 3.66, so that's really like 24

an 80 percent reduction in storm water run-off 25

55

during a two-year storm. I think that's very 1

significant because a two-year storm is something 2

that happens quite often. Theoretically every two 3

years, but it definitely is something that we've all 4

seen. 5

The ten-year storm we're reducing the 6

flow from an existing 24.59 cubic feet per second 7

down to 11.86. So that's 48 percent of the existing 8

or a 52 percent reduction where I'm only really 9

required to reduce that ten-year by 25 percent; we 10

reduced it by 52 percent. 11

And then the hundred-year, which is, 12

again, theoretically the storm that would come 13

around once every one hundred years, where the 14

existing site produces 37.03 cubic feet per second, 15

the proposed would produce 28.16. And that's a 16

reduction of 24 percent where 20 percent is 17

required. So I am below the standard on the -- I'm 18

better than the standard on the hundred-year storm. 19

So significant decrease on all storms, I believe, 20

and more prominent in the two- and the ten-year 21

storm. 22

MR. WOLFSON: Steve, is this a good 23

spot for a five- or ten-minute break? 24

MR. EISDORFER: Sure.25

56

MR. WOLFSON: Back on the record.1

Please continue, Mr. Eisdorfer. 2

MR. EISDORFER: Mr. Dipple, in your 3

submission to the DEP on storm water management, did 4

you include as part of your model the existing 5

parking lots? 6

Yes. We took a look at the -- when we 7 A.

did our hydrologic analysis of the existing 8

conditions -- and through discussions with the town 9

in superior court -- it was determined that we 10

should model the existing parking lot as a detention 11

system. That there are certain features on the 12

site, specifically a couple of old -- old valves 13

that exist down near the ditch, and there was some 14

discussion about how that should be modeled. And 15

the DEP regulations do say that all depressed areas 16

and areas where flow can't freely leave the site 17

should be included in the hydrologic model of 18

existing and proposed conditions. So given that, 19

our existing conditions model included a model of -- 20

of rainwater that falls on to the parking lot, gets 21

detained somewhat by the existence of some small 22

pipes which leave the site into the manmade ditch. 23

So we really did a true existing conditions model of 24

that site, specifically on 215 Birchwood Avenue. 25

57

Now, there are some -- some pipes with 1 Q.

existing valves. Did you include those in your 2

model? 3

We did not include the valves. That 4 A.

was a point of discussion I know that's come up in 5

the review letters that we received. However, you 6

know, we noticed the valves at the outset of the 7

project. There's these old rusted valves, the valve 8

stem sticks up from these concrete chambers that 9

are -- that are here on the south side of the 10

existing parking lot. I have a blow-up on the right 11

side of sheet CO-2, and that basically shows the 12

existence of these old valves. Now, they are 13

rusted, bent over. They've been that way apparently 14

for many years, if not decades, and they're 15

inoperable, and there's no obstruction to those 16

pipes right now. I believe there are two 12-inch 17

pipes and a four-inch pipe that carry flow from the 18

parking lot out to that ditch. 19

So you've modeled them in their present 20 Q.

inoperative condition? 21

Yes, we have; in our storm water 22 A.

management analysis. 23

And that was included in your 24 Q.

submission to the DEP? 25


58


Now, you've indicated that this is a 2 Q.

site that -- that has some areas that are in 3

floodway and in flood fringe areas. Is that 4

correct? 5


Where does that water come from? 7 Q.

What's the source of that flooding? 8

The source is upstream areas, large 9 A.

drainage area which contributes flow to Branch 1024. 10

It goes up to Kenilworth and beyond, and it's -- I 11

don't know the specifics of the actual drainage 12

area, but flow comes in a southerly direction from 13

north of the side along that tributary. 14

Now, are there features south of the 15 Q.

site that contribute to the flooding? 16

Yes. There's an existing culvert on 17 A.

Wadsworth Terrace -- below Wadsworth Terrace. It 18

appears on the lower left-hand corner of the extreme 19

lower left-hand corner of sheet CO-2. I've been to 20

that culvert. It's an existing box culvert with a 21

head wall on either side and carries flow beneath 22

Wadsworth Terrace. That is a restriction of flow of 23

this site. 24

How does that contribute to the flood? 25 Q.

59

Well, what you see is a back water 1 A.

ponding effect. As water -- as the rate of run-off 2

increases as you continue -- as flow, you know, I'm 3

sorry I'm backing up here. 4

As the rainfall gets more intense and 5

you get more run-off and the stream starts to rise, 6

what happens is as it approaches that culvert, the 7

culvert is inefficiently sized -- in order to carry 8

the flow underneath the culvert. So you get this 9

backing up effect or ponding effect back on the 10

subject site, specifically back here on 235 11

Birchwood Avenue. 12

Now, as part of your submission to the 13 Q.

DEP, have you done a determination as to the 14

location of the floodway and flood hazard boundary? 15

Yes. We -- this branch does not have 16 A.

what's referred to as a state study of that branch. 17

In other words, there has been no prior study of the 18

hydraulics of that branch which was adopted by the 19

DEP. In situations like this, you have a number of 20

ways to determine the flood hazard area and floodway 21

of that stream. And the applicable methodology is 22

Method 6 under the DEP regulations, which requires 23

the engineer to provide hydrologic and hydraulic 24

calculations of that drainage area upstream and then 25

60

the hydraulics of the stream channel itself, 1

including that insufficient downstream culvert. 2

Now, let me ask you to look at A-6 your 3 Q.

engineering report. 4

Yes. 5 A.

And let me ask you to flip back to the 6 Q.

hydraulics -- no, the flood storage section of that 7

report and look at FS-1.8

Okay. FS-1 is -- is a map that is 9 A.

included in the report. "FS" stands for flood 10

storage, and the map is entitled "Existing Flood 11

Fringe Storage Volume." And I will say it is part 12

of the set of plans, so maybe I'll just refer to 13

that one. 14

Okay. So this is the same? Is this 15 Q.

included in your site plan application? 16

I should preface that by saying that 17 A.

it was -- this is a later revision than that report 18

due to some changes to Birchwood Avenue which I'm 19

going to discuss, I'm sure, soon. So that plan that 20

I'm referring to here is -- that I just took out of 21

the plan has been revised. And it's included here 22

in this set. It's no longer called FS-1. It is 23

called -- I'm sorry. It's not in the set. 24

Is this the existing -- 25 Q.

61

Yeah. You're right. This is 1 A.

existing. 2

So let's look FS-1. 3 Q.

MS. McKENZIE: Has it not been 4

revised? 5

THE WITNESS: This is a series of 6

maps. Two of the four maps in the series have been 7

revised.8

MS. McKENZIE: But not FS-1.9

THE WITNESS: I apologize. They are 10

not in the set. They are only in the report. The 11

storm water management report has not been 12

resubmitted to the state. It would be resubmitted 13

to the state when we resubmit for our flood hazard 14

area permit. 15

Okay. So does FS-1 show your 16 Q.

determination of the existing? 17

Yes. It does. 18 A.

MR. MORIN: I'm sorry, I just want to 19

make clear for the record. Are we referring to a 20

document that has been provided to the township as 21

part of the site plan application? 22

THE WITNESS: Yes. 23

MR. EISDORFER: Yes, this is in A-6; 24

this was part of the site plan application.25


62

MS. McKENZIE: Excuse me. I'm 1

confused because I know that A-6 was provided as 2

part of the site plan application. But the 3

revisions that have not yet been submitted to the 4

DEP have not yet been submitted to the township as 5

well? 6

MR. EISDORFER: No, this is the 7

document that was submitted to the court and to the 8

town.9

THE WITNESS: I'm going to back up a 10

little bit on the confusion. I'm sorry. I 11

apologize.12

MS. McKENZIE: I'm still confused. 13

THE WITNESS: This report is dated -- 14

MR. WOLFSON: A-6. 15

THE WITNESS: -- is dated June 6. A-6 16

is dated June 4, 2012. It has, in fact, been 17

revised. My apologies. 18

The engineering report which was 19

submitted to the state did not include those 20

revisions. We provided this revised report to the 21

township -- 22

MS. McKENZIE: Okay. 23

THE WITNESS: -- with regard to 24

Birchwood Avenue. So I am -- 25

63

MS. McKENZIE: The state hasn't gotten 1

it yet but the township has. 2

THE WITNESS: That is correct. I 3

thought we referring to the report that went to the 4

state initially, but I realize that I'm referring to 5

the report that went to the township which shows the 6

revisions due to some changes on Birchwood Avenue. 7

This map is unchanged, right? 8 Q.

It is effectively unchanged. There is 9 A.

a -- there is a revision date to it; it's 6/4/12, I 10

think just for consistency, but it shows the same 11

quantities of flood storage. So there was a 12

revision note added to the set of drawings. 13

But not to that drawing itself. 14 Q.

Not to that drawing itself, that's 15 A.

correct. 16

So this is the map that was submitted 17 Q.

to the state? 18

That is the map, yes.19 A.

MS. McKENZIE: The rest of the other 20

revisions have not yet gone to the state, but they 21

are part of what the town has in their package. 22

MR. EISDORFER: That's correct. 23

THE WITNESS: That's correct. My 24

apologies.25

64

MS. McKENZIE: That's okay. I just 1

needed to be clear because that will be an issue. 2

MR. WOLFSON: Go ahead. 3

Okay. So the -- why don't you put up 4 Q.

that map. Let's see, have I marked it? 5

And this drawing is not included in 6 A.

the drawing set. It's part of -- FS-1 is an exhibit 7

in the report, so it's not part of the set. It's 8

not really a document that's really required. The 9

calculations that bring us to this map are included 10

in the report and in the set. 11

And does this show where the floodway 12 Q.

line and the flood -- the flood hazard boundary are 13

under existing conditions? 14

Yes. This is -- again, it's important 15 A.

to note this is existing conditions, so you see the 16

depiction of the two office buildings. And the dark 17

line is the floodway boundary, and then the dashed 18

line is the flood fringe boundary. And I put a 19

light hatch between and that is the flood fringe. 20

The flood hazard area boundary with the -- that's 21

the flood fringe that is hatched with that gray 22

tone. 23

Are any of these existing structures in 24 Q.

the floodway? 25

65

Yes. The existing 235 Birchwood 1 A.

Avenue office building is in the floodway. 2

Okay. Now I think it would be helpful 3 Q.

for us if you could just tell us, define these terms 4

for us. 5

Okay. 6 A.

What is the floodway and what is the 7 Q.

flood fringe area? 8

All right. I'm gonna go to our 9 A.

existing conditions map, sheet CO-2 which also 10

depicts the same line, the floodway line, the flood 11

hazard area line, as FS-1. 12

So the floodway is generally part of 13

the flood plain. The flood plain is the entirety of 14

the flooded area from in this case all the way from 15

the east side all the way to the west side. And 16

that's a general term, "flood plain." It includes 17

everything. The center part of that flood plain is 18

referred to as the floodway. And that is really the 19

part of the flooded area which carries the water. 20

It's the carrying capacity of the water. So that is 21

determined through a series of studies and formulas 22

where you actually superimpose imaginary walls on 23

the streams. So you take your flood plain and, 24

again, I'm referring to the flood hazard area storm, 25


66

which is important to note because it's the 1

hundred-year storm event. And then it's increased 2

by a factor of safety of 25 percent. And that's 3

referred to as the flood hazard area storm event. 4

So it's much larger than the hundred-year storm. 5

So we take that flood event and I'm 6

going to back up. 7

This analysis is done on the 8

hundred-year to determine the floodway, the 9

hundred-year flood event. So we take that and we 10

superimpose these imaginary walls and basically keep 11

squeezing them in on the flood plain until we reach 12

a point where the one hundred-year flood event rises 13

by two tenths of a foot. And once we've reached 14

that and we run this with a -- with certain 15

methodologies which are -- which are provided by the 16

state and once we've reached that, we draw this 17

boundary line which appears here north to south. So 18

it effectively means that if you encroach -- and 19

this was referred to kind of as the stream 20

encroachment line or an encroachment line in the 21

past. Effectively, if you continue to encroach with 22

structure on that stream, when you get to that point 23

you're really gonna start to effect the hydraulics 24

of that stream. And that's what that line really -- 25

67

designates for this stream and that's the floodway. 1

What is the flood fringe? 2 Q.

All right. The flood fringe is really 3 A.

like the ineffective flow area. And if you ever 4

come up to a flooded -- a flooded stream or 5

anything, you will notice that you can -- you can 6

really walk into that flooded event and -- and 7

really you're not feeling water rushing past you. 8

That is flood storage. It's kind of an ineffective 9

flow area, dead flood storage. It's like ponded. 10

Sometimes the water actually eddies east backwards 11

and you get kind of flow coming in the other 12

direction. So that flood fringe is -- again, the 13

best way to define it is ineffective flow area or 14

flood storage area. It's just storing water in that 15

location. 16

Do you have a picture that illustrates 17 Q.

this? 18

A picture of -- yes, I do.19 A.

THE WITNESS: Should we mark that, 20

Steve? 21

MR. EISDORFER: That should be marked 22

A-20.23

THE WITNESS: A-20? 24

MR. EISDORFER: A-20. 25

68

MR. WOLFSON: What is that? Just what 1

you're describing before, this is an illustration of 2

it? 3

THE WITNESS: Yes, it's an 4

illustration of Figure A from the DEP regulations. 5

It's entitled the flood hazard area -- well, it's 6

got a caption, the flood hazard area is comprised of 7

the floodway and flood fringe. It's a depiction of 8

what the floodway and flood fringe actually are 9

within the flood hazard area, or I use the layman's 10

term flood plain. But the official term for that 11

entirety of the -- of the flood per DEP standards is 12

the flood hazard area. 13

If you would, just point out on that 14 Q.

picture the various features that you've been 15

describing to us.16

Again, the entirety of the flooded 17 A.

area is the flood hazard area. So they're depicting 18

that hundred-year storm plus the 25 percent more 19

flow coming down the river, and then they're 20

depicting the floodway in the center with this 21

darker color. And this is a three-dimensional 22

drawing. And then on the outside you have a flood 23

fringe on the left side and on the right side, and 24

then below is the ground surface which shows a very 25

69

typical river stream channel and flood plain area. 1

Okay, now, the -- are you permitted to 2 Q.

develop in the floodway? 3

You're not permitted to develop or 4 A.

provide any structure in the floodway, no. 5

Are you permitted to develop in the 6 Q.

flood fringe? 7

Yes, you are. 8 A.

And do you need a permit to do that? 9 Q.

Yes. Once you propose any disturbance 10 A.

in the flood fringe, you are then subject to the 11

flood hazard area rules of the DEP, the State of New 12

Jersey. 13

Is that the kind of permit that you 14 Q.

have, you filed an application for in this project? 15

Yes. On December 9 of 2011 we filed 16 A.

an application for a flood hazard area individual 17

permit. 18

And what I'd like you to do is to walk 19 Q.

us through the standards for getting that kind of 20

permit and so we understand what -- what this is 21

about.22

Okay. So as I described earlier, in 23 A.

this case we had to determine what the flood hazard 24

area and floodway were, so we performed extensive 25


70

hydrologic and hydraulic calculations of the 1

upstream drainage area under the stream itself to 2

arrive at, you know, these lines that I described 3

earlier, the floodway and the -- and the flood 4

hazard area. 5

And then we look at the total amount of 6

flood storage that exists on the site. So within 7

that flood fringe we do a three-dimensional model of 8

the existing terrain and we come up with a quantity 9

of flood storage. That's that dead, ineffective 10

flow area of the flood storage out within the flood 11

fringe. 12

So in doing so, we came up with a 13

number that was a little bit greater than 313,000 14

cubic feet of flood storage. And, again you have to 15

look at your property limits from upstream to 16

downstream, and you have to determine what the flood 17

storage is. Then when you -- you propose your 18

development -- and I'm going to move on to sheet CO 19

4 -- you propose your development with the site 20

grading. And then you look again within that new 21

flood fringe because that's gonna change. You have 22

the floodway which doesn't change at all because you 23

haven't encroached in the floodway. And then you 24

look at the flood fringe line, which clearly 25

71

changes, and you determine have I provided the same 1

or more flood storage within that area. And the 2

2007 rules for development of the flood fringe state 3

that you cannot decrease that. You can't decrease 4

that flood storage. Prior to 2007 you could 5

actually decrease that flood storage; after 2007, on 6

most river channels you cannot. 7

So we then do a comparison. And we 8

come up an actual increase in flood storage when 9

this property is built. So it's an improvement. 10

That's one aspect of the flood hazard area 11

regulations. The other is I described the hydrology 12

and the hydraulics. That is referred to as "net 13

fill." There's the storm water management, which I 14

described, and there's some other features like we 15

have a retaining wall and we have some nonstructural 16

BMPs which is something that we have to -- 17

MR. WOLFSON: Nonstructural? 18

BMPs, best management practices. 19 A.

Now, are there construction standards 20 Q.

for projects in the flood fringe area? 21

Are there construction standards? 22 A.

Yes do you have to elevate things 23 Q.

above -- 24

Yes. 25 A.

72

-- the flood hazard level? 1 Q.

Yeah. Mr. Lessard touched on this. 2 A.

The regulations state that, particularly for 3

residential -- I won't focus on the rest of the 4

regulations but particularly for residential -- the 5

finished floor of the lowest finished floor of the 6

building needs to be one foot above the flood hazard 7

area elevation. And in this case I haven't 8

mentioned yet, a very important number. And that is 9

that the flood hazard area elevation as determined 10

by our model is 78.6 and that is, again, using that 11

topographic map that I referred to. So that's an 12

important number to remember; 78.6 is the elevation 13

of the flood hazard area across this site. So we're 14

required to put our finished floor of our buildings 15

one foot above that or 79.6 at a minimum. We're 16

also required to put any residential parking one 17

foot above the flood hazard area elevation, or 79.6. 18

And I should say it continues. We're also required 19

to provide access, one point of access, to the site 20

also one foot above the flood hazard area elevation. 21

Now, on -- when you submitted this to 22 Q.

DEP, was, in your opinion was this fully compliant 23

with those standards? 24

Yes. 25 A.

73

Now, Mr. Lessard testified to some 1 Q.

features within -- within the structures themselves 2

that were designed to provide for flood storage?3


Do you recall that testimony? 5 Q.

Can you describe what that is about. 6

Yeah. Mr. Lessard was referring to 7 A.

something that is referred to in the regulations as 8

a crawl space, and a crawl space is proposed beneath 9

Building A. And there are certain regulations and 10

restrictions to the size of the crawl space, but 11

basically what it says is you're permitted by the 12

state rules to provide that flood storage I 13

described beneath an existing structure. And that's 14

commonly done; it's referred to as the crawl space. 15

And we have proposed that flood storage beneath 16

Building A by elevating the building which we had to 17

do anyway to get the parking and the finished floor 18

out of the -- or above the flood hazard area 19

elevation and providing volume or storage area below 20

the building. In case this flood event occurred, it 21

would be allowed to fill that area beneath the 22

building temporarily until the flood waters receded 23

and then it would flow back out. 24

Let me show you a document we 25 Q.


74

previously looked at and marked as A5-9. This is an 1

exhibit you're familiar with? 2

Yes. 3 A.

And can you show us -- show us where on 4 Q.

this exhibit that flood storage is taking place. 5

This is section A of Building A, and 6 A.

section A runs north to south through Building A, 7

and I'm referring to sheet CO-5 of my set. He has a 8

key map but I doubt it's easy to see from back 9

there. Underneath the first level of parking which 10

is shown in the light tan shade is a hatched blue 11

area. That blue area shows where flood waters would 12

go beneath the building should a flood event occur. 13

And physically what does that look 14 Q.

like? 15

Well, it's -- the regulations do give 16 A.

you some leeway on how to design that. I've seen 17

them designed as complete open areas where the 18

building looks like it's on stilts. I've also seen 19

them wrapped with a facade with vents. And there is 20

a calculation that the DEP requires for flood vents 21

so that they make sure that a minimum area of open 22

area or louvered area is provided so that water can 23

freely pass in and out of that area. It's not 24

restricted. So that could look like a variety of 25

75

things. I think that's Mr. Lessard's point but 1

it's -- you know, should you go into that area, you 2

would see a crawl space not more than six feet in 3

elevation of just open volume. And Mr. Lessard said 4

they typically do those with stone underneath to -- 5

the surface of the ground is usually done like a 6

stone or something like that. 7

Now, in doing the grading for the site, 8 Q.

are there any retaining walls? 9

Yes. There are a couple small 10 A.

retaining walls near Birchwood Avenue in order to 11

elevate the driveway up to the elevation in front of 12

Building A to get up above that flood elevation. 13

And as you continue through the site to the southern 14

little bit further south, there's a small retaining 15

wall along the eastern side of the access way. The 16

elevation varies; I think its highest point is about 17

four feet at the top, generally two and a half, 18

three feet, and that elevates the road slightly so 19

that we can keep our flood storage where we need it 20

to be to provide additional flood storage in this 21

area. So it's a small retaining wall. 22

Does DEP make you do any analysis of 23 Q.

the stability of those retaining walls? 24

Yes. 25 A.

76

Under flood conditions? 1 Q.

Yeah. That's part of our submission. 2 A.

It appears in the same report, A-6 that we referred 3

to, under Section Structural. 4

Now, I just want to pinpoint -- so you 5 Q.

did a submission to DEP in December? 6

Yes. 7 A.

And did you supplement that? 8 Q.

Yes. We received a deficiency notice. 9 A.

I don't know the date of it, but we were asked for 10

additional information. We were asked -- they 11

actually did a review, which is not their normal 12

course of action, but they -- they did a review 13

of -- of some of our material, our hydraulics and 14

our hydrologic. They asked for changes to some of 15

our analyses, mainly to the storm water management. 16

Things like that. So we did make a resubmission. 17

I'm gonna say that was in February of 2012. I don't 18

know the exact date. February 7 perhaps. That's 19

what it says on the engineering report. And... 20

Okay. Now, how does that -- how does 21 Q.

that submission differ -- how did that submission 22

differ from what's in A-6? Actually, let's do 23

something different first. 24

Okay. So you did that submission 25

77

and -- and what happened? 1

We -- we provided -- we responded to 2 A.

their comments in their notice point by point. We 3

revised the drawings. We revised the reports as 4

necessary, and we resubmitted everything to the DEP. 5

And then shortly afterwards, probably in early 6

March, I received a phone call from the DEP 7

regarding our resubmission. 8

And what was the substance of that 9 Q.

phone call? 10

MR. MORIN: Objection, hearsay. 11

MR. WOLFSON: You can answer the 12

question.13

What was the -- I'm sorry can you 14 A.

repeat the question. 15

What was the substance of the phone 16 Q.

call? 17

The substance of the phone call. 18 A.

First of all, it was Rick Reilly from the DEP. And 19

Mr. Reilly informed me that this application would 20

require as it's submitted today, or at that time, 21

would require a hardship waiver. 22

And did he explain to you what the 23 Q.

reason for that was? 24

Yes. 25 A.


78

MR. MORIN: Again, I'm going to object 1

to this testimony as hearsay. He's specifically 2

discussing what apparently someone at DEP told him 3

for the truth of the matter. It's -- yesterday I 4

was -- my objection was sustained against me for on 5

a relevance issue talking about other plans. This 6

goes to the -- the heart of the matter, and is 7

impermissible hearsay. 8

MR. WOLFSON: Go ahead. Overruled. 9

Mr. Reilly cited sections of the flood 10 A.

hazard area regulations and described how he 11

interpreted those regulations to -- that we would 12

not comply with those sections. And a course of 13

action when you can't comply with a section of the 14

flood hazard area regulations is that you request a 15

hardship waiver. It would be similar to a variance 16

from those regulations. That is their term, 17

"hardship waiver." I phoned him back and requested 18

a meeting in his office after that. 19

And did you subsequently receive a 20 Q.

deficiency notice? 21

Yes, I did. I assume you have it 22 A.

there, but the date of which I don't recall, but we 23

did, in fact, receive a deficiency notice, a second 24

one. And other than a few minor comments regarding 25

79

our resubmission the major aspect of that deficiency 1

notice was that written formal request that we 2

submit for a hardship waiver. 3


as A-21. 5

A-21 is dated March 8, as I suspected, 6 A.

early March and it is a -- it's a form that the DEP 7

uses. It doesn't have a name as far as I know, but 8

in that they check off a few of the boxes explaining 9

what they're looking for. So there are a few things 10

checked off regarding the hydraulic calculations as 11

well as the nonstructural storm water management 12

strategies. I believe they requested more 13

information regarding that. 14

And then on the third page of that 15

document they check off the application includes a 16

request for a hardship exemption under NJAC 17

9:13-9.8. And they're requesting a statement the 18

nature of the hardship, a citation of the subject 19

matter. And then on the fourth page, it describes 20

exactly why they believe that hardship waiver and 21

they cite the section on which they believe a 22

hardship waiver is required? 23

And what section is that? 24 Q.

Sorry. And they are citing section 25 A.

80

NJAC 7:13-11.5(h). 1

And what does that refer to? 2 Q.

That refers to a section in the flood 3 A.

hazard area code which requires one point of egress 4

from the site to be located one foot above the flood 5

hazard area elevation. And they've interpreted this 6

regulation that this site as designed does not meet 7

that -- as was submitted, I should say -- in 8

February, does not meet that. 9

And what is the nature of the problem? 10 Q.

Did you subsequently have a meeting with them? 11

Yes. I think it was March 23 or 12 A.

toward the end of March. A couple weeks after 13

receiving that letter we went to the DEP and met 14

with the DEP to understand more fully what the 15

request, their interpretation of that regulation and 16

what could be done. And effectively, you know, they 17

told -- Rick had told me this over the phone, and it 18

was again discussed in the meeting that basically 19

the driveway, the -- although the driveway, the 20

parking, the building is all one foot above the 21

flood hazard area elevation, Birchwood Avenue itself 22

is not fully one foot above the flood hazard area 23

elevation where our driveway -- our eastern most 24

driveway connects to Birchwood Avenue. So they have 25

81

interpreted the regulations to state that this 1

egress should include Birchwood Avenue also, and 2

there's a small portion of the -- of the flood 3

hazard area which actually passed in front of the 4

proposed eastern most driveway. 5

Now, did they -- and in the deficiency 6 Q.

notice or in that meeting did they identify any 7

other substantive deficiencies? 8

They identified, briefly they 9 A.

identified another -- it's generally the same 10

deficiency in that the spirit of it is the fact that 11

the -- the access point is not one foot above the 12

flood hazard area elevation in the street. But 13

there's another section of the code that pertains to 14

residential buildings in the flood hazard area, so 15

they've said because Building A is within the flood 16

fringe, it's the same -- the spirit of the 17

regulations is the same in that it needs that access 18

point one foot above. However, it's two sections of 19

the code describing the same -- the same driveway 20

situation. 21

Does the deficiency letter identify any 22 Q.

deficiencies with your storm water management plan? 23

The next deficiency letter only 24 A.

discusses nonstructural storm water management 25


82

strategies with regard to storm water. That's it. 1

What's the nature of that issue? 2 Q.

On sites basically what you try to do 3 A.

is try to use nonstructural best management 4

practices. These are things like structured 5

parking, trying to reduce it; reduce the actual 6

footprint of parking area, which we have done; 7

trying to preserve open green areas. There's a 8

number of things that you can do. There's kind of a 9

menu of items that they like to see included in -- 10

in applications, and you kind of run through a 11

little analysis and you describe them in narrative 12

form on how you meet that. 13

So they're looking for more information 14

regarding nonstructural strategies. In fact, I 15

think this is the model site, I think, for 16

nonstructural strategies. Just in the fact of the 17

preservation of open areas, of structured parking, 18

things like that, a lot of rooftop area, which is 19

generally clean water, so I think this is a very 20

good application for nonstructural strategies. And 21

we need to provide information to the DEP regarding 22

that. 23

So does that involve any -- to the best 24 Q.

of your understanding, does that involve any 25

83

substantive change to what you're gonna do or merely 1

more documentation? 2

Just, I believe, more documentation. 3 A.

Now, did the -- did the DEP identify 4 Q.

any deficiencies concerning your -- your wetlands, 5

compliance with wetlands regulations? 6

I think we owe more money. I think 7 A.

that's it. I think we owe them a check for $240. 8

MR. WOLFSON: Steve will cover that. 9

And other than the one deficiency that 10 Q.

you described, did they identify any other 11

deficiencies as to your flood hazard permit? 12

MR. WOLFSON: Picked a good time to 13

take a break. 14

MR. MORIN: There's a question 15

pending.16

Well, the deficiency notice requests I 17 A.

think it was -- and it was discussed but we didn't 18

understand the nature of the request. I think they 19

were looking for -- I'm trying to recall. One 20

second. A cross -- please submit a cross-section 21

location plan showing the location of the 22

cross-sections for the entire study reach and 23

provide plotted cross-sections on engineering 24

drawings. That's what they requested and that was, 25

84

again, discussed in our meeting in late March. 1

And was your understanding that that 2 Q.

was a substantive deficiency or just additional 3

documentation? 4

Just additional documentation.5 A.

MR. EISDORFER: Judge, this is a good 6

place to stop. 7

MR. WOLFSON: All right. One hour for 8

lunch. 1:30, please. 9

(Luncheon recess.)10

A F T E R N O O N S E S S I O N 11

THE COURT: Back on the record. 12

Mr. Eisdorfer, continue, please. 13

MR. EISDORFER: Thank you, Your Honor. 14

BY MR. EISDORFER: 15

Mr. Dipple, I'd like to show you a 16 Q.

document marked as A-23, and I'm going to represent 17

to you that this is a copy of the regulation cited 18

in the deficiency letter. Is that a regulation that 19

you're familiar with? 20

Yes, it is. 21 A.

Can you explain to us what was the 22 Q.

nature of -- in light of that regulation, what was 23

the nature of the deficiency identified? 24

Should I read the regulation first? 25 A.

85

Why don't you read the regulation 1 Q.

aloud. 2

It's NJAC 7:13-11.5(h), there's a No. 3 A.

2 after it. The regulations reads, "The Department 4

shall issue an individual permit to construct or 5

reconstruct a public building only if the following 6

requirements are satisfied." 7

And No. 2 of that statement says, "For 8

a new building in a fluvial flood hazard area, the 9

applicant demonstrates that the building is served 10

by at least one roadway, the travel surface of which 11

is constructed at least one foot above the flood 12

hazard area design flood elevation." 13

So what was the issue identified by 14 Q.

NJDEP? 15

The issue identified was not that the 16 A.

access ways and parking and buildings and stuff 17

aren't one foot above the flood hazard area, flood 18

elevation, but essentially Birchwood Avenue at the 19

location of our easternmost driveway, which is our 20

access point above the flood hazard area elevation, 21

Birchwood Avenue itself was not one foot above the 22

flood hazard area, flood elevation. 23

Now, did that come as a surprise to 24 Q.

you? 25


86

It did, yes. 1 A.

And why was that? 2 Q.

Because as I mentioned before, I've 3 A.

submitted numerous flood hazard area applications, 4

and to the best of my knowledge, at least not on my 5

applications, has the department ever interpreted 6

the regulations that the street that you connect to 7

also needs to be one foot above. We have 8

traditionally designed sites so that as soon as you 9

enter the site as quickly as possible you elevate 10

the site to one foot above or at a minimum one foot 11

above. However, the road is as existing conditions, 12

and that's -- you know, whether that's above or 13

below, that's something we have to deal with. 14

Have you actually done a project for 15 Q.

this client that has involved that issue? 16

Yes. 17 A.

MR. MORIN: Objection, relevance. 18

MR. EISDORFER: Your Honor, this is 19

the -- the town has asserted that this is a site 20

suitability issue. We want to show that this is not 21

a site suitability issue, that this is an issue that 22

arose in permitting and it came as a surprise to us. 23

THE COURT: I'll allow it. 24

Yes. In the City of Englewood we 25 A.

87

prepared development plans for a development which 1

was then referred to as Englewood Commons -- now I 2

believe as The Brownstones at Englewood South, I 3

believe is the name of the development -- where the 4

entirety of the development existed within the flood 5

hazard area of Overpeck Creek. That was a I believe 6

about 18- or 20-acre site, and, again, the entire 7

development, all the surrounding roadways, 8

everything was within the flood -- below the flood 9

hazard area flood elevation. So in designing that 10

site we lifted the roadways up and the finished 11

floor and some of the parking areas up to above the 12

flood hazard area elevation, whereas the road that 13

we connected to, which I believe is South Van Brunt 14

Street or Nordhoff Place, they were both below the 15

flood hazard area elevation. That was the immediate 16

exit of the site onto the public streets. 17

And you secured a flood hazard area 18 Q.

permit for that project? 19


Now, was there another project in 21 Q.

Cranford itself that you are familiar with? 22

Yes, I am. There was a project, and I 23 A.

believe it's called The Riverfront -- The Riverfront 24

Development Project by Riverfront Developers, LLC, 25

88

and I'm not aware of a flood hazard area application 1

that was issued for that project. 2

THE COURT: An application for a 3

permit? 4

THE WITNESS: I'm sorry, a permit that 5

was issued for that project, yes. 6

MR. MORIN: Again, I'm going to object 7

to lack of -- you know, there's no foundation for 8

the -- for his knowledge here. 9

MR. EISDORFER: Your Honor, I'm going 10

to show him the permit, and it describes the 11

relevant -- 12

THE COURT: Okay, go ahead. 13

MR. EISDORFER: -- conditions. 14


as A-22. 16

A-22 is a copy of the -- the DEP's 17 A.

flood hazard area permit for Riverfront Developers, 18

LLC, and this is a project in Cranford Township at 19

the intersections of I think it's South and 20

Chestnut, if I'm correct. 21

And does that permit describe the flood 22 Q.

hazard area conditions of that project? 23

Yes. And I'm going to refer to page 4 24 A.

and it's item No. 25, and I -- shall I read the 25

89

statement? 1

If you would.2 Q.

Okay. "The following statement shall 3 A.

be added to the deed of each lot shown on the first 4

page of this permit. The roadways High Street and 5

Chestnut Avenue, providing access," and I apologize, 6

I mentioned the wrong streets, "High Street and 7

Chestnut Avenue, providing access to the property is 8

subject to flooding during a 100-year flood and the 9

depth of flooding on the roadway during the flood 10

hazard area design flood is two feet. The property 11

may therefore not be accessible to emergency 12

vehicles or other vehicular traffic during a flood. 13

The State shall not be held responsible for any 14

property damage, safety risk, or inconvenience that 15

may result from construction on site should such 16

flooding occur." 17

And did -- did the DEP impose any 18 Q.

conditions on -- into that permit relevant to 19

that -- to those streets? 20

No, they did not impose a condition of 21 A.

securing a hardship waiver, to the best of my 22

knowledge. 23

So have you -- in response to this 24 Q.

deficiency notice, have you taken any steps to 25


90

attempt to comply, to remedy the deficiency? 1

Yes. Given the DEP's interpretation 2 A.

of the -- of the roadway elevation as I described 3

it, we have amended the plans, and those plans are 4

the ones that are provided here and provided to the 5

township. And we regraded a small portion of 6

Birchwood Avenue near the easternmost driveway, so 7

we're proposing a slight raising of Birchwood Avenue 8

near that driveway so that as you exit this site on 9

to Birchwood Avenue, Birchwood Avenue itself would 10

be a minimum of one foot above the flood hazard area 11

elevation in order to comply so that we could 12

eliminate the need for the hardship waiver. 13

Now, are you going to create a hill --14 Q.

No. 15 A.

-- in the street? 16 Q.

No. 17 A.

Do you have a profile that shows us -- 18 Q.

I do. 19 A.

-- how this will look? 20 Q.

I'm going to refer to sheet C-17. I'm 21 A.

sorry, C-18, I believe, C-18, which is entitled 22

"Birchwood Avenue Plan and Storm Sewer Profile," and 23

I may also refer to C-19, which is entitled 24

"Birchwood Avenue Center Line and Curb Line 25

91

Profiles." 1

So what we've done is engineered a 2

slight raise in grade of Birchwood Avenue, again, 3

only near the easternmost driveway to the site. I 4

would estimate that the change encompasses less than 5

200 feet of Birchwood Avenue near the easternmost 6

driveway. 7

Your question is are we creating a 8

hill, and the answer is, no, we're changing the 9

slope. Generally if you're on Birchwood Avenue and 10

you're traveling in an eastbound direction, as you 11

pass the site it's very flat at Birchwood Avenue, 12

very minimal slope on the road. And as you continue 13

toward the -- the elderly care facility, the road 14

starts to increase in grade. And then as you pass 15

the first driveway to the elderly care facility on 16

your right the road starts to come down to a flatter 17

slope and then eventually I believe then drops off 18

the other way and actually goes downhill in the 19

opposite direction. 20

So how will it look after it's 21 Q.

regraded? 22

Well, I think it will effectively look 23 A.

the same. I wouldn't think that anyone would even 24

notice the change. It -- right at the easternmost 25

92

driveway I think is where we lift the road most 1

significantly, and that is I think -- I agree it's 2

about one and a quarter feet right at the 3

easternmost driveway, and then as we proceed to the 4

west we're really raising it just inches. 5

Let me show you the sheet CO-18. 6 Q.

Yes. 7 A.

Does this show the change in the 8 Q.

profile of the road? 9

Yes. It shows the center line roadway 10 A.

profile of Birchwood Avenue; it shows the southern 11

curb line profile, and it shows the northern curb 12

line profile. And it shows that we keep, you know, 13

a slope on the center line and the curb line profile 14

so that proper gutter line drainage can occur along 15

that roadway. 16

So coming east to west? 17 Q.

Yes. 18 A.

Can you just sort of point out how the 19 Q.

grade will change coming from east to west. 20

Coming from east to west. I'm going 21 A.

to refer to the center line profile because the two 22

curb line profiles are different from one side to 23

the other. But generally the center line profile, 24

as you come from east to west, the grade is just 25

93

over two percent. And then as you continue and 1

where our first change is I have marked as station 2

10 plus 00, and then I continue west and the grade 3

goes to 1.2 percent and then to 1.32 percent, 4

continues at 1.32 percent and then connects to the 5

existing slope of the road, which is at 0.52 6

percent. So that's that flat area I referred to. 7

So we have just sections of the center line 8

identified. So it generally stays within, you know, 9

1.2, 1.32, and then it connects to that half a 10

percent slope that exists today. 11

So it will always be slightly 12 Q.

downhill --13

Always. 14 A.

-- toward the west? 15 Q.


Now are there DEP standards, DEP flood 17 Q.

hazard standards, that you have to comply with to 18

make this road improvement?19

Yes, there are. This part of the road 20 A.

exists within the flood fringe. So as I stated 21

before, we can't reduce the volume of flood storage 22

within the flood fringe. So on the road, as I 23

elevate the road slightly along Birchwood Avenue 24

within these cross-sections I am providing some 25


94

fill, so I have to accommodate for that fill 1

elsewhere, and I do so on the site by providing more 2

flood storage. So when I look at the project from 3

the northern boundary of Birchwood Avenue to the 4

southern boundary of our project, I effectively 5

still increase the flood storage on the -- for the 6

development. 7

Now, is that increase in flood storage 8 Q.

separate from the increase in flood storage you are 9

otherwise putting on the property? 10

Is it separate? It's part of the 11 A.

overall flood storage. So, again, I look at the 12

upstream impact point and the downstream impact 13

point of this project, I calculate the flood 14

storage, and I make sure that under proposed 15

conditions I'm higher than that. 16

And does your -- the plan that you've 17 Q.

designed, in fact, provide more -- flood storage in 18

excess of flood storage that you would be losing? 19

Yes, it does. 20 A.

Have you assessed what impacts this 21 Q.

change in grade would have on properties to the west 22

of the improvement? 23

This change would have no impact on 24 A.

property to the west. 25

95

Why is that? 1 Q.

The west being? 2 A.

Toward Orange Avenue. 3 Q.

Because this -- this roadway change 4 A.

really only affects that dead flood storage area, 5

that ineffective flow area. So this does not 6

provide any increase in the flood elevation because 7

we're providing the adequate flood storage on the 8

site. So it wouldn't have any impact on the flood 9

elevation and therefore would have no impact on 10

properties to the west. 11

Will it increase the amount of water in 12 Q.

a flood event on properties to the west? 13

No. 14 A.

Why is that? 15 Q.

For the same reason, and that is that 16 A.

we look at conveyance of the flood waters. And, 17

again, the floodway is where the conveyance really 18

occurs. This is flood storage area, the flood 19

fringe where you're allowed to alter that, the 20

topography and add fill and add structures and 21

things like that. So this is -- this change is some 22

distance away from the floodway, and, therefore, we 23

see no impact to the carrying capacity or the 24

conveyance of the flood plain. 25

96

Does it have any impact on the 1 Q.

drainage? 2

No. We're not increasing the -- we're 3 A.

not increasing the impervious surface by making this 4

change. We're taking the same roadway width and 5

same curb width and elevating it, and we're actually 6

improving, I think, the drainage because this 7

proposal also provides storm sewers along the 8

frontage of the property and on the opposite side of 9

the property because, frankly, we think that the 10

storm sewers there need to be improved. There's 11

no -- there's a long run of channel flow from the 12

upstream area all the way down to an inlet which 13

occurs on the western side of the site, and it's 14

extremely long under today's standards. So with 15

this improvement we've provided a number of drainage 16

inlets -- I think three new drainage inlets -- to 17

try to collect the water and move it more 18

effectively instead of the gutter flow situation 19

used today. 20

You used the term "channel flow." What 21 Q.

is channel flow? 22

Channel flow is flow within the 23 A.

channel of a pipe or a stream. I don't remember 24

where I used it. 25

97

You said, "there's a long stretch of 1 Q.

channel flow." 2

Oh, along a curb line I should say. 3 A.

That's channel flow when water collects into any 4

type of channel whether it be up against a curb with 5

the pitch of a road or a pipe or a stream bed, that 6

is channel flow. So I think it's better suited that 7

we have the water, the storm water collected into a 8

pipe below grade and then discharged to the stream 9

instead of long runs of gutter or channel flow. 10

Is there a storm sewer pipe under 11 Q.

Birchwood Avenue? 12

Only -- only on the west side of the 13 A.

site and I'm running my finger from approximately 14

where the stream crosses underneath Birchwood Avenue 15

through a pair of storm sewers, and it only extends 16

maybe a couple hundred feet, maybe only 150 feet to 17

the east and then stops at a low point just east of 18

that storm -- stream crossing. So as I was 19

describing the gutter flow, or channel flow as I 20

described it, there are no storm sewers continuing 21

all the way to the east, all the way to the high 22

point, which is out in front of the elderly care 23

facility. 24

Will this have any impact on properties 25 Q.


98

to the east of the road improvement? 1

No. Those properties are and have 2 A.

always been outside of the flood hazard area and 3

therefore they'll see no impact at all. 4

Will it have any impact on the drainage 5 Q.

for those properties? 6

Not that I'm aware of, other than 7 A.

to -- to enhance the, you know, the collection, the 8

gutter flow issue I described. I don't see any 9

impact to those properties at all in terms of 10

drainage. 11

Now, the -- the improvements will -- 12 Q.

can you show us --just with your finger -- just show 13

us the extent of Birchwood Avenue that would be 14

improved? 15

I'm going to show you. It runs from 16 A.

basically right in front of the driveway, the 17

westernmost driveway, the elderly care facility to a 18

point, and, again, I'm sorry, I used the incorrect 19

dimension. Looking at my profile it's about 300 20

feet, not 200. My apologies. I don't have a scale 21

with me, but it's about 300 feet from the 22

westernmost driveway in a westerly direction 23

toward -- toward the stream crossing. So it's about 24

300 feet. I'm showing it right there with my 25

99

fingers. 1

Okay. And do you have a plan that 2 Q.

actually shows the extent of the improvement, the 3

length of the improvement? 4

I do. That was C -- C-18 shows it in 5 A.

a much larger scale; one inch equals 30 scale and 6

then shows the profile. That's the storm sewer 7

profile. Sheet C-19 shows the improvement area 8

profile, and that's where I got the 300 feet, 9

approximately from station 7.00 to 10, about 300 10

feet. 11

Now, is the improvement entirely in the 12 Q.

cartway? 13

No. Some of the sidewalks also would 14 A.

be raised because there's a six-inch curb along 15

that. So starting at a point just to the west of 16

the elderly care facility driveway, the sidewalk 17

would be raised also within that area. And I 18

believe we are proposing to replace two concrete 19

aprons within the right of way, one to the elderly 20

care facility and one to the DPW property on the 21

opposite side of the street. 22

Now, do you have an opinion as to 23 Q.

whether this proposed improvement would satisfy 24

NJDEP standards? 25

100

I -- I definitely believe it would, 1 A.

yes. 2

And do you have an opinion as to 3 Q.

whether this improvement would remedy the deficiency 4

identified in the March deficiency letter? 5

Yes. That's the intent of the 6 A.

improvement and I believe it would. It would raise 7

the -- it would raise the road up to one foot above 8

the flood hazard area elevation and therefore comply 9

with that section or that interpretation of the 10

regulations. 11

Have you considered any alternatives to 12 Q.

this improvement? 13

Yeah. Yes, we did. We considered two 14 A.

alternatives. One would be to connect to the 15

driveway to the elderly care facility through an 16

easement because their driveway is more than one 17

foot above the flood hazard area elevation and -- 18

and that was something that -- that we considered 19

and even discussed briefly with the DEP. 20

And then the other consideration, which 21

really wasn't -- didn't go as far was a potential 22

connection to -- just for emergency purposes only -- 23

to I think it's North Union, which butts into the 24

property at the south side. But the elevations on 25

101

North Union are slightly not quite one foot above, 1

so we'd only be able to connect at one foot above 2

and then we'd quickly be -- we wouldn't be within 3

that one foot above, not too far down the road. So 4

we didn't think that that was a real alternative. 5

So we looked at really those two alternatives 6

mainly, and this is the one that was most promising. 7

Was there a reason why, was there a 8 Q.

reason, to your knowledge, why, using the driveway 9

of the adjacent property was not chosen? 10

I don't know. I discussed it with my 11 A.

client and -- and I don't know the outcome of the 12

discussion of the elderly care facility, but I was 13

instructed to pursue the roadway elevation on 14

Birchwood Avenue. So, no, I'm not aware of exactly 15

why not. 16

Now, that other alternative would be on 17 Q.

private property? 18

That's correct. We would have to get 19 A.

an easement and we'd have to construct a little bit 20

of driveway on the neighboring property. That's 21

correct. 22

So you couldn't do it without the 23 Q.

agreement of -- of the adjacent private property 24

owner? 25


102


Now, on this -- what I'd like you to do 2 Q.

is describe the landscaping for this project. 3

Sure. I put A-14 back up on the 4 A.

easel, and that's the colored version of the site 5

plan with the landscaping superimposed. And I'll 6

generally describe the landscaping and -- I'm sorry, 7

I'm gonna have to refer to -- I don't have the 8

species marked on here. I'll give a general review 9

off of A-14. 10

Effectively, the landscaping consists 11

of some street trees proposed along Birchwood 12

Avenue, kind of intermixing with some of the 13

existing taller trees that are to remain in front of 14

235. And in front of 215 there are a few clusters 15

of trees, so we'd have some street tree varieties 16

along Birchwood Avenue. As you enter the site, 17

there are what we refer to as foundation plantings 18

along the building and some ornamental type trees, 19

and these are trees that maybe don't grow as tall as 20

shade trees as we have on Birchwood Avenue. But I 21

can get the species and they may actually be 22

quantified shade trees. We have some ornamentals 23

near the entrance. Continuing through the site we 24

have landscaping, attractive landscaping around some 25

103

of the courtyards and then more foundation planting 1

down along the south side of the building. 2

Continuing to the south, we have a -- a 3

dense buffer of evergreens along the south side of 4

the property and foundation plantings along the 5

building. 6

Coming north along the east side of the 7

property we have a very dense row of arborvitae, 8

which are proposed to provide that low lying buffer 9

from the development to the elderly care facility to 10

supplement the very tall deciduous buffer which 11

exists today along that property line. 12

And then as you go up you'll see these 13

red circles, which are other trees that are proposed 14

in landscaped islands and then some additional low 15

lying features, landscape features around the front 16

of the building near the entrance. 17

The area here, which is a light green 18

color is where the existing building of 235 and the 19

parking lot exists today. So all those features 20

would be removed and that would be returned to like 21

an open lawn, you know, we envision, you know, like 22

a park-like environment there with still a fair 23

amount of tree canopy throughout the site. And then 24

we have lawn areas, you know, scattered in some 25

104

areas throughout the site. I think this is colored 1

incorrectly as green. That wouldn't be green. So 2

that's just not on -- oh, that's the areaway that we 3

discussed. So that would probably -- I think Mr. 4

Lessard said it would be a stone or something like 5

that. That's just -- that's just colored 6

incorrectly. So that's generally the landscaping. 7

Would you like me to further discuss the species? 8

No. The species are shown on your 9 Q.

landscaping plan? 10


Now, does Cranford have a tree 12 Q.

replacement ordinance? 13

Yes, they do. 14 A.

And under the tree replacement 15 Q.

ordinance, have you done a tree survey? 16

We did. As part of the property 17 A.

survey, we had -- we located all of the trees. And 18

if you were to look at this plan closely you would 19

see little circles that say T-12, T-24, T-36. 20

That's the diameter of the tree. It's called DBH or 21

diameter of breast height, and that is how those 22

trees are identified. So we did a full tree survey 23

within the kind of the open areas of the site. 24

Now are there areas where you're 25 Q.

105

preserving existing trees? 1

Yes. Quite a few, actually. 235 2 A.

Birchwood is -- it's really got a lot more mature 3

trees that are kind of intermixed within the -- the 4

existing development. They have large trees that 5

grow up in between grassed landscaped areas in 6

between driveways and parking areas. And then along 7

the front of Birchwood Avenue they have quite a few 8

mature trees. So we're not really disturbing 9

anything over in that area. There's no reason to 10

bring those trees down. So in that area we have 11

trees that measure 36 inches in diameter, 24, 18, 12

16. So there's a significant amount of trees that 13

remain primarily on this site. And then we have a 14

few that remain along the Birchwood Avenue -- 15

frontage of 215 Birchwood Avenue. The parking, the 16

building and the parking lot exist here, so we 17

really only have scattered smaller trees throughout 18

that parking area. And all within the wetlands 19

buffer -- I'm sorry, within the freshwater wetlands 20

area and -- and the forested area to the rear or the 21

wooded area, I should say, to the rear, all those 22

trees are gonna remain. So there's a significant 23

amount of existing trees that will remain on the 24

site. 25


106

Are you preserving any of the trees at 1 Q.

the eastern boundary of the site? 2

Yes. Most of those trees are on the 3 A.

adjacent site. The property line kind of runs right 4

where the trees begin so we're not proposing to 5

knock down any of those trees. We have a 10-foot 6

buffer as I described before, before we get to the 7

property line, so there's no need to take down those 8

trees. 9

Incidentally, did you do any 10 Q.

measurements of -- of the heights of the trees along 11

the eastern boundary of the property? 12

Yes. I would guess that I did that in 13 A.

2008 or in 2009. It was requested that I go to the 14

site and determine the heights of the trees and we 15

did so. I took photographs of the trees, and I 16

marked the photographs to show the heights of the 17

various trees. And they varied. You know we had 18

some trees that were in the 30-foot, 30-plus-foot 19

range and some trees that climbed up as high as I 20

believe, Mr. Lessard was correct, as high as 79 21

feet. Some of those trees exist along the eastern 22

boundary, and most of those trees we have a 23

pretty -- a pretty uniform height of trees along the 24

southern boundary of the property. 25

107

Now, under the terms of the tree 1 Q.

replacement ordinance, how many trees would you have 2

to plant on this property? 3

According to the calculation based 4 A.

upon -- this is all based upon the number of trees 5

that we take down, their size and then you have a 6

replacement ratio, so given all that, we would need 7

to replace -- we would need to add 295 trees. 8

How many trees are you in fact 9 Q.

proposing to plant? 10

MS. McKENZIE: How many trees?11

295, as shown on my plan. I have a 12 A.

tree removal table which calculates the diameter of 13

the trees. This is an answer I should know. I 14

think at last estimate it was -- it was about 180 15

new trees. And I'm using my planting schedule, 16

which includes trees all of three-inch caliber or 17

greater and the Evergreen schedule, which also 18

includes three-inch caliber or greater. So they 19

need to be replaced with a tree which has a caliber 20

of three inches or more. 21

Now, is there some reason why you can't 22 Q.

plant another 115 trees? 23

Well, we didn't really propose -- 24 A.

there's a number of reasons. First, we think that 25

108

the parklike environment and the existing tree 1

canopy is very good, very sufficient, a lot of trees 2

on the site. But also we didn't want to plant new 3

trees down in the floodway where we had room. And 4

then the site again is encumbered by wetlands, so we 5

really tried to fill up a lot of the areas that we 6

could, you know, throughout the site. 7

Are there health and safety reasons why 8 Q.

it might not be desirable to plant additional trees 9

in the floodway? 10

Well, the trees eventually grow up and 11 A.

the trees get wide and then they could -- they could 12

block that floodway, you know, debris could pile up 13

behind them and then they could block the floodway 14

even further. I don't know if it's a significant 15

problem, but that was -- we didn't specifically 16

plant trees in the floodway for that reason. 17

Now, is the applicant requesting to the 18 Q.

extent it's relevant, is the applicant requesting a 19

design waiver on that issue? 20

Yes, they are. 21 A.

Now, on this plan, do you show bicycle 22 Q.

racks? 23

We do. We show two bicycle racks. I 24 A.

think each one has the capacity to store about 20 25

109

bicycles. And we show one near the garage entrance 1

at Building A, and we show one along Building C -- 2

out on the northern half of Building C, the 3

multilevel parking garage. 4

Approximately -- racks for 5 Q.

approximately how many bicycles? 6

I have a detailed bike rack. There's 7 A.

really -- I think we were able to store by the 8

manufacturer's recommendations about 20 bikes each. 9

I mean there's plenty of room to expand further, but 10

about 20 bikes each so about 40 bikes. 11

Does Cranford have a bicycle rack 12 Q.

provision in their design standards? 13

They do. 14 A.

And under that provision, how many 15 Q.

bicycle racks would you be required to provide? 16

You can correct me on the number. I 17 A.

think it's 394. 18

I think it's a smaller number than 19 Q.

that. Maybe that's right. It's the actual cover 20

letter of the application. That's that figure? 21

MR. MORIN: Mike's got a good memory. 22

MR. EISDORFER: 394. 23

MR. MORIN: 394.24

394. Not bike racks but there should 25 A.


110

be a rack sufficient to store --1

MS. McKENZIE: Bike spaces. 2

-- 394 bike spaces. 3 A.

Are you requesting a design waiver on 4 Q.

that? 5

We are, yes. 6 A.

And why is that? 7 Q.

Well we think that's exorbitant number 8 A.

of spaces for bicycles for this type of development. 9

I should also say that the architect also plans to 10

provide some bicycle storage within the parking 11

garage area, but 394 is just an exorbitant number of 12

bike spaces. And we think that given 40 bike spaces 13

here, that's sufficient for this development. 14

Subject to those two waivers do you 15 Q.

have an opinion as to whether this project complies 16

with the terms of the Cranford Inclusion Railway 17

Development Ordinance? 18

I think it does fully, with that -- 19 A.

and then with the slight change to the buffer area, 20

yes, that it would comply fully. 21

And do you have an opinion as to 22 Q.

whether it fully complies with the terms of the 23

court order of December 9? 24

I believe it does comply fully with 25 A.

111

that court order. 1

Now, in -- now do you have an opinion 2 Q.

as to whether it is feasible for this project to 3

secure the various DEP permits that are required? 4

Yeah. My professional opinion is that 5 A.

this development, as proposed, can secure the 6

various DEP permits, wetlands, flood hazard area, 7

treatment works approval, yes. 8

What I'd like to do is -- 9 Q.

THE COURT: Can I ask a question, if 10

you don't mind. 11

If the road isn't raised, the grading 12

-- the request to change the road for that three 13

hundred feet, there is a partial waiver provision 14

that's available from the DEP. What do you think 15

the chances are of getting that either from DEP or 16

from the Appellate Division? 17

I'll ask Steve the second part of that 18

question.19

THE WITNESS: Well, we asked the same 20

question of the DEP. Because traditionally, and -- 21

and I state this, you know, very assertively, that 22

the DEP has, in my experience has never taken that 23

position on the roadway and clearly hasn't in the 24

riverfront and clearly hasn't done it in Englewood. 25

112

So when asked what are the chances of just securing 1

the hardship waiver, which is -- we didn't really 2

get an answer. It really depends on what they think 3

of the application. That was the answer that we 4

got. I think it -- I think honestly it should. I 5

think it should go without a hardship waiver in my 6

professional opinion but I don't know. 7

THE COURT: We seem to be past that 8

point for the moment, but how long does that process 9

take to make a request for a hardship waiver and get 10

a response typically administratively? 11

THE WITNESS: Well, the application is 12

just modified slightly. You have to make certain 13

proofs. They're generally narrative proofs that you 14

make. You submit that to the DEP and -- 15

THE COURT: This is on papers, right? 16

There's no appearance, right, there's no argument? 17

There's no forum like this? You just submit your 18

request and they either grant it or deny it? 19

THE WITNESS: Yes. Generally there is 20

-- the DEP does have the ability to conduct 21

hearings. 22

THE COURT: By sending it to an ALJ? 23

MR. EISDORFER: No. They conduct 24

public hearings. They would conduct a public 25

113

hearing in Cranford on the hardship waiver. 1

THE WITNESS: Right. I think that's 2

-- subjectively they don't always do it, but -- 3

THE COURT: How long does it take from 4

beginning to the end? A month? Six months? Two 5

years? 6

THE WITNESS: No, I don't believe so. 7

I would guess that it's a period of months that 8

this -- it's part of the review process and I don't 9

know how long it would take to schedule the 10

hearings, to hold the hearings and for them to make 11

a decision. But generally a flood hazard area 12

permit can be procured within a period of about six 13

months. And that's from time of application to time 14

of completeness to review. Usually they ask for 15

more information, resubmission, and then issuance of 16

permit. I would suggest that that process could be 17

lengthened a bit with the hardship, but not 18

significantly. That's my opinion. 19

MR. MORIN: Mr. Wolfson, just since 20

we're taking counsel's opinions on things, certainly 21

we'd like -- 22

THE COURT: Well, I just asked. 23

MR. MORIN: No, but Mr. Eisdorfer 24

offered that a public hearing would be held in 25


114

Cranford on a hardship waiver. Certainly we'd like 1

-- the township would like the hearing held there. 2

The township would like these hearings held there in 3

the evening, but we don't always get what we want. 4

THE COURT: I'm not sure what that 5

added to the discussion, but thank you. 6

MR. MORIN: Well, I'm just saying 7

there's no -- we're offering truisms from counsel 8

table, and I'm saying it would probably be held in 9

the -- it most likely could be held in the hearing 10

room down in Trenton where they hold a lot of public 11

hearings for DEP issues. 12

THE COURT: We don't know where they 13

would be held.14

MR. MORIN: So I just find the 15

comment, you know, gratuitous, and I felt I needed 16

to respond. 17

THE COURT: Okay. 18

BY MR. EISDORFER: 19

Now, before lunch there was a little 20 Q.

bit of -- of confusion as to what materials were 21

before DEP at the time it issued the deficiency 22

letter, and what I'd like to do is just to clarify 23

that issue. And now I understand from what you said 24

before lunch that your engineer's report that we've 25

115

marked as A-6, that parts of that have been revised 1

and the DEP has not seen. What I'd like you to do 2

is just highlight the parts of A-6 that were before 3

DEP at the time it issued the deficiency letter and 4

the parts that have been revised.5

So as I mentioned, A-6 is really 6 A.

divided into five different sections. And they are 7

hydrology, and that is the study of the upstream 8

watershed, and that section has not changed -- from 9

the beginning of our submission has not changed 10

today. 11

The second section is titled 12

Hydraulics, the Hydraulic Analysis of Rahway River 13

Branch 1024 and all the information that's included 14

in that section has not changed. That is a 15

consistent study. We haven't revised that. 16

The flood storage, which is the third 17

section, is the section that actually did change. 18

And it changed because we included the proposed 19

modification to Birchwood Avenue. So we used the 20

number for existing conditions for the flood hazard 21

area -- and, again, we have to look at the tenure 22

too. And then we look at the proposed conditions, 23

so those numbers as we tweak them and change the 24

road and add the flood storage, those numbers have 25

116

changed very slightly. Although I will say that 1

they're really the same order of magnitude, about 2

300 hundred and some thousand cubic feet. The one 3

I'm looking at is 316, and I believe I said it was 4

313 before. So there's some slight changes to the 5

flood storage there. 6

The other section is -- 7

Mr. Dipple, let me just stop you there 8 Q.

and make sure I understand what you're saying when 9

you say the change in the flood storage, that's the 10

change due to the fill that you're going to put in 11

Birchwood Avenue. 12

Yes. 13 A.

The proposed flood storage. So when 14 Q.

we -- whenever we change the proposed grading, we 15

might lift the site, an area of the site up and then 16

lower another site area. And we're doing this to 17

the cubic foot of flood storage, so as you can 18

imagine, any slight little change is going to change 19

that number, not significantly but the numbers have 20

been tweaked kind of across the board. 21

THE COURT: The court reporter is 22

having a hard time hearing the witness. Can we 23

silence that phone. 24

Mr. Dipple, in the flood storage 25 Q.

117

section of A-6, did any of your anlysis of the 1

existing conditions change? 2

I'm not aware that they did. You 3 A.

know, we were asked by the DEP to calculate the 4

flood storage in two different ways, and I don't 5

remember when we made -- we added another section so 6

we calculated it using the computer model that we 7

used, which we think is the most accurate way, but 8

DEP said they had problems with that methodology. 9

So we used one of the older methods, which is 10

commonly referred to as the end-area method. 11

So I don't think that they did. I 12

don't have all the numbers from all the prior 13

submissions, but what's before you is a comparison 14

of existing and proposed. And the existing is, 15

again, three hundred and some thousand cubic feet. 16

And then the proposed is 316,000 so it's a 17

comparison. I don't believe that they did, but I'm 18

not -- I can't -- I can't say that with any -- any 19

degree of certainty. 20

MS. McKENZIE: Can I just be clear; 21

you're saying you're not sure if that section has 22

changed? 23

THE WITNESS: No, this section was 24

changed. This section was definitely changed. 25


118

MS. McKENZIE: The existing 1

conditions. 2

THE WITNESS: The existing conditions 3

I'm not sure. I'm seeing a number that is slightly 4

different than the number that was on the page 5

earlier. That was from FS-1, so my point being is 6

that -- is that the numbers here are all a 7

comparison of existing to proposed. And I don't 8

believe so, but I'm seeing something that's slightly 9

different, just one digit off. 10

How about the storm water sections of 11 Q.

A-6? 12

No, moving through the report, I don't 13 A.

recall any changes to the storm water management 14

section. Again, the change really dealt with the 15

Birchwood Avenue improvements and -- and the flood 16

storage. So we didn't change our storm water 17

management design from the time we submitted to the 18

DEP to the time that we submitted the site plan 19

application to Cranford Township. 20

And, finally, you have a section called 21 Q.

Structural.22

Right. And, no, that section did not 23 A.

change from the last time we submitted to the DEP to 24

the time that we submitted this to Cranford 25

119

Township. 1

Did you receive reports from various 2 Q.

professionals in Cranford Township? 3

We did. 4 A.

And did you -- did you prepare a 5 Q.

response to those reports? 6

Yes, I did, on two occasions. 7 A.

Okay. Let me ask you to look at A-12. 8 Q.

You're gonna give me a copy of that? 9 A.

Do you want a copy? 10 Q.

Well, is this A -- which is A-12? I 11 A.

have a copy of A-12, which is my letter to Mr. Morin 12

dated July 1, 2012. 13

MR. MORIN: July 31? 14

THE WITNESS: July 31, my apologies. 15

And do you have a copy of -- now, you 16 Q.

have dealt with the professionals one by one, and 17

you first responded to Mr. Hudak's comments. Can 18

you tell us what each of those comments were? 19

Yes. 20 A.

And what your response was. 21 Q.

Yes. Mr. Hudak is the zoning officer, 22 A.

and he issued a letter dated July 18, 2012, and he 23

did it in tabular form where he pointed out 24

ordinance sections -- pointed out the requirement 25

120

and then pointed out how we may or may not comply 1

with that section. 2

Section 136-21D(15), Mr. Hudak says, 3

The applicant did not appear to show the location of 4

solid waste storage and disposal facilities. Our 5

response is that all trash collection will be 6

handled indoor, and at a subsequent meeting that was 7

discussed between the architect and Mr. Hudak. 8

The next section, 136-21D(18), the 9

plans do not appear to indicate location of any 10

proposed signage. Our response is no signage is 11

proposed at the development. And this I'm referring 12

to signage that would fall under ordinance 13

requirements, not traffic signage like stop signs 14

or -- or handicapped parking signs or anything like 15

that. That's outside the bounds of the ordinance. 16

Next section is 136-23F(1), and Mr. 17

Hudak's comment was the applicant does not appear to 18

provide any type of utility plan. And my response 19

is sheet CO-5 is entitled Grading Drainage and 20

Utility Plan. This sheet shows all proposed 21

utilities. I believe Mr. Hudak just missed that and 22

that was discussed at the meeting. 23

Next section, 136-23G(3)(c)[5], it 24

appears that on site parking garage will be set back 25

121

only 27.48 feet from the right of way. Our response 1

is according to sheet CO-3 the shortest distance 2

between the parking level of Building A and the 3

right of way is 25.36 feet. So generally just a few 4

feet closer than Mr. Hudak mentioned. 5

Next one, 136-23G(3)(d)[1], it appears 6

that the on site parking spaces shall measure only 7

162 square feet where the Cranford ordinance 8

requires 180 square feet. Our response to that is 9

that all parking is 9 feet by 18 feet consistent 10

with Residential Site Improvement Standards Section 11

5:21-4.15. 12

Just pause there. You're familiar with 13 Q.

the residential site improvement standards? 14

I am, yes. 15 A.

And what is the significance of 16 Q.

residential site improvement standards for a 17

residential development? 18

Well, the Department of Community 19 A.

Affairs produced a document called the Residential 20

Site Improvement Standards some time ago, which 21

governs how all residential developments need to be 22

designed. It is the standard by which they should 23

be designed. It is there to eliminate confusion 24

going from one town to the next when it comes to 25


122

these residential housing developments so that they 1

should all be consistent. So they've produced a 2

standard and in that standard they say that 3

residential parking shall be 9 feet by 18 feet. 4

Under the residential site improvement 5 Q.

standards can municipalities require higher 6

standards? 7

Not that I'm aware. 8 A.

Please proceed.9 Q.

Section 136-23G(3)(j), a portion of 10 A.

the parking area along the southern property line 11

appears to be illuminated less than the required 1.1 12

foot-candles as per the proposed lighting plan. Our 13

summons is a small area of the parking lot adjacent 14

to the proposed parking structure is shown to have 15

illumination as low as 1.11. An additional site 16

light will be added to increase the proposed light 17

level in this area. So there was one little dark 18

area. It's not very dark; it's actually bright, but 19

it will be increased to the 1.5 minimum. 20

136-23G(3)(k), it does not appear that 21

double spaced markings were provided. We got some 22

clarification on that that the double stripe is what 23

they were looking for. That's not described in the 24

RSIS, but we have no objection to that as long as 25

123

the spaces are still 9 feet by 18 feet. 1

The last two comments are statements of 2

fact by Mr. Hudak regarding the bicycle racks, the 3

waiver sought for bicycle racks and tree 4

replacement. 5

Did you receive a set of comments from 6 Q.

Mr. Belluscio, the construction official? 7

We did. And his letter is also dated 8 A.

July 18, 2012. And in my letter I specifically 9

mention that I'm only going to address Section 4 10

because the other sections, 1, 2, 3, and 5, relate 11

to the architecture, and they were addressed by Mr. 12

Lessard. So I'm going to go to page 3, and I'm 13

going to start with Section 4, which is Required 14

Accessible Parking Spaces. 15

And I'm going to generalize these 16

because they're written kind of long, just to save a 17

little time. But Mr. Belluscio's comment was that 18

the number of barrier-free parking spaces is 19

inadequate based upon the plans provided. Later he 20

says that we need 12. We are under the opinion that 21

we need 14, so we're providing 2 additional spaces 22

than he requested. 23

B deals with visitor parking spaces and 24

the number of van accessible spaces. Again, this 25

124

was discussed at the meeting, and our response is 1

that the code does not appear to require visitor 2

spaces to be designated. Section 4-D of my response 3

below and I believe that there's a typo in his 4

comment because it is one out of every eight 5

accessible spaces shall be van accessible and we 6

intend to comply with that, and I've already 7

provided testimony regarding that. 8

4-C deals with the calculation of the 9

number of barrier free parking spaces. Again, these 10

are also ADA; that barrier free is what the building 11

code relates to, and our comment is generally the 12

same as A that we're providing 14 and we believe 14 13

are required. 14

D again deals with visitor spaces and 15

just a note that the barrier-free parking spaces for 16

van accessible -- I'm sorry just regular barrier 17

free parking spaces are wider than standard spaces. 18

We believe that 14 can be required with no reduction 19

in parking. 20

So that's really it for Mr. Belluscio's 21

letter. 22

Did you receive a letter from Mr. Dolan 23 Q.

the fire chief? 24

Yes. Mr. Dolan issued a letter also 25 A.

125

dated July 18, 2012, and Mr. Dolan wrote the letter 1

in paragraph form, so I'm not going to be able to go 2

point by point. But I did provide some responses. 3

And in general the first paragraph of his letter 4

deals with water supply where Mr. Dolan believes 5

that 2,000 gallons per minute should be provided at 6

the hydrant and that they measured between 15 7

hundred and 16 hundred gallons per minute. I think 8

one of the hydrants was slightly higher than 16 9

hundred, but 1624, and again I provided testimony 10

that we had hydrant flow tests showing that we are 11

closer to the 2,000 gallons per minute. However, 12

we've discussed, you know, potential remedy to that 13

situation in detail. 14

The second paragraph, water supply, 15

describes his suggestion of increasing the size of 16

the main. And I've discussed that our response is 17

really that we have to look at fire flows in the 18

upper floors of the structure, and that is something 19

that Mr. Lessard and his group of architects would 20

do. 21

The second subject matter in Mr. 22

Dolan's letter deals with fire department access 23

where Mr. Dolan discusses the apparatus as it goes 24

through the site. He talks about the two turns at 25


126

the south side of the side that I had the diagram 1

for. He talks about the potential to widen the road 2

out to 30 feet. And our response is -- directs him 3

to Section NJAC 5:21-4.5, table 4.3 of the 4

Residential Site Improvements Standards. Where we 5

believe according to that table 4.3 that the 6

required travel way shall be 24 feet wide. We did 7

agree that we would take a look at those two turns. 8

That's something that's discussed in this letter, 9

given the turning template that was provided in his 10

July 18 letter and we did so, and I provided a 11

diagram that shows that we'd be willing to enhance 12

those turns to make sure that this type of truck can 13

make the turns around the back of the site. 14

What type of enhancement would be 15 Q.

possible? 16

We're proposing to increase the radius 17 A.

of the inside of each of these turns here to give 18

the truck -- and this is the south side of the 19

building where we have two 90-degree turns. And 20

where our radius now I believe is 25 feet, if we 21

increase that to a 30-foot radii, that can 22

accommodate the truck and my diagram, which was 23

marked A-15 shows that improvement. 24

And then Mr. Dolan discusses the 25

127

possibility of flood events and what would happen. 1

And I refer to him -- I refer him to the DEP Flood 2

Hazard Area Rules and Regulations where one access 3

to the development must be provided at an elevation 4

of one foot above the regulatory flood elevation. 5

So that, you know, in our opinion would be compliant 6

with that standard. 7

Now, did you receive a letter from Mr. 8 Q.

Marsden --9

We did. 10 A.

-- the municipal engineer.11 Q.

Mr. Marsden's letter is dated July 20, 12 A.

2012. I have a copy of that here. 13

Mr. Marsden enumerated his comments 1 14

through 40. 15

Comment No. 1, Mr. Marsden is aware 16

about gate valves which existed at one point. I'm 17

referring to the sheet CO-2 where the discharge 18

pipes leave the existing development at 215 19

Birchwood Avenue to the ditch where there were gate 20

valves or some type of valve at one point at that 21

location and he indicates that they should -- the 22

engineering report did not show them or not 23

considered. My response is as discussed in 24

testimony. When I refer to testimony, I'm referring 25

128

to the Superior Court testimony from August of 2010, 1

and in my opinion it was agreed upon that the valves 2

should be analyzed in the open state as they have 3

been for a period of five years or greater. And I'm 4

referring to the five years because the storm water 5

management rule refers to existing conditions as 6

they existed for a period of five years. 7

Now, is this an issue that you 8 Q.

ultimately have to satisfy the NJDEP? 9

That's correct, yes. They will review 10 A.

my storm water management calculations. 11

And Mr. Marsden's entitled to make a 12 Q.

submission to NJDEP and urge that position before 13

NJDEP? 14


Please proceed.16 Q.

Comment No. 2 is a -- is a -- it's 17 A.

just a lengthy discussion of the -- of the floodway 18

line. The results of the floodway line. And -- and 19

whether or not he believes it's accurate, and I have 20

issued a supplemental response. My initial response 21

was that we do not agree with this comment and that 22

the DEP is tasked to analyze our hydrologic and 23

hydraulic models. But in essence we didn't 24

necessarily agree with the points of that letter, so 25

129

I issued a supplemental response which I'd like to 1

refer to that, if I could. 2

Sure. 3 Q.

And I have a copy of it here. I don't 4 A.

remember what -- 5

That's A-13.6 Q.

A-13, which is my letter of August 6 7 A.

to Mr. Morin, and our supplemental response to 8

comment 2, it's quite lengthy. Would you like me to 9

read that, or would you like me to summarize it? 10

Summarize it. Explain it.11 Q.

In summary, we basically state how the 12 A.

floodway is calculated through what's called an 13

equal conveyance methodology, and -- and how we 14

don't believe that the floodway really needs to 15

follow the contour lines as it does on the western 16

side of the property. And there's a good reason for 17

that, that the western side of the property is built 18

up very significantly and very steep and that bounds 19

the flood plain and the -- the floodway and the 20

flood hazard area, so you would see that both lines 21

follow the contour lines very well. But in this 22

area we're only talking about the conveyance of the 23

stream. So that may go up and down over the top of 24

some of these contour lines. However, this area is 25


130

really very, very flat. So we really see no 1

significant change in grade and that's really -- 2

kind of goes to how a floodway is calculated and we 3

describe in great detail how the floodway is 4

calculated. 5

Is this going back to the imaginary 6 Q.

walls? 7

Yes. 8 A.

The procedure that you described 9 Q.

earlier? 10

Yeah. That's exactly it. So, you 11 A.

know, we concur that, yeah, it follows the contours 12

on the opposite side where that property was built 13

up significantly right adjacent to that stream and 14

where this site really is dead flat and really takes 15

on the burden of the floodway. So we -- we are 16

just -- we have a very lengthy discussion of that, 17

that point. 18

Now, is this ultimately a matter that 19 Q.

DEP will have to resolve? 20


Shall I continue? 22

Please.23 Q.

I'm going to move on now to comment 3, 24 A.

very -- he mentions a pipe that we showed to be 25

131

removed on the demolition plan. We've agreed not to 1

remove that pipe and we will comply and amend the 2

plan. 3

Where is that piping? 4 Q.

Okay. All right. There's an existing 5 A.

storm sewer and I show it on my demolition plan. 6

And Mr. Marsden did enlighten us on some of the 7

purpose of that pipe. It really is insignificant. 8

We'd rather not remove it to be honest with you. It 9

was shown -- after hearing Mr. Marsden's 10

description, we really agree that it should not be 11

removed and we take no objection to that. 12

Comment No. 4 with regard to 13

construction fencing, again, my response is that we 14

will comply with this. 15

Comment 5 is just a statement of fact 16

that the construction subcode official should review 17

the plans, and we agree with that. 18

Comment No. 6 deals with just labeling 19

of grass areas, and we will comply and have plans to 20

do so. 21

Comment 7 requests easements around 22

pipes, sanitary sewers and storm sewers. We suggest 23

that we will comply with municipal-owned utilities 24

only and not all utilities. So that's the standard 25

132

course of action. 1

Comment No. 8, it was just a question 2

about the area way and I believe Mr. Lessard really 3

addressed that significantly with the area way, and 4

I don't have any further comment on that. 5

Comment No. 9 is generally kind of a 6

reiteration of the fire department's comments. 7

They're very consistent with those where they 8

request a wider access way and they request us to 9

look at the two 90-degree turns. So without 10

spending a lot of time on that I think that we've 11

addressed our position on that. 12

Comment No. 10, again, this is another 13

one of the comments that deals with our hydrologic 14

and hydraulic models that we've issued a 15

supplemental response to. And, again, our response 16

is not quite as lengthy, but it deals with the 17

Birchwood Avenue modification. Mr. Marsden's 18

position is that the northeasterly entrance by 19

modifying such -- and I'm paraphrasing a little bit 20

-- will push the hundred-year flood line 21

approximately one hundred feet closer to the stream. 22

This will reduce the stream cross-section and raise 23

the height of the flooding upstream. And we do not 24

agree with that. And the reason we don't agree with 25

133

that is that the DEP does allow us to modify the -- 1

the flood hazard area line. We've done so 2

significantly, we'll say, between existing and 3

proposed conditions. The requirement is that the 4

dead flood storage remains equal in volume. So by 5

moving it at Birchwood Avenue, we haven't changed 6

really the conveyance section of the flood event, so 7

you can push that in a little bit. It doesn't mean 8

that it raises the flood elevation. That means that 9

you might see some change in energy, you might see a 10

slight change in velocity, but it does not result in 11

a change in elevation. So we don't agree that it 12

would do that. So we've kind of produced a lengthy 13

response to that with some technical data to support 14

it. 15

Is this an issue that will have to be 16 Q.

resolved by the DEP? 17


Comment No. 11 deals with snow removal, 19

and we discussed that we would provide in our 20

package a snow storage plan. 21

And have you prepared such a plan? 22 Q.

We have prepared an exhibit, but I 23 A.

don't think you have it marked, Steve. 24

Let's mark that as A-23.25 Q.


134

So A-23 is a snow storage exhibit, and 1 A.

we took a look at some of the areas where -- I am 2

going to stand behind here. Some of the areas where 3

we could potentially store snow, should a large snow 4

event occur. And we have large lawn areas in the 5

front of the site. We have a number of locations 6

where the opportunity to store snow in smaller 7

locations as you make your way through the parking 8

lot, we have some of these courtyards which would 9

hold significant amounts of snow. We have a large 10

area to the rear before we get between the proposed 11

driveway and the ditch where we could store some 12

snow. There are Evergreen trees there, but we still 13

see an opportunity to store snow. Up the east side 14

there is actually space between the curb and where 15

the arborvitae start and we could have snow storage 16

and within the islands of the east side in order to 17

store snow and then more opportunities along the 18

east most driveway. So this is a general plan for 19

that. I think there are other opportunities that 20

exist for snow storage. Alternatively, snow should 21

there be I significant event could be carted off 22

side. 23

Do you know what the client's practice 24 Q.

is in its Englewood project? 25

135

Yes. In Englewood the development is, 1 A.

specifically on the north side, the development was 2

dense and snow storage was handled -- if the 3

snowstorm was great enough they contracted with a 4

firm to take it off site. So they found 5

opportunities on site, and if the snowstorm was 6

significant enough they took it off site. 7

Proceed to the next comment.8 Q.

That would be comment 12. And this 9 A.

comment relates to the aging sanitary sewer, which, 10

again, just barely touches the wetlands at the 11

existing ditch. That wetlands has no buffer, has no 12

real resource value. But I believe Mr. Marsden is 13

technically correct on this and that we will bring 14

that issue up with the DEP, and if a general permit 15

2 needs to be added to our application, we would do 16

so in order to install the aging sanitary sewer. 17

You talk about a general permit. How 18 Q.

does a general permit differ from an individual 19

permit? 20

Well, you're gonna test me on 21 A.

something that I -- 22

I'm asking you a simple question. I 23 Q.

don't want -- 24

I will say it's much less significant 25 A.

136

than an individual permit for wetlands in 1

particular. It differs completely from flood hazard 2

area. But the general permit there's a list of I 3

don't know how much they're up to now, 20 or 40 4

general permits and they all have different titles 5

to them. This would be one that relates to 6

utilities crossing a wetland, and I believe he is 7

correct in that if the DEP believes one is necessary 8

for that minor encroachment that we would have to 9

secure that. 10

Are general permits routinely granted? 11 Q.

Yes, it's a more routine permit, if 12 A.

that answers your question. 13

Comment No. 13. Comment No. 13 is a 14

design suggestion and that deals with the sanitary 15

sewer which is proposed at an elevation and near 16

those wetlands, and Mr. Marsden has requested that 17

we put cut-off walls within the trench so that we 18

don't drain ground water and drain the wetlands down 19

the channel of the new pipe so we've agreed to 20

comply with that in our design. 21

Comment 14 requests that we take a look 22

at conflicts between storm sewers and sanitary 23

sewers. We only have two crossings. I've taken a 24

look at them personally and I see no conflict. I 25

137

think it was just a suggestion by Mr. Marsden. 1

Comment No. 15 -- 2

When you say conflicts, what does 3 Q.

conflict mean in this context? 4

The pipes physically cross each other 5 A.

and you have to be certain that the pipes don't 6

actually hit each other when you design them. To 7

make sure that they don't run into each other 8

because they're both -- they're both conveying flow 9

by gravity so you may not be able to go down and 10

under or up and over, so you have to make sure that 11

those pipes don't hit each other when you build 12

them. We've checked that a number of times during 13

design and we don't believe they do. We can provide 14

all the information needed on that.15

Comment 15 deals with the sanitary 16

sewer downstream, and the sanitary sewer capacity 17

study is mentioned. I believe I've given 18

significant testimony regarding that. And that is 19

our response, is that adequacy of the sanitary sewer 20

system was discussed in the court proceedings and 21

now here today. 22

Do you have an opinion as to whether 23 Q.

the conveyance system is adequate? 24

Yeah. To reiterate, I believe it is 25 A.


138

adequate. I think it can adequately convey the flow 1

without any real detriment to the system or the 2

residents of Cranford. 3

16 deals with the discharge point of 4

the proposed drainage system, which is on the north, 5

extreme northwest corner of the site. Mr. Marsden 6

points out that our -- the direction of the 7

discharge point should be modified. I will say that 8

I believe that -- he cites a section. I don't know 9

if he's correct, but I will say that the DEP and the 10

soil erosion sediment control agencies will have 11

review of this. But, again, that's something that 12

we could comply with if it needed to be changed. 13

17 deals with the size of the lamps. 14

We have 16-foot streetlights throughout the 15

development. That's a pretty standard light height. 16

And these are traditional or a corn-type fixtures. 17

Mr. Marsden suggested that we make sure they don't 18

conflict with the arborvitae that are at that 19

location along the eastern boundary. We did put the 20

lights in front of the arborvitae for that very 21

reason but my response was that the trees could be 22

trimmed if in fact they grew in a way that would 23

interfere with the lighting. 24

18 deals with the request for 25

139

additional lighting along Birchwood Avenue, and our 1

position was that we don't believe that -- and it 2

relates to drop-offs and pick-ups along Birchwood 3

Avenue. Our response is given the proposed site 4

design we believe pick-up and drop-off will likely 5

occur near the front entrances of the proposed 6

buildings and that's within the site and not out on 7

Birchwood Avenue, and that we appreciate the 8

opportunity to discuss this comment further. 9

However, we did note in our meeting that there are 10

four COBRA head style light fixtures along Birchwood 11

Avenue which provide an illumination right in front 12

of the site so that there is a high level of 13

illumination in that street and, in fact, we do have 14

proposed lighting right near our driveway, so we 15

don't really think that that would be necessary. 16

Picking up your colorized plan there -- 17 Q.

A-14? 18 A.

A-14. 19 Q.

Would you point out for us where the 20 A.

likely pick-up and drop-off areas are. 21

Well, as I discussed with the loading, 22 A.

the front entrance to Building A is -- is along the 23

eastern face of the building about two-thirds of the 24

way to the south. And we have an opportunity there 25

140

that we plan to modify to provide that loading, and 1

that could be a very good drop-off location, and 2

it's right in front of the proposed entrance. And 3

then the main entrance for Building B is kind of in 4

the same location, if you're coming in the front 5

entrance. And then there's also opportunity along 6

Building C where we could drop off visitors could be 7

dropped off, you know, near the parking garage. So 8

we see most of the drop-off activity in the front 9

near Buildings A and B. 10

Might drop-offs take place in the 11 Q.

parking garage? 12

Yes. Actually, if -- the way the 13 A.

parking garage works is if you are on the upper 14

level of a parking garage, your garage level will be 15

consistent with your apartment level. I believe Mr. 16

Lessard testified to that. So it would be probably 17

likely that someone might drop you off at the third 18

and fourth level of the parking garage if you live 19

on such a level, so, yes, or even under the podium 20

in Building A also. 21

I believe you're at comment 19. 22 Q.

Yes. 23 A.

Comment 19 deals with the breezeway, 24

which I believe we discussed. This is the breezeway 25

141

and the need for a light, yes, and we -- we have 1

agreed to comply with that. We think that's a good 2

suggestion to provide additional lighting there. So 3

usually the architect provides some building-mounted 4

lighting that we're not aware of at this point but, 5

yes, that would be provided in that breezeway. 6

Comment No. 20 deals with the fact that 7

arborvitaes, could grow as high as 60 feet in height 8

and that the building would be 55-feet high. 9

Although I do know that arborvitae could grow as 10

high as 60 feet, I know it's not gonna happen 11

overnight. And there is a -- there is a tree canopy 12

along the eastern boundary so we think that the 13

growth will be restricted somewhat, you know, 14

because those arborvitae will grow up into that tree 15

canopy. And I did notice that Mr. Marsden did 16

compliment the landscaping plans in that comment and 17

did request that we take a look at the species to 18

make sure that they were -- that they could 19

withstand any kind of shade that is -- exists on the 20

site from the large tree canopy and have consulted 21

with our landscape architect, who's been to the 22

site, designed it in that fashion as he -- he 23

actually lives in Westfield and he went to the site 24

regularly and did notice the large tree canopy to 25


142

remain and designed the landscaping as such. 1

And is that reflected in your list of 2 Q.

species on the landscape plan? 3

The list of species doesn't say 4 A.

whether or not they're shade-tolerant species, but, 5

again, the design was geared toward what remained 6

and the size of the building and the shade that 7

could be casted by the building by the existing 8

landscaping. So I was informed that there was 9

definitely an eye toward that at the outset of the 10

design. 11

No. 21 just deals with silt fence and 12

its location, and we've agreed to comply with 21. 13

That would be a soil erosion measurement also, 14

requirement also. 15

22 deals with the location where we 16

place our stockpile of soil and we've agreed to try 17

to find a better spot for the contractor to 18

stockpile soil. 19

This is during construction? 20 Q.

During construction. 21 A.

Comment 23 deals with additional 22

specifications which we can provide regarding the 23

material of the sanitary sewer and how it would 24

withstand its depth of about 12 feet. Again we have 25

143

to get the sanitary sewer down to a depth to connect 1

to the existing. We would comply with that. 2

24. 24 deals with the end area storage 3

calculation that the DEP requested for the flood 4

storage, and Mr. Marsden points out that -- I think 5

it's Building A, yeah, I think it might be 6

incorrect. I didn't even pick up on that till now. 7

I think it's Building A and Building A, again, will 8

have columns which will continue through the floor 9

of the parking garage and that -- those columns 10

although we don't expect them to be that large by 11

their sheer volume will displace some flood storage. 12

So we can provide that to the DEP. We think it's 13

very nominal an amount but to be consistent and to 14

be correct we would provide that number to the DEP. 15

25 deals with the rip-rap apron design 16

and whether calculations should be provided and we 17

concur that they will be and that will be something 18

that will be part of our submission to the soil 19

erosion district. 20

26 requests additional detail on our 21

back flow prevention device which is required by the 22

DEP, and we have agreed to comply with that 23

requirement to the construction detail. 24

27 is -- 25

144

Is that the same issue of -- 1 Q.

Yeah. 2 A.

-- of the sewer pipe by the manhole? 3 Q.

I believe so, and my response is that 4 A.

the applicant will procure all necessary permits 5

from the DEP and comply with all conditions 6

requested by the DEP for the proposed construction 7

so it has to do with that connection and disturbance 8

of the wetlands. 9

Comment No. 28 deals with the 10

transition area plans. We haven't really touched on 11

those yet at all, but as part of the site plan 12

package and my submission to the DEP, I prepared -- 13

I prepared transition area averaging plan TA-01 and 14

TA-02. "TA" for transition area. And in that we do 15

that balancing of the buffer area that I described 16

earlier, and these are the calculations of -- of 17

those areas where we encroach and then provide 18

additional buffer, and Mr. Marsden's comment was 19

regarding that sanitary sewer. I'm sorry. Yes, 20

okay, I'm reading the same comment again. I 21

apologize. 22

Comment 27 and 28 deal with this -- 23

these plans and specific comments regarding some of 24

the structures that we're gonna build and how are we 25

145

gonna build them and how are we gonna comply with 1

those requirements. Our response is consistent that 2

this is part of the DEP application, and that we 3

will provide and we will comply with all DEP 4

requirements. 5

So 27, 28, and 29. 29 just deals with 6

a note about a construction fence, but we would 7

comply with those requirements. 8

30 and 31 deal with the architectural 9

plans and I believe that they were addressed by Mr. 10

Lessard, so they don't really relate to my plans at 11

all or my testimony. 12

32 through 36, I can group them 13

together. We produced a storm water management 14

maintenance manual. That's something that's 15

required under the storm water management rule to 16

show how a storm water management system would be 17

maintained over time. I have a number of typos and 18

some notes that he would like in there and so those 19

five comments we would comply with and modify that 20

report. 21

And then I'd like to group -- well, 37 22

deals with how we calculate the drainage areas. And 23

I should point out that the storm water management 24

was submitted to the DEP. It was reviewed by the 25


146

DEP, commented on the by the DEP and then modified 1

and resubmitted to the DEP. So I know there's some 2

discussion here about how we calculate some of the 3

drainage areas and how we classify some of the 4

existing ground cover types and maybe proposed 5

ground cover types. However, in my opinion I think 6

we are consistent with it's good design. There is 7

some -- there is some decision and some subjectivity 8

to the way you select these numbers and these 9

coefficients. However, I think we stand by the 10

coefficients we selected and then it would be 11

ultimately a DEP issue to determine that. And I 12

think that's consistent with 37 and 38. 13

39 is another discussion of the 14

existing outflow pipes and -- and whether they 15

should be modeled differently than we have done so, 16

and we don't believe so. 17

Is this an issue that will be 18 Q.

determined by the DEP? 19

Yes. That is correct. 20 A.

And then comment 40 deals -- 21

Mr. Dipple, just to clarify, this again 22 Q.

deals with the existing parking lot? 23

Yes. This is -- this is that 24 A.

discussion of the existing parking lot and how that 25

147

existing parking lot currently drains to that 1

existing ditch and this existence of these valve 2

stems which indicate there may have been something 3

there at one point and how that should be modeled in 4

our existing conditions model, and we've stated our 5

position on that a number of times now. 6

And that's an issue that will be 7 Q.

determined by the DEP? 8

That's correct. And then comment No. 9 A.

40, it's very thorough. It has a lot of comments in 10

it. It's written in paragraph form. It questions 11

some of our methodologies with regard to our back 12

flow prevention device. The timing of the storm, 13

the beginning of the storm and the end of the storm 14

and how it will function with the flood waters that 15

may or may not exist at the time that a rainfall 16

event occurs. And, again, I would like to go back 17

to the fact that this was submitted, reviewed, 18

resubmitted, and -- to the DEP and we believe our 19

methodology is sound. And, again, I think this is 20

ultimately the DEP's decision on the storm water 21

management. 22

And that is the final comment in Mr. 23

Marsden's letter. 24

THE COURT: Would this be a good time 25

148

to take a brief recess? 1

MR. EISDORFER: Let me just ask him 2

one more question and then I'll be finished with 3

him. 4

THE COURT: Sure. 5

Now, in light of the comments and 6 Q.

responses, do you have an opinion as to whether the 7

application complies with the terms of the -- 8

Cranford's inclusion railway development ordinance? 9

Yes. I think that the -- the site as 10 A.

designed, you know, complies with that development 11

ordinance with the exception of the two design 12

waivers and the change we promised to make. 13

And do you have an opinion in light of 14 Q.

those comments and your responses, do you have an 15

opinion as to whether it complies with the terms of 16

the December 9 order? 17

I do. I think it complies fully with 18 A.

the December 9 order. 19

In light of these comments, do you have 20 Q.

an opinion as to whether there would be any harm to 21

the residents of Cranford to perform the road 22

regrade that you have proposed? 23

No, I don't -- 24 A.

MR. MORIN: Objection. 25

149

-- think there would be any harm to 1 A.

residents of -- 2

THE COURT: Just a minute. Were you 3

objecting, or did you withdraw? 4

MR. MORIN: I was objecting to the 5

conclusion of whether it would harm any residents of 6

Cranford. 7

THE COURT: Because you don't like the 8

answer or because there's an evidence objection? 9

MR. MORIN: Because there's an 10

evidence objection. 11

THE COURT: And that is? 12

MR. MORIN: I don't believe that 13

there's been sufficient proof for him to draw 14

that -- sufficient proof to testify to draw a 15

conclusion that there would be no harm. 16

THE COURT: He's the expert. We've 17

had our voir dire. I've allowed him to testify, 18

give opinions. You can question him on cross. 19

MR. MORIN: Strictly from -- the 20

question's also overbroad as to form. 21

MR. EISDORFER: Let me refine it. 22

Within the scope of your expertise, do 23 Q.

you have an opinion as to whether it would cause any 24

harm to the residents of Cranford? 25


150

My opinion, is that change to 1 A.

Birchwood Avenue would cause no harm to any resident 2

closest to the elderly care. 3


the project would be greatly impeded if that road 5

improvement were not permitted? 6

No, I don't think the -- I don't think 7 A.

the project would be impeded at all if it wasn't 8

granted. I think that the property would function 9

just fine even in a -- during a potential flood 10

event of that magnitude I think it would work. 11

I'm actually asking a different 12 Q.

question. 13

In light of DEP's interpretation of 14

their rules? 15

Yes. 16 A.


the project would be impeded if the road regrade 18

were not permitted? 19

THE COURT: By "impeded" you mean 20

prevented? 21

MR. MORIN: Objection to form. 22

Prevented?23 A.

Yes. 24 Q.

THE COURT: Subject to them granting 25

151

the hardship waiver, or are you rearing their 1

interpretation of the Appellate Division? 2

Yeah, I'm sorry, Steve. 3 A.

THE COURT: I don't know if you heard 4

that with the sirens going. 5

Can I assume your question is modified 6

to -- 7

MR. EISDORFER: Yes.8

With the project -- I'm sorry. 9 A.

THE COURT: If you don't get a 10

variance? 11

If you don't get a variance. 12 A.

THE COURT: If the appellate division 13

doesn't say that they were incorrect in their 14

interpretation, would this block the project? 15

If they didn't issue -- did you 16 A.

preface that with they didn't grant the change to 17

Birchwood Avenue? I'm sorry I was following your 18

logic for awhile. 19

MR. EISDORFER: Let's take our recess. 20

Let the witness sit down and recuperate a little 21

bit, and then I'll ask the question again better. 22

MR. MORIN: Well, the witness -- I 23

know this is a -- there's some difference between, 24

Judge, the difference between a planning board 25

152

hearing and a deposition and a court proceeding, but 1

I think there needs to be an instruction that there 2

should not be further -- that with respect to this 3

question that's pending, I think it would be 4

inappropriate for there to be further colloquy 5

between the witness and counsel. 6

THE COURT: I'm not going to interfere 7

with the lawyer talking to the witness. He can talk 8

to him all he wants. It's not a deposition. 9

MR. MORIN: Then the question should 10

be answered as asked rather than saying let's put it 11

off till we get a chance to figure out what the 12

answer is supposed to be. 13

THE COURT: We all know what the 14

answer is supposed to be. 15

MR. MORIN: Unfortunately, the first 16

answer he gave was the opposite of what counsel was 17

seeking, but that's okay. 18

THE COURT: That's clearly not true. 19

He just answered a different question. We'll take a 20

five-minute recess. 21

(Recess taken.) 22

Mr. Dipple, if this project did not get 23 Q.

a hardship waiver and the road regrade were not 24

permitted, could the applicant proceed forward with 25

153

the project? 1

No, they could not. They would not 2 A.

obtain a flood hazard area permit from the DEP, and 3

the project would not be permitted. 4

MR. EISDORFER: I have no further 5

questions of this witness. 6

THE COURT: Do you want to cross now? 7

It's already 3:30; instead of breaking at 4:00, I 8

wouldn't object, because we know we've gotta come 9

back anyway, if you want to wait and perhaps start 10

first thing on -- 11

MR. MORIN: I appreciate that. I 12

think it would make it cleaner and more efficient to 13

do it that way. 14

THE COURT: I don't have any problem 15

with that. 16

MR. EISDORFER: Your Honor, if it were 17

okay with the Court, I would like to take -- 18

THE COURT: Hearing examiner. 19

MR. EISDORFER: I would like to take 20

one witness briefly out of order who's here now to 21

ask him one question. 22

THE COURT: I don't have any problem 23

with that. 24

Do you have any problem with that? 25


154

MR. MORIN: I don't know who the 1

witness is. 2

MR. EISDORFER: The witness is Peter 3

Hekemian, and the question I'm going to ask him is 4

did he attempt to secure an easement from the 5

adjacent property owner. 6

THE COURT: I was going to ask you the 7

question. Good. 8

All right, call him up. 9

MR. EISDORFER: Peter Hekemian. 10

THE COURT: We'll take this witness 11

out of order, and this is without prejudice to Mr. 12

Morin's right to question the engineer at the time 13

of his convenience when we come back on the 22nd. 14

State your name and spell your last 15

name and put your left hand on the bible and raise 16

your right hand. 17

THE WITNESS: Peter Hekemian, 18

H-e-k-e-m-i-a-n. 19

P E T E R H E K E M I A N, having been duly sworn, 20

testified as follows: 21

DIRECT EXAMINATION BY MR. EISDORFER: 22

And what is your relationship to 23 Q.

Cranford Development Associates? 24

I'm one of the members. 25 A.

155

And do you actually manage this on a -- 1 Q.

this project on a day-to-day basis? 2

Yes. 3 A.

Did you make any efforts to secure an 4 Q.

easement from the healthcare facility to use their 5

driveway as an emergency access for this project? 6

We did. We called the owner anywhere 7 A.

from five to six, maybe seven times over the course 8

of a number of weeks, probably about five weeks, and 9

he did not return our phone calls, did not engage in 10

any conversation. 11


questions. 13

MR. MORIN: I have a question. 14

THE COURT: Sure. 15

CROSS-EXAMINATION BY MR. MORIN: 16

MR. MORIN: Since we're talking about 17

alternative measures to obtain a flood hazard 18

permit, are you aware that the DEP recommended that 19

a hardship exception be applied for by Cranford 20

Development Associates in connection with this flood 21

hazard area permit? 22

Can you repeat the question. 23 A.

Sure. 24 Q.

Your counsel was just asking about -- 25

156

obviously you are aware that the DEP was requesting 1

that or advising that the project could not comply 2

with a certain regulation relating to elevation of 3

the public roadway, correct? 4

Right. 5 A.

So you had approached the neighboring 6 Q.

property owner to determine whether or not they 7

could provide alternate access to Birchwood Avenue 8

that would be one foot above the flood hazard 9

elevation, correct? 10

Correct. 11 A.

And you never heard back from them, 12 Q.

right, that was your testimony? You tried to 13

contact them numerous times -- 14

Tried to get to them, talked to the 15 A.

management on site, got his name, called numerous 16

times, left messages, did not get a return phone 17

call. 18

Did you personally undertake those 19 Q.

efforts? 20

I did. 21 A.

Now, with respect to your environmental 22 Q.

consultant, did you ever, in fact, request your 23

engineer to apply for a hardship exception to DEP as 24

another alternative to obtain the flood hazard area 25

157

permit for this project? 1

Yes. 2 A.

And did he, in fact, submit an 3 Q.

application for a hardship exception? 4

I'm not sure where -- I don't remember 5 A.

off the top of my head where the process stopped as 6

relates to the application. 7

Were you involved in any of the 8 Q.

meetings or the meeting that -- I'm sorry, you were 9

here in the courtroom when your engineer testified 10

that he attended a meeting at DEP that dealt with 11

the issue of the raising of the public roadway? 12

I was. 13 A.

Were you -- did you attend that meeting 14 Q.

at DEP? 15

I did not. I have a local partner who 16 A.

did that. 17

Are you normally copied on transmittals 18 Q.

of the submissions, or, I should say, with respect 19

to this project were you copied on all transmissions 20

to the DEP from your consultant? 21

I was. 22 A.

So but standing here today you don't 23 Q.

know whether or not L2A applied for a hardship 24

exception with respect to the regulation that DEP 25


158

said could not be met in terms of the roadway 1

access, correct? 2

I, myself, within our firm did not 3 A.

handle the processing of the environmental 4

application, so no. 5

So but would you -- but you authorized 6 Q.

the conversations or the attempts at conversations 7

with the business representatives of the extended 8

care center, correct? 9

Yes, I did. 10 A.

And so, again, my question to you is, 11 Q.

did you direct or have someone of your staff direct 12

Mr. Dipple or L2A to file an application that would 13

comply with the requirements for a hardship 14

exception with respect to the road access from your 15

development project to Birchwood Avenue? 16

Once again, I didn't manage the 17 A.

process. I don't know where -- as relates to DEP I 18

do not know where the process stopped or where -- 19

you know, the exact status of where the application 20

is right now. 21

Did you authorize your environmental 22 Q.

consultant to file an application with the DEP for a 23

hardship exception under the flood hazard area 24

regulations? 25

159

I don't know if that's the same 1 A.

question or not, but once again, not manage DEP 2

submission within our office. 3

Who does? 4 Q.

Doug Cohen of my office. 5 A.

Would Doug Cohen consult with you 6 Q.

before he would authorize any filings with the DEP? 7

Generally, yes. 8 A.

Did Doug Cohen, to your recollection, 9 Q.

ever consult with you on the filing of a hardship 10

exception with respect to this flood hazard area 11

permit for the Birchwood project? 12

Yes, I believe we -- I believe we 13 A.

filed the hardship application. We have numerous 14

projects going -- numerous projects going, numerous 15

responsibilities. We bifurcate those 16

responsibilities. 17

MR. MORIN: I have nothing further. 18

THE COURT: Mr. Eisdorfer, do you have 19

anything further? 20


questions of this witness.22

THE COURT: Is there anyone in the 23

public sector, Ms. Anderson or anyone else, that has 24

the need to ask this witness any questions?25

160

(No response.)1

THE COURT: Thank you. 2

All right, you may step down. 3

We need to talk about our next date. I 4

take it, it's quarter to four, we're not going to 5

start a new witness out of turn or otherwise, and I 6

certainly will accommodate your request to start 7

cross fresh as opposed to break it up. 8

I know nobody was available or someone 9

was not available on the 20th, but the 21st, 22nd, 10

and 23rd were okay for me. I don't know if they 11

were okay for everybody else or the witnesses. 12

MR. MORIN: I have a court-ordered 13

deposition in Atlantic County on the 20th, so I 14

wouldn't be available on the 20th. 15

THE COURT: That's off the table. How 16

about 21, 22, or 23? 17

MR. MORIN: I'm available any of those 18

days, and my engineering expert, Mr. Creelman, is 19

available the 22nd and 23rd. I also confirmed that 20

our fire chief and Mr. Marsden are available during 21

those three days. 22

MS. McKENZIE: May I ask a question. 23

Do you need Mr. Creelman here for you to undertake 24

cross-examination of Mr. Dipple? 25

161

MR. MORIN: No, I don't believe I'll 1

need him here. 2

THE COURT: What is your availability 3

and that of your client, your witness? 4

MR. EISDORFER: I and Mr. Dipple are 5

available on the 21st, but Mr. Dipple is not 6

available on the 22nd. He is available on the 23rd. 7

THE COURT: So we will carry this to 8

the 21st with no further notice to be published or 9

sent by certified mail, and if we need to go beyond 10

that, hopefully we won't, but if we do, we'll pick 11

it up on the 23rd, since the 22nd seems -- 12

MS. McKENZIE: No, the 22 is good for 13

Mr. Creelman, right? 14

MR. MORIN: I'm not going to put on my 15

engineering expert while his -- while I haven't had 16

the opportunity to cross-examine -- 17

MS. McKENZIE: No, no, I'm trying to 18

make sure I understand. When is Mr. Creelman 19

available? 20

MR. MORIN: He advised me he's 21

available the 22nd and 23rd. 22

MS. McKENZIE: Okay. So -- 23

THE COURT: Mr. Dipple is on the 21st. 24

With any luck, we'll finish him on the 21st. If we 25


162

don't, he's not available on the 22nd. 1

MR. EISDORFER: He's available only on 2

the morning of the 22nd. 3

MS. McKENZIE: But Mr. Creelman is 4

available. 5

THE COURT: We have the morning? 6

MR. EISDORFER: The morning of the 7

22nd.8

THE COURT: Well, we'll deal with that 9

as it happens. If we have to bring him back on the 10

23rd and you want to wait on your engineer, I'm okay 11

with that, too. 12

MS. McKENZIE: We should probably 13

block out all three dates. 14

THE COURT: I'm blocking them out. I 15

just need to get everybody here. So we will convene 16

at ten o'clock. Lea, are you good? 17

Ten o'clock here. I'll just confirm 18

with -- before we leave I want to go across to the 19

civil manager and make sure this courtroom is still 20

available, and I'm going to go do that right now. 21

MR. MORIN: Hearing officer, I think 22

we're all a little punchy, but are we saying ten 23

o'clock on the 21st? 24

THE COURT: The 21st.25

163

MR. MORIN: And Mr. Dipple is 1

available on the --2

MS. McKENZIE: For cross, yes.3

THE COURT: Hopefully we'll finish his 4

cross. If not, he's apparently available for the 5

morning of the 22nd to finish, in which case you can 6

go forward because you're available on the 22nd and 7

23rd. 8

MR. MORIN: Yes.9

MS. McKENZIE: And you have other 10

witnesses besides Mr. Creelman anyway, right? 11

MR. MORIN: Yes. I expect our 12

municipal engineer -- 13

THE COURT: We're going to adjourn for 14

five minutes. 15

(Discussion held off the record.) 16

(Proceedings concluded at 3:45 p.m.)17

18

19

20

21

22

23

24

25

164C E R T I F I C A T E1

2

3

4

I, LEA A. CRUZ, a Certified Court Reporter 5

and Notary Public of the State of New Jersey, DO 6

HEREBY CERTIFY that the foregoing is a true and 7

accurate transcript of the proceedings as taken 8

stenographically by and before me at the time and 9

place and on the date hereinbefore set forth.10

I DO FURTHER CERTIFY that I am neither a 11

relative nor employee nor attorney nor counsel of 12

any of the parties to this action and that I am 13

neither a relative nor employee of such attorney or 14

counsel and that I am not financially interested in 15

this action.16

17

LEA A. CRUZ, C.C.R. 30XI0016430020

Notary Public No. 2038406

21

This transcript was prepared in accordance with22

N.J.A.C. 13:43-5.9.

23

24

25


$$240 [1] - 83:8

00.52 [1] - 93:6

00 [1] - 93:3

11 [6] - 9:16; 39:10;

119:13; 123:11;

127:14, 16

1-bedroom [1] - 39:25

1.1 [1] - 122:12

1.11 [1] - 122:16

1.2 [2] - 93:4, 10

1.32 [3] - 93:4, 10

1.5 [1] - 122:20

1.85 [1] - 21:17

10 [4] - 22:12; 93:3;

99:10; 132:13

10-24 [1] - 14:21

10-foot [3] - 21:24;

22:12; 106:6

100-year [1] - 89:9

1024 [7] - 13:25; 14:4,

19; 41:11; 54:23;

58:10; 115:14

11 [1] - 133:19

11.86 [1] - 55:8

115 [1] - 107:23

12 [3] - 123:21; 135:9;

142:25

12-inch [5] - 30:16;

32:15, 17; 57:17

13 [2] - 136:14

13.25 [1] - 24:25

136-21D(15 [1] - 120:3

136-21D(18 [1] - 120:9

136-23F(1 [1] - 120:17

136-23G(3)(c)[5 [1] -

120:24

136-23G(3)(d)[1 [1] -

121:6

136-23G(3)(j [1] -

122:10

136-23G(3)(k [1] -

122:21

14 [7] - 24:22; 25:1;

123:22; 124:13, 19;

136:22

15 [4] - 20:5; 125:7;

137:2, 16

15.86 [1] - 20:5

150 [4] - 21:10; 39:25;

97:17

1583 [1] - 30:21

16 [4] - 105:13; 125:8;

138:4

16-foot [1] - 138:15

162 [1] - 121:8

1624 [2] - 30:23;

125:10

17 [5] - 10:7; 35:10;

36:16; 138:14

17.89 [1] - 54:21

18 [10] - 87:7; 105:12;

119:23; 121:10;

122:4; 123:1, 9;

125:1; 126:11;

138:25

180 [2] - 107:15; 121:9

19 [3] - 23:4; 140:22,

24

1979 [1] - 32:1

1:30 [1] - 84:9

22 [9] - 12:7; 47:6; 85:4,

8; 123:11, 22;

128:17; 129:9;

135:16

2,000 [2] - 125:6, 12

2-bedroom [1] - 40:1

20 [15] - 30:19, 22, 24;

32:4; 38:15; 42:13;

51:4; 55:17; 108:25;

109:9, 11; 127:12;

136:4; 141:7

20-acre [1] - 87:7

20-pounds-per-

square-inch [1] -

32:2

200 [3] - 46:17; 91:6;

98:21

2004 [1] - 48:1

2006 [1] - 7:5

2007 [4] - 48:15; 71:3,

5

2008 [1] - 106:14

2009 [4] - 31:17;

34:10; 42:13; 106:14

2010 [3] - 10:7; 30:20;

128:1

2011 [4] - 20:18;

46:22; 47:5; 69:16

2012 [10] - 9:6, 12, 16;

62:17; 76:18;

119:13, 23; 123:9;

125:1; 127:13

2012-11 [1] - 20:1

205 [1] - 21:12

20th [3] - 160:10, 14

21 [4] - 5:21; 142:12;

160:17

215 [10] - 10:15;

11:20; 12:19; 13:1,

10; 14:3; 56:25;

102:15; 105:16;

127:19

215-235 [2] - 7:20;

11:17

2154 [1] - 32:3

21st [7] - 160:10;

161:6, 9, 24-25;

162:24

22 [4] - 5:21; 142:16;

160:17; 161:13

225 [1] - 40:1

22nd [11] - 154:14;

160:10, 20; 161:7,

12, 22; 162:1, 3, 8;

163:6

23 [3] - 80:12; 142:22;

160:17

235 [11] - 10:19; 12:1,

19, 24; 13:10; 14:23;

59:11; 65:1; 102:15;

103:19; 105:2

23rd [7] - 160:11, 20;

161:7, 12, 22;

162:11; 163:8

24 [6] - 28:4; 55:17;

105:12; 126:7; 143:3

24.59 [1] - 55:7

25 [12] - 20:9; 21:5;

38:10, 12; 51:3;

55:10; 66:3; 68:19;

88:25; 126:21;

143:16

25.36 [1] - 121:4

26 [1] - 143:21

27 [3] - 143:25;

144:23; 145:6

27.48 [1] - 121:1

28 [3] - 144:10, 23;

145:6

28.16 [1] - 55:16

29 [2] - 145:6

295 [2] - 107:8, 12

33 [3] - 123:11, 13;

130:24

3.66 [1] - 54:24

30 [4] - 20:12; 99:6;

126:3; 145:9

30-foot [2] - 106:19;

126:22

30-plus-foot [1] -

106:19

300 [6] - 98:20, 22, 25;

99:9; 116:3

31 [4] - 9:6; 119:14;

145:9

31.10 [1] - 20:19

31.21 [2] - 20:16, 18

313 [1] - 116:5

313,000 [1] - 70:14

316 [1] - 116:4

316,000 [1] - 117:17

32 [1] - 145:13

36 [2] - 105:12; 145:13

360 [4] - 21:14, 18;

40:5

37 [2] - 145:22; 146:13

37.03 [1] - 55:15

38 [1] - 146:13

39 [1] - 146:14

394 [6] - 109:18,

23-25; 110:3, 12

3:30 [1] - 153:8

3:45 [1] - 163:17

44 [8] - 31:21; 54:3;

62:17; 70:20; 88:24;

123:10, 14; 131:13

4-C [1] - 124:9

4-D [1] - 124:3

4.3 [2] - 126:4, 6

40 [6] - 109:11;

110:13; 127:15;

136:4; 146:21;

147:10

422 [1] - 40:3

44.36 [1] - 20:12

48 [1] - 55:8

4:00 [1] - 153:8

55 [2] - 123:11; 131:16

50 [5] - 26:7; 51:2,

6-7; 52:4

50-foot [3] - 44:3, 6

52 [2] - 55:9, 11

520 [1] - 23:18

55 [3] - 20:14, 21, 23

55-feet [1] - 141:9

57.71 [1] - 21:5

58 [1] - 23:16

5:21-4.15 [1] - 121:12

5:21-4.5 [1] - 126:4

66 [5] - 9:12; 59:23;

62:16; 129:7; 131:19

6/4/12 [1] - 63:10

6/4/2012 [1] - 8:4

60 [2] - 141:8, 11

62.37 [1] - 20:14

64 [1] - 23:12

666 [1] - 21:19

667 [3] - 21:20; 23:20;

24:23

77 [3] - 26:7; 76:19;

131:22

7.00 [1] - 99:10

75 [4] - 40:7; 51:6;

52:5

750 [1] - 20:7

76 [2] - 12:3, 25

76,000 [1] - 40:7

78.6 [2] - 72:11, 13

79 [2] - 13:1; 106:21

79.6 [2] - 72:16, 18

7:13-11.5(h [1] - 85:3

7:13-11.5(h) [1] - 80:1

88 [4] - 22:9; 26:7; 79:6;

1

132:2

8-foot [1] - 22:13

8-inch [3] - 29:22;

30:13

80 [5] - 13:2; 51:6;

52:5; 54:25

80,000 [1] - 40:6

825.84 [1] - 20:7

83,850 [1] - 40:5

99 [11] - 20:18; 46:22;

47:5; 69:16; 110:24;

121:10; 122:4;

123:1; 132:6;

148:17, 19

90-degree [2] -

126:20; 132:10

9:13-9.8 [1] - 79:18

AA-12 [6] - 8:25; 9:4,

13; 119:8, 11

A-13 [4] - 9:10; 129:6

A-14 [5] - 15:25;

102:4, 10; 139:18

A-15 [2] - 28:24;

126:24

A-16 [2] - 31:7

A-17 [1] - 34:23

A-18 [1] - 42:6

A-19 [2] - 46:10, 15

A-20 [3] - 67:23

A-21 [2] - 79:5

A-22 [2] - 88:16

A-23 [3] - 84:17;

133:25; 134:1

A-4 [2] - 8:3; 12:8

A-6 [13] - 52:19; 60:3;

61:24; 62:2, 15-16;

76:3, 23; 115:1, 3, 6;

117:1; 118:12

A-8 [4] - 9:22, 24-25;

10:5

A5-9 [1] - 74:1

ability [1] - 112:21

able [6] - 30:5; 53:15;

101:2; 109:8; 125:2;

137:10

accept [1] - 7:14

access [18] - 10:17;

18:12; 72:20; 75:16;

81:12, 18; 85:17, 21;

89:6, 8; 125:23;

127:3; 132:9; 155:6;

156:8; 158:2, 15

accessible [10] - 25:5,

8, 10, 12, 16; 89:12;

123:25; 124:6, 17

Accessible [1] -

123:15

accommodate [4] -

34:7; 94:1; 126:23;


160:7

according [3] - 107:4;

121:2; 126:6

accurate [3] - 35:22;

117:8; 128:20

accurately [1] - 35:16

acre [3] - 48:7; 49:13

acres [2] - 20:5

act [1] - 39:12

Act [1] - 24:21

action [4] - 41:23;

76:13; 78:14; 132:1

activity [1] - 140:9

actual [6] - 43:23;

54:17; 58:12; 71:9;

82:6; 109:20

ADA [1] - 124:11

add [6] - 23:19; 40:2;

95:21; 107:8; 115:25

added [6] - 63:13;

89:4; 114:6; 117:6;

122:17; 135:16

adding [1] - 40:17

additional [17] - 34:8;

38:6; 39:20; 40:23;

75:21; 76:11; 84:3,

5; 103:15; 108:9;

122:16; 123:22;

139:1; 141:3;

142:22; 143:21;

144:19

address [2] - 25:24;

123:10

addressed [8] - 9:6,

12; 42:10; 46:21;

123:12; 132:4, 12;

145:10

adequacy [2] - 30:12;

137:20

adequate [13] - 27:20;

30:9; 31:13; 34:1;

36:19; 38:5, 18;

39:12; 40:22, 24;

95:8; 137:24; 138:1

adequately [3] - 39:4,

18; 138:1

adjacent [7] - 15:11;

101:10, 24; 106:4;

122:14; 130:14;

154:6

adjourn [1] - 163:14

administratively [1] -

112:11

adopted [3] - 48:2, 15;

59:19

advised [1] - 161:21

advising [1] - 156:2

aerial [4] - 9:18; 10:5,

9

Affairs [1] - 121:20

affects [1] - 95:5

afterwards [1] - 77:6

agencies [4] - 41:5;

46:18; 138:11

aging [2] - 135:10, 17

ago [2] - 36:1; 121:21

agree [9] - 92:2;

126:8; 128:22, 25;

131:11, 18; 132:25;

133:12

agreed [7] - 128:2;

131:1; 136:20;

141:2; 142:13, 17;

143:23

agreement [1] -

101:24

ahead [4] - 10:2; 64:3;

78:9; 88:13

alert [1] - 43:8

ALJ [1] - 112:23

allow [3] - 7:16; 86:24;

133:1

allowance [1] - 24:2

allowed [3] - 73:22;

95:20; 149:18

allows [3] - 18:22;

45:6, 10

almost [2] - 14:25;

30:2

aloud [1] - 85:2

alter [1] - 95:20

alternate [1] - 156:8

alternative [4] - 101:5,

17; 155:18; 156:25

alternatively [1] -

134:21

alternatives [3] -

100:12, 15; 101:6

amend [1] - 131:2

amended [1] - 90:4

American [2] - 31:9;

32:5

Americans [1] - 24:20

amount [9] - 17:7;

32:18; 51:8; 70:6;

95:12; 103:24;

105:13, 24; 143:14

amounts [1] - 134:10

analyses [1] - 76:16

Analysis [2] - 36:22;

115:13

analysis [7] - 37:17,

24; 56:8; 57:23;

66:8; 75:23; 82:12

analyze [1] - 128:23

analyzed [1] - 128:3

and.. [1] - 76:20

Anderson [1] - 159:24

anlysis [1] - 117:1

answer [10] - 43:20;

77:12; 91:9; 107:14;

112:3; 149:9;

152:13, 15, 17

answered [2] -

152:11, 20

answers [1] - 136:13

anyway [3] - 73:18;

153:10; 163:11

apartment [3] - 23:25;

27:8; 140:16

apartments [1] - 27:1

apologies [8] - 9:2;

34:17; 35:2; 53:22;

62:18; 63:25; 98:21;

119:15

apologize [4] - 61:10;

62:12; 89:6; 144:22

apparatus [1] -

125:24

appear [6] - 47:2;

120:4, 10, 18;

122:21; 124:2

appearance [1] -

112:17

appellate [1] - 151:13

Appellate [2] -

111:17; 151:2

applicable [4] - 12:23;

19:14, 24; 59:22

applicant [7] - 85:10;

108:18; 120:4, 18;

144:5; 152:25

Application [2] - 7:23;

47:7

application [42] - 8:9,

18, 22; 42:25; 43:1,

14; 44:13, 15, 20;

45:16; 46:4, 7, 23;

49:5; 52:24; 60:16;

61:22, 25; 62:3;

69:15, 17; 77:20;

79:16; 82:21; 88:1,

3; 109:21; 112:4, 12;

113:14; 118:20;

135:16; 145:3;

148:8; 157:4, 7;

158:5, 13, 20, 23;

159:14

applications [11] -

6:7, 23-24; 7:8; 43:7;

46:25; 47:13; 82:11;

86:4, 6

applied [2] - 155:20;

157:24

applies [1] - 48:11

apply [3] - 49:23;

50:23; 156:24

appreciate [2] - 139:8;

153:12

approached [1] -

156:6

approaches [1] - 59:7

approval [5] - 8:11;

34:5; 41:5; 47:23;

111:8

approved [2] - 41:7;

42:15

apron [1] - 143:16

aprons [1] - 99:20

arborvitae [6] - 103:8;

134:16; 138:19, 21;

141:10, 15

arborvitaes [1] -

141:8

architect [4] - 110:10;

120:8; 141:4, 22

architects [1] - 125:20

architectural [1] -

145:9

architecture [1] -

123:12

area [180] - 6:6; 8:9,

17, 23; 9:18; 10:3, 8,

17; 11:2; 13:8, 11;

14:11; 15:19; 16:18;

17:3, 17; 18:7, 10,

20; 19:11, 25; 20:4;

22:4; 23:7, 13;

24:10; 25:6; 26:13;

27:5; 29:15; 33:1;

41:10, 14; 43:1, 3,

14, 22-23; 44:3, 6-8,

11, 19, 23; 45:13;

46:13, 23; 47:11;

48:14; 50:3; 51:23,

25; 52:24; 58:10, 13;

59:21, 25; 61:15;

64:21; 65:8, 12, 15,

20, 25; 66:4; 67:4,

10, 14-15; 68:6, 10,

13, 18; 69:1, 12, 17,

25; 70:2, 5, 11; 71:2,

11, 21; 72:8, 10, 14,

18, 21; 73:19, 22;

74:12, 22-24; 75:2,

22; 78:11, 15; 80:4,

6, 22-23; 81:4, 13,

15; 82:7, 19; 85:9,

13, 18, 21, 23; 86:4;

87:6, 10, 13, 16, 18;

88:1, 18, 23; 89:11;

90:11; 93:7; 95:5,

19; 96:13; 98:3;

99:8, 18; 100:9, 18;

103:18; 105:10, 19,

21-22; 110:12, 20;

111:7; 113:12;

115:22; 116:16;

117:11; 122:11, 14,

18-19; 129:21, 23,

25; 132:3; 133:2;

134:11; 136:3;

143:3; 144:11,

14-16; 153:3;

155:22; 156:25;

158:24; 159:11

Area [4] - 7:24; 14:5,

9; 127:3

areas [37] - 6:2; 7:17;

12:20; 16:19; 17:13;

18:21; 43:9, 19, 21;

44:10; 50:1; 56:16;

58:3, 9; 74:18; 82:8,

18; 87:12; 103:25;

104:1, 24-25; 105:6;

108:6; 131:20;

2

134:2, 5; 139:21;

144:18; 145:23;

146:4

areaway [3] - 19:4,

10; 104:3

argument [1] - 112:17

arose [1] - 86:23

arrive [6] - 23:20;

26:14; 27:4, 9;

41:20; 70:3

arrived [2] - 27:2; 39:6

ASHTO [1] - 27:22

aspect [2] - 71:11;

79:1

aspects [3] - 48:23;

49:3, 16

asphalt [1] - 16:19

asserted [1] - 86:20

assertively [1] -

111:22

assess [1] - 53:15

assessed [2] - 28:7;

94:21

assist [2] - 9:19;

51:11

assistance [1] - 8:16

associated [2] -

10:21; 11:12

Associates [4] - 6:13;

47:4; 154:24; 155:21

assume [3] - 28:16;

78:22; 151:6

at-grade [1] - 22:25

Atlantic [1] - 160:14

attempt [2] - 90:1;

154:5

attempts [1] - 158:7

attend [1] - 157:14

attended [2] - 28:11;

157:11

attention [1] - 50:13

attractive [1] - 102:25

August [6] - 9:12, 16;

31:17; 42:12; 128:1;

129:7

authorize [2] - 158:22;

159:7

authorized [1] - 158:6

availability [1] - 161:3

available [20] - 23:14;

111:15; 160:9, 15,

18, 20-21; 161:6, 20,

22; 162:1, 5, 21;

163:2, 5, 7

Avenue [76] - 7:20;

10:14, 18, 23; 11:3,

13, 17; 13:3; 14:3;

16:20, 24; 17:9;

19:18; 27:15, 25;

29:23; 30:16; 31:21,

25; 32:12; 33:8;

56:25; 59:12; 60:19;

62:25; 63:7; 65:2;

75:11; 80:22, 25;


81:2; 85:19, 22;

89:6, 8; 90:7, 10, 23,

25; 91:3, 6, 10, 12;

92:11; 93:24; 94:4;

95:3; 97:12, 15;

98:14; 101:15;

102:13, 17, 21;

105:8, 15-16;

115:20; 116:12;

118:16; 127:20;

132:18; 133:6;

139:1, 4, 8, 12;

150:2; 151:18;

156:8; 158:16

average [2] - 20:11;

36:12

averaging [3] - 43:23;

44:11; 144:14

aware [11] - 26:22;

40:14; 88:1; 98:7;

101:15; 117:3;

122:8; 127:16;

141:5; 155:19; 156:1

awhile [2] - 35:5;

151:19

Bbachelor [1] - 5:24

background [1] - 5:23

backing [2] - 59:4, 10

backs [2] - 13:13;

38:23

backward [1] - 16:11

backwards [1] - 67:11

balancing [1] - 144:16

barely [1] - 135:11

barrier [5] - 123:19;

124:10, 16

barrier-free [2] -

123:19; 124:16

based [9] - 7:6; 12:22;

36:9; 40:3, 22;

53:14; 107:4; 123:20

basin [4] - 15:13, 16;

54:11

basis [1] - 155:2

bed [1] - 97:6

began [1] - 6:12

begin [1] - 106:5

beginning [3] - 113:5;

115:10; 147:14

behind [2] - 108:14;

134:3

believes [3] - 125:5;

128:20; 136:8

Belluscio [1] - 123:7

Belluscio's [2] -

123:18; 124:21

below [12] - 37:10;

38:15; 40:6; 55:18;

58:18; 68:25; 73:20;

86:14; 87:9, 15;

97:9; 124:4

beneath [7] - 30:3;

58:22; 73:9, 14, 16,

22; 74:13

bent [1] - 57:14

Bergen [1] - 34:21

best [7] - 49:1; 67:14;

71:19; 82:4, 24;

86:5; 89:22

better [4] - 55:19;

97:7; 142:18; 151:22

between [18] - 14:11;

21:4; 33:9, 17;

36:11; 64:20; 105:6;

120:8; 121:3; 125:7;

133:3; 134:11, 15;

136:23; 151:24;

152:6

beyond [3] - 11:12;

58:11; 161:10

bible [1] - 154:16

bicycle [7] - 108:22,

24; 109:12, 16;

110:11; 123:3

bicycles [3] - 109:1,

6; 110:9

bifurcate [1] - 159:16

big [1] - 6:20

bike [6] - 109:7, 25;

110:2, 13

bikes [3] - 109:9, 11

Birchwood [74] -

7:20; 10:14, 18-19,

23; 11:17; 13:3;

14:3, 23; 16:20, 24;

17:9; 19:18; 27:15,

25; 29:23; 30:13, 16;

31:21, 25; 56:25;

59:12; 60:19; 62:25;

63:7; 65:1; 75:11;

80:22, 25; 81:2;

85:19, 22; 90:7, 10,

23, 25; 91:3, 6, 10,

12; 92:11; 93:24;

94:4; 97:12, 15;

98:14; 101:15;

102:12, 17, 21;

105:3, 8, 15-16;

115:20; 116:12;

118:16; 127:20;

132:18; 133:6;

139:1, 3, 8, 11;

150:2; 151:18;

156:8; 158:16;

159:12

bit [18] - 11:25; 12:4;

13:7, 16-17, 23;

14:7; 30:24; 43:21;

62:11; 70:14; 75:15;

101:20; 113:18;

114:21; 132:20;

133:8; 151:22

block [4] - 108:13;

151:15; 162:14

blocking [1] - 162:15

Bloomfield [1] - 33:12

Bloomingdale [3] -

33:13; 37:13; 38:1

blow [1] - 57:11

blow-up [1] - 57:11

blue [3] - 17:18; 74:11

BMPs [2] - 71:17, 19

board [2] - 116:21;

151:25

boards [1] - 6:25

borough [1] - 34:19

bottom [3] - 10:12;

13:12; 38:11

boundaries [1] -

42:14

boundary [16] - 17:11;

42:4; 59:15; 64:13,

18-19, 21; 66:18;

94:4; 106:2, 12, 23,

25; 138:20; 141:13

bounds [2] - 120:16;

129:19

box [1] - 58:21

boxes [1] - 79:9

branch [4] - 6:19;

59:16, 19

Branch [8] - 13:25;

14:4, 19-20; 41:11;

54:23; 58:10; 115:14

break [3] - 55:24;

83:14; 160:8

breaking [1] - 153:8

breast [1] - 104:22

breezeway [3] -

140:24; 141:6

brick [1] - 17:16

brief [1] - 148:1

briefly [3] - 81:9;

100:20; 153:21

bright [1] - 122:19

bring [5] - 25:20;

64:10; 105:11;

135:14; 162:10

brings [1] - 33:3

broad [1] - 45:13

broke [2] - 35:12;

49:25

broken [1] - 53:1

Brook [2] - 14:20;

54:23

brought [1] - 16:17

brown [2] - 16:9;

18:20

Brownstones [1] -

87:3

Brunt [1] - 87:14

buffer [19] - 21:6, 8-9,

24; 22:6; 44:2, 4, 9,

13; 103:4, 9, 11;

105:20; 106:7;

110:20; 135:12;

144:16, 19

build [3] - 137:12;

144:25; 145:1

Building [45] - 16:11,

13, 15; 18:2, 5-6, 8,

16, 24; 19:2; 20:24;

21:2; 23:9, 15-16;

26:2, 8, 10-11;

28:14; 29:2; 30:5, 7;

33:17; 45:5; 73:10,

17; 74:6; 75:13;

81:16; 109:2; 121:3;

139:23; 140:4, 7, 21;

143:6, 8

building [46] - 10:16,

19-20; 11:1, 11;

13:15; 14:23; 16:16;

17:23; 18:1, 3,

12-13, 18-19, 21;

19:11; 20:21, 24;

30:14; 32:24; 65:2;

72:7; 73:17, 21, 23;

74:13, 19; 80:21;

85:6, 9-10; 102:19;

103:2, 6, 17, 19;

105:17; 124:11;

126:20; 139:24;

141:4, 9; 142:7

building-mounted [1]

- 141:4

buildings [9] - 12:19;

21:5; 23:25; 24:1;

64:17; 72:15; 81:15;

85:17; 139:7

Buildings [1] - 140:10

built [3] - 71:10;

129:18; 130:13

bulk [3] - 19:14;

21:16; 44:4

bumper [1] - 29:7

bunch [1] - 54:15

burden [1] - 130:16

business [1] - 158:8

butts [2] - 33:9;

100:24

BY [6] - 5:11; 7:18;

84:15; 114:19;

154:22; 155:16

CC-05 [1] - 29:20

C-17 [1] - 90:21

C-18 [3] - 90:22; 99:5

C-19 [2] - 90:24; 99:8

calculate [4] - 94:14;

117:4; 145:23; 146:3

calculated [4] - 117:7;

129:13; 130:3, 5

calculates [2] - 21:19;

107:13

calculation [8] -

20:17; 25:7; 37:14;

40:4; 74:21; 107:4;

124:9; 143:4

calculations [17] -

20:12; 37:1; 39:23;

45:20; 50:19; 52:15;

53:7, 14; 54:8;

3

59:25; 64:10; 70:1;

79:11; 128:11;

143:17; 144:17

caliber [3] - 107:17,

19

candles [1] - 122:13

cannot [2] - 71:4, 7

canopy [9] - 10:21;

17:7, 11; 103:24;

108:2; 141:12, 16,

21, 25

capacity [14] - 9:1;

34:1, 11; 36:19;

37:2, 14, 16; 38:13,

25; 39:2; 65:21;

95:24; 108:25;

137:17

Capacity [1] - 36:22

caption [1] - 68:7

care [20] - 11:11;

13:18; 15:12, 17;

16:25; 19:20; 23:11;

27:18; 33:4; 91:14,

16; 97:23; 98:18;

99:17, 21; 100:16;

101:13; 103:10;

150:3; 158:9

career [2] - 6:3, 6

carries [5] - 15:18;

39:15, 18; 58:22;

65:20

carry [10] - 32:20;

36:19; 37:16, 23;

38:5; 39:12; 40:23;

57:18; 59:8; 161:8

carrying [3] - 38:18;

65:21; 95:24

carted [1] - 134:22

cartway [1] - 99:13

case [5] - 65:15;

69:24; 72:8; 73:21;

163:6

cases [1] - 38:10

Casino [2] - 14:19;

54:23

casted [1] - 142:8

center [12] - 10:9;

11:11; 23:1; 27:16;

65:18; 68:21; 92:10,

14, 22, 24; 93:8;

158:9

Center [1] - 90:25

central [1] - 6:21

certain [7] - 44:10;

56:12; 66:15; 73:10;

112:13; 137:6; 156:3

certainly [2] - 113:21;

160:7

Certainly [1] - 114:1

certainty [1] - 117:20

certified [1] - 161:10

CFS [1] - 54:21

chambers [1] - 57:9

chance [1] - 152:12


chances [2] - 111:16;

112:1

change [35] - 22:10;

32:19; 70:22; 83:1;

91:5, 25; 92:8, 20;

93:2; 94:22, 24;

95:4, 22; 96:5;

110:20; 111:13;

115:18, 24; 116:10,

15, 19; 117:2;

118:15, 17, 24;

130:2; 133:10-12;

148:13; 150:1;

151:17

changed [12] - 12:17;

22:15; 115:9, 15, 19;

116:1; 117:23, 25;

133:6; 138:13

changes [6] - 60:19;

63:7; 71:1; 76:15;

116:5; 118:14

changing [1] - 91:9

channel [14] - 60:1;

69:1; 96:12, 21-24;

97:2, 4-5, 7, 10, 20;

136:20

channels [2] - 6:18;

71:7

check [7] - 28:14, 17;

31:11; 79:9, 16; 83:8

checked [2] - 79:11;

137:13

checklist [1] - 46:4

Chestnut [3] - 88:21;

89:6, 8

chief [2] - 124:24;

160:21

chosen [1] - 101:10

circles [2] - 103:14;

104:20

circulation [1] - 29:1

citation [1] - 79:19

cite [1] - 79:22

cited [2] - 78:10;

84:18

cites [1] - 138:9

citing [1] - 79:25

City [1] - 86:25

civil [7] - 5:14, 24;

7:11, 16; 12:11;

17:25; 162:20

clarification [1] -

122:23

clarify [2] - 114:23;

146:22

classify [1] - 146:4

clean [1] - 82:20

cleaner [1] - 153:13

clear [3] - 61:20; 64:2;

117:21

clearly [4] - 70:25;

111:24; 152:19

client [3] - 86:16;

101:12; 161:4

client's [1] - 134:24

climbed [1] - 106:20

closed [1] - 51:24

closely [1] - 104:19

closer [4] - 14:2;

121:5; 125:12;

132:22

closest [3] - 16:24;

27:18; 150:3

clusters [1] - 102:15

CO [1] - 70:19

CO-18 [1] - 92:6

CO-2 [5] - 12:9; 57:12;

58:20; 65:10; 127:18

CO-3 [1] - 121:2

CO-5 [3] - 51:19; 74:8;

120:20

CO4 [1] - 16:2

COBRA [1] - 139:11

code [6] - 19:11; 80:4;

81:14, 20; 124:2, 12

coefficients [2] -

146:10

Cohen [3] - 159:5, 9

collect [1] - 96:18

collected [1] - 97:8

collection [2] - 98:8;

120:6

collects [1] - 97:4

colloquy [1] - 152:5

color [4] - 16:10;

17:17; 68:22; 103:19

colored [5] - 16:4;

28:22; 102:5; 104:1,

6

colorized [1] - 139:17

colors [1] - 17:14

columns [2] - 143:9

combination [1] -

26:5

combine [1] - 54:14

coming [12] - 13:16;

16:20; 38:17; 51:8;

54:22; 67:12; 68:20;

92:17, 20-21; 103:7;

140:5

comment [42] - 28:9,

12; 114:16; 120:18;

123:18; 124:5, 12;

127:16; 128:17, 22;

129:9; 130:24;

131:13, 16, 19, 22;

132:2, 5-6, 13;

133:19; 135:8-10;

136:14, 22; 137:2,

16; 139:9; 140:22,

24; 141:7, 17;

142:22; 144:10, 19,

21, 23; 146:21;

147:9, 23

commented [1] -

146:1

comments [18] - 9:7;

25:24; 28:12; 77:3;

78:25; 119:18;

123:2, 6; 127:14;

132:7, 14; 144:24;

145:20; 147:10;

148:6, 15, 20

common [1] - 31:10

commonly [7] - 38:21;

44:3; 48:2; 51:4;

73:15; 117:11

Commons [1] - 87:2

Community [1] -

121:19

companies [1] - 31:12

compare [3] - 50:17;

54:14

compares [2] - 19:23;

20:2

comparison [5] -

54:5; 71:8; 117:14,

18; 118:8

complete [1] - 74:18

completely [1] - 136:2

completeness [1] -

113:15

compliance [4] -

20:22; 28:5; 43:4;

83:6

compliant [2] - 72:23;

127:6

complied [2] - 24:6

complies [7] - 52:3;

110:16, 23; 148:8,

11, 16, 18

compliment [1] -

141:17

comply [39] - 22:18,

20; 28:1; 47:22;

48:12, 16, 19; 49:19;

50:4, 7, 20, 24;

78:13; 90:1, 12;

93:18; 100:9;

110:21, 25; 120:1;

124:7; 131:2, 15, 20,

24; 136:21; 138:13;

141:2; 142:13;

143:2, 23; 144:6;

145:1, 4, 8, 20;

156:2; 158:14

complying [3] - 24:8;

50:9; 51:12

component [1] -

43:13

comprised [1] - 68:7

computer [2] - 53:11;

117:7

concerning [1] - 83:5

concluded [2] - 36:16;

163:17

conclusion [2] -

149:6, 16

conclusions [2] -

36:14

concrete [4] - 52:9,

13; 57:9; 99:19

concur [2] - 130:12;

143:18

concurrence [1] -

21:12

condition [4] - 22:20;

38:22; 57:21; 89:21

Conditions [1] - 12:15

conditions [26] - 10:8;

38:8; 54:8, 16; 56:9,

19-20, 24; 64:14, 16;

65:10; 76:1; 86:12;

88:14, 23; 89:19;

94:16; 115:21, 23;

117:2; 118:2; 128:6;

133:4; 144:6; 147:5

conduct [3] - 112:21,

24

confirm [1] - 162:18

confirmed [1] -

160:20

conflict [3] - 136:25;

137:4; 138:19

conflicts [2] - 136:23;

137:3

confused [2] - 62:2,

13

confusion [3] - 62:11;

114:21; 121:24

connect [8] - 30:2;

33:18; 44:23; 45:1;

86:7; 100:15; 101:2;

143:1

connected [1] - 87:14

connection [7] - 8:6;

45:2, 7; 46:6;

100:23; 144:8;

155:21

connects [3] - 80:25;

93:5, 10

conservative [1] -

36:12

conservatively [1] -

36:8

consideration [1] -

100:21

considered [4] -

100:12, 14, 19;

127:24

considering [1] -

47:11

consistency [1] -

63:11

consistent [10] - 13:6;

115:16; 121:10;

122:2; 132:8;

140:16; 143:14;

145:2; 146:7, 13

consists [1] - 102:11

constitute [1] - 8:22

construct [3] - 30:4;

85:5; 101:20

constructed [2] -

41:2; 85:12

construction [12] -

4

24:18; 71:20, 22;

89:16; 123:7;

131:14, 17; 142:20;

143:24; 144:7; 145:7

consult [2] - 159:6, 10

consultant [4] -

42:12; 156:23;

157:21; 158:23

consulted [1] - 141:21

contact [2] - 31:12;

156:14

contacted [1] - 34:2

context [1] - 137:4

continue [14] - 23:6;

34:15; 38:19; 56:2;

59:3; 66:22; 75:14;

84:13; 91:13; 93:1,

3; 130:22; 143:9

continued [1] - 36:13

continues [6] - 33:2,

7, 11, 13; 72:19;

93:5

continuing [3] -

97:21; 102:24; 103:3

contour [4] - 12:21;

129:16, 22, 25

contours [1] - 130:12

contracted [1] - 135:4

contractor [1] -

142:18

contribute [4] - 39:25;

40:1; 58:16, 25

contributes [1] -

58:10

control [1] - 138:11

convene [1] - 162:16

convenience [1] -

154:14

convenient [1] - 19:22

conversation [1] -

155:11

conversations [2] -

158:7

convey [1] - 138:1

conveyance [11] -

34:7; 38:5; 40:10,

22; 95:17, 25;

129:14, 23; 133:7;

137:24

conveying [1] - 137:9

copied [2] - 157:18,

20

copy [10] - 46:12;

47:6; 84:18; 88:17;

119:9, 12, 16;

127:13; 129:4

corn [1] - 138:17

corn-type [1] - 138:17

corner [6] - 17:5;

44:5; 45:4; 58:19;

138:6

corporate [1] - 35:9

correct [38] - 5:3; 8:5;

14:6; 41:15; 43:2;


44:21; 54:4; 58:1,

5-6; 63:3, 16, 23-24;

73:4; 87:20; 88:21;

93:16; 101:19, 22;

102:1; 104:11;

106:21; 109:17;

128:10, 15; 130:21;

133:18; 135:14;

136:8; 138:10;

143:15; 146:20;

147:9; 156:4, 10;

158:2, 9

Correct [1] - 156:11

counsel [4] - 114:8;

152:6, 17; 155:25

counsel's [1] - 113:21

count [1] - 23:12

County [3] - 33:24;

35:5; 160:14

county [1] - 46:18

couple [6] - 9:14;

46:14; 56:13; 75:10;

80:13; 97:17

course [8] - 6:5;

10:22; 23:16; 41:23;

76:13; 78:13; 132:1;

155:8

Court [2] - 128:1;

153:18

court [8] - 56:10; 62:8;

110:24; 111:1;

116:22; 137:21;

152:1; 160:13

COURT [48] - 84:12;

86:24; 88:3, 13;

111:10; 112:8, 16,

23; 113:4, 23; 114:5,

13, 18; 116:22;

147:25; 148:5;

149:3, 8, 12, 17;

150:20, 25; 151:4,

10, 13; 152:7, 14,

19; 153:7, 15, 19,

23; 154:7, 11;

155:15; 159:19, 23;

160:2, 16; 161:3, 8,

24; 162:6, 9, 15, 25;

163:4, 14

court-ordered [1] -

160:13

courtroom [2] -

157:10; 162:20

courtyards [3] -

18:22; 103:1; 134:9

cover [4] - 83:9;

109:20; 146:5

coverage [3] - 20:15;

21:23

Cranford [33] - 9:8;

11:13; 25:25; 28:10;

29:10; 30:15; 32:6;

34:16; 35:9, 24;

37:9; 39:6; 41:8;

47:3; 49:23; 50:4;

87:22; 88:19;

104:12; 109:12;

110:17; 113:1;

114:1; 118:20, 25;

119:3; 121:8; 138:3;

148:22; 149:7, 25;

154:24; 155:20

Cranford's [1] - 148:9

crawl [5] - 73:9, 11,

15; 75:3

create [1] - 90:14

creating [1] - 91:8

creek [1] - 14:13

Creek [1] - 87:6

Creelman [6] -

160:19, 24; 161:14,

19; 162:4; 163:11

CROSS [1] - 155:16

cross [14] - 83:21,

23-24; 93:25;

132:23; 137:5;

149:19; 153:7;

160:8, 25; 161:17;

163:3, 5

cross-examination

[1] - 160:25

CROSS-

EXAMINATION [1] -

155:16

cross-examine [1] -

161:17

cross-section [2] -

83:21; 132:23

cross-sections [3] -

83:23; 93:25

crosses [2] - 35:9;

97:15

crossing [3] - 97:19;

98:24; 136:7

crossings [1] - 136:24

cubic [7] - 54:21;

55:7, 15; 70:15;

116:3, 18; 117:16

culvert [7] - 58:17, 21;

59:7-9; 60:2

Curb [1] - 90:25

curb [9] - 92:12, 14,

23; 96:6; 97:3, 5;

99:15; 134:15

curbing [1] - 12:19

current [3] - 27:22;

39:3; 52:8

cut [1] - 136:18

cut-off [1] - 136:18

DD-1 [1] - 53:25

damage [1] - 89:15

dark [4] - 17:3; 64:17;

122:18

darker [1] - 68:22

dashed [4] - 14:1;

29:6; 42:18; 64:18

data [12] - 30:18; 31:4;

32:6; 35:22; 36:4;

37:18, 21; 38:4;

40:22; 52:20; 133:14

database [1] - 46:2

date [6] - 10:6; 63:10;

76:10, 19; 78:23;

160:4

dated [15] - 8:4; 9:5,

12; 42:12; 46:21;

47:4; 62:14, 16-17;

79:6; 119:13, 23;

123:8; 125:1; 127:12

dates [1] - 162:14

datum [2] - 12:23, 25

day-to-day [1] - 155:2

days [2] - 160:19, 22

DBH [1] - 104:21

dead [6] - 36:25;

67:10; 70:10; 95:5;

130:15; 133:5

deal [5] - 48:24;

86:14; 144:23;

145:9; 162:9

dealing [1] - 6:2

deals [26] - 123:24;

124:9, 15; 125:5, 23;

131:19; 132:14, 17;

133:19; 136:15;

137:16; 138:4, 14,

25; 140:24; 141:7;

142:12, 16, 22;

143:3, 16; 144:10;

145:6, 23; 146:21,

23

dealt [3] - 118:15;

119:17; 157:11

debris [1] - 108:13

decades [1] - 57:15

December [8] - 20:18;

46:22; 47:4; 69:16;

76:6; 110:24;

148:17, 19

deciduous [1] -

103:11

decision [3] - 113:12;

146:8; 147:21

deck [1] - 25:14

decrease [4] - 55:20;

71:4, 6

deed [1] - 89:4

deep [2] - 38:9, 12

deficiencies [4] -

81:8, 23; 83:5, 12

deficiency [19] - 76:9;

78:21, 24; 79:1;

81:6, 11, 22, 24;

83:10, 17; 84:3, 19,

24; 89:25; 90:1;

100:4; 114:22; 115:4

define [2] - 65:4;

67:14

definitely [4] - 55:4;

100:1; 117:25;

142:10

definition [1] - 48:8

degree [1] - 117:20

delineated [1] - 41:19

delivery [2] - 27:10

demolition [2] -

131:1, 6

demonstrates [1] -

85:10

dense [3] - 103:4, 8;

135:3

density [1] - 21:14

deny [1] - 112:19

DEP [95] - 6:8; 36:9;

39:23; 41:9, 14,

24-25; 43:4; 45:14;

46:5, 20; 47:10, 14;

49:6; 52:20; 56:4,

16; 57:25; 59:14, 20,

23; 62:5; 68:5, 12;

69:12; 72:23; 74:21;

75:23; 76:6; 77:5, 7,

19; 78:3; 79:7;

80:14; 82:22; 83:4;

89:18; 93:17;

100:20; 111:4, 7,

15-16, 21, 23;

112:15, 21; 114:12,

22; 115:2, 4; 117:4,

9; 118:19, 24; 127:2;

128:23; 130:20;

133:1, 17; 135:15;

136:8; 138:10;

143:4, 13, 15, 23;

144:6, 13; 145:3, 25;

146:1, 12, 19; 147:8,

19; 153:3; 155:19;

156:1, 24; 157:11,

15, 21, 25; 158:18,

23; 159:2, 7

DEP's [4] - 88:17;

90:2; 147:21; 150:14

Department [5] - 41:1;

42:9; 44:16; 85:4;

121:19

department [3] -

25:25; 86:6; 125:23

department's [1] -

132:7

depict [1] - 17:10

depicted [1] - 29:4

depicting [2] - 68:18,

21

depiction [2] - 64:17;

68:8

depicts [4] - 10:8;

12:18; 28:25; 65:11

deposition [3] -

152:1, 9; 160:14

depressed [1] - 56:16

depth [4] - 39:9;

89:10; 142:25; 143:1

describe [18] - 5:22;

6:10; 9:18; 10:3;

11:16, 19; 12:5, 12;

5

15:21; 16:6; 17:1,

19; 73:6; 82:12;

88:22; 102:3, 7;

130:4

described [17] - 13:3;

18:18, 25; 69:23;

70:3; 71:12, 15;

73:14; 78:11; 83:11;

90:3; 97:21; 98:9;

106:7; 122:24;

130:9; 144:16

describes [4] - 9:13;

79:20; 88:11; 125:16

describing [4] - 68:2,

16; 81:20; 97:20

description [1] -

131:11

Design [1] - 7:6

design [18] - 52:16;

74:17; 85:13; 89:11;

108:20; 109:13;

110:4; 118:18;

136:15, 21; 137:7,

14; 139:5; 142:6, 11;

143:16; 146:7;

148:12

designated [1] - 124:3

designates [1] - 67:1

designed [11] - 51:10;

73:3; 74:18; 80:7;

86:9; 94:18; 121:23;

141:23; 142:1;

148:11

designing [1] - 87:10

desirable [1] - 108:9

desk [1] - 45:16

detail [5] - 8:20;

125:14; 130:4;

143:21, 24

detailed [1] - 109:7

detained [1] - 56:22

detention [8] - 15:13,

16; 51:14, 24-25;

54:11; 56:11

determination [5] -

30:8; 41:16; 46:1;

59:14; 61:17

determine [8] - 59:21;

66:9; 69:24; 70:17;

71:1; 106:15;

146:12; 156:7

determined [11] -

24:15; 25:9; 27:19,

23; 33:25; 34:6;

56:10; 65:22; 72:10;

146:19; 147:8

determining [1] - 38:4

detriment [1] - 138:2

develop [3] - 69:3, 6

developers [1] - 6:16

Developers [2] -

87:25; 88:18

Development [6] -

36:22; 47:4; 87:25;


110:18; 154:24;

155:21

development [45] -

6:9, 22, 24; 7:2, 8-9;

28:5; 30:1; 34:14;

36:7; 40:13; 44:8;

48:5, 9-10; 49:14,

17; 50:18; 52:1;

53:1, 16; 70:19;

71:3; 87:1, 4-5, 8;

94:7; 103:10; 105:5;

110:9, 14; 111:6;

120:12; 121:18;

127:4, 19; 135:1;

138:16; 148:9, 11;

158:16

developments [7] -

23:24; 48:4, 11;

121:22; 122:1

device [2] - 143:22;

147:13

diagram [3] - 126:1,

12, 23

diameter [4] - 104:21;

105:12; 107:13

differ [3] - 76:22;

135:19

difference [2] -

151:24

different [21] - 6:9;

17:13; 18:20; 29:19;

31:20; 35:10; 41:4;

46:17; 50:1, 15;

53:8; 76:24; 92:23;

115:7; 117:5; 118:5,

10; 136:5; 150:12;

152:20

differently [1] -

146:16

differs [1] - 136:2

difficult [2] - 28:23;

29:5

digit [1] - 118:10

dimension [2] - 22:13;

98:20

dimensional [2] -

68:22; 70:8

Dipple [18] - 5:8, 12;

7:15, 19; 10:2;

21:21; 56:3; 84:16;

116:8, 25; 146:22;

152:23; 158:13;

160:25; 161:5, 24;

163:1

dire [2] - 7:12; 149:18

DIRE [1] - 5:11

DIRECT [1] - 154:22

direct [2] - 158:12

direction [16] - 11:4,

7, 13; 13:22; 14:2;

23:3; 33:1, 5, 18;

58:13; 67:13; 91:11,

20; 98:23; 138:7

directly [4] - 13:10;

29:8; 30:3; 43:25

director [1] - 7:2

directs [1] - 126:3

Disabilities [1] - 24:21

discharge [4] - 51:6;

127:18; 138:4, 8

discharged [1] - 97:9

discharging [1] -

15:15

discuss [4] - 45:3;

60:20; 104:8; 139:9

discussed [21] - 9:15;

19:4; 26:1; 28:11;

80:19; 83:18; 84:1;

100:20; 101:11;

104:4; 120:8, 23;

124:1; 125:13, 17;

126:9; 127:24;

133:20; 137:21;

139:22; 140:25

discusses [3] - 81:25;

125:24; 126:25

discussing [1] - 78:3

discussion [14] -

24:17; 25:22; 26:12;

30:11; 53:7; 56:15;

57:5; 101:13; 114:6;

128:18; 130:17;

146:3, 14, 25

Discussion [1] -

163:16

discussions [1] - 56:9

displace [1] - 143:12

disposal [1] - 120:5

distance [3] - 21:4;

95:23; 121:2

distributed [2] -

22:24; 25:17

district [1] - 143:20

disturb [2] - 43:25;

48:7

disturbance [3] -

45:11; 69:10; 144:8

disturbing [1] - 105:9

ditch [13] - 15:8,

10-11, 15, 20; 33:7;

56:14, 23; 57:19;

127:20; 134:12;

135:12; 147:2

divided [1] - 115:7

division [2] - 6:14;

151:13

Division [2] - 111:17;

151:2

document [19] - 8:24;

9:3, 9; 31:6; 42:5,

7-8; 46:9, 11, 23;

61:21; 62:8; 64:9;

73:25; 79:4, 16;

84:17; 88:15; 121:20

documentation [4] -

83:2; 84:4

documents [2] - 8:10;

46:14

Dolan [6] - 124:23, 25;

125:1, 5, 24; 126:25

Dolan's [1] - 125:23

domestic [1] - 30:6

done [14] - 29:13;

52:15; 59:14; 66:8;

73:15; 75:6; 80:17;

82:7; 86:15; 91:2;

104:16; 111:25;

133:2; 146:16

dotted [1] - 15:7

double [2] - 122:22

doubt [1] - 74:9

Doug [3] - 159:5, 9

down [28] - 14:25;

29:22; 32:13; 33:11;

35:8; 36:5; 37:2;

38:17; 55:8; 56:14;

68:20; 91:17; 96:13;

101:4; 103:2;

105:11; 106:6, 8;

107:6; 108:4;

114:11; 129:24;

136:19; 137:10;

143:1; 151:21; 160:3

downhill [2] - 91:19;

93:13

downstream [9] -

34:15; 35:14; 36:13,

18; 37:8; 60:2;

70:17; 94:13; 137:17

DPW [2] - 10:24;

99:21

drain [2] - 136:19

Drainage [3] - 29:21;

51:20; 120:20

drainage [14] - 58:10,

12; 59:25; 70:2;

92:15; 96:2, 7,

16-17; 98:5, 11;

138:5; 145:23; 146:4

drains [1] - 147:1

draw [3] - 66:17;

149:14

Drawing [1] - 29:20

drawing [11] - 13:4, 6;

16:1; 17:2; 28:24;

29:13; 63:14; 64:6;

68:23

drawings [3] - 63:13;

77:4; 83:25

driver [1] - 26:21

driveway [43] - 16:22;

21:25; 22:5, 8, 11;

23:2; 26:25;

27:15-17; 28:3, 8;

29:2; 30:3; 75:12;

80:20, 24-25; 81:5,

20; 85:20; 90:7, 9;

91:4, 7, 16; 92:1, 4;

98:17, 23; 99:17;

100:16; 101:9, 21;

134:12, 19; 139:15;

155:6

driveways [5] - 12:20;

16:19; 27:25; 105:7

driving [1] - 26:23

drop [8] - 139:3, 5, 21;

140:2, 7, 9, 11, 18

drop-off [4] - 139:5,

21; 140:2, 9

drop-offs [2] - 139:3;

140:11

dropped [1] - 140:8

drops [1] - 91:18

due [6] - 39:9; 50:5;

60:19; 63:7; 116:11

duly [2] - 5:9; 154:20

duration [1] - 35:19

during [9] - 55:1;

89:9, 13; 137:13;

142:20; 150:10;

160:21

EE-1 [2] - 53:24

early [2] - 77:6; 79:7

Earth [1] - 10:6

easel [2] - 7:24; 102:5

easement [4] -

100:17; 101:20;

154:5; 155:5

easements [1] -

131:22

easily [2] - 22:10, 15

east [34] - 6:19; 10:11,

14, 18; 11:6, 8, 14,

23; 13:3, 17-18;

15:9; 16:23; 22:5;

23:11; 26:10; 27:18,

24; 29:23; 65:16;

67:11; 92:17, 20-21,

25; 97:18, 22; 98:1;

103:7; 134:14, 17,

19

east-west [3] - 10:14;

11:6; 15:9

eastbound [1] - 91:11

easterly [2] - 33:2, 12

eastern [17] - 17:11;

19:3; 21:6; 23:9;

32:14; 51:14, 22;

75:16; 80:24; 81:5;

106:2, 12, 22;

138:20; 139:24;

141:13

easternmost [6] -

85:20; 90:7; 91:4, 6,

25; 92:4

easy [1] - 74:9

eddies [1] - 67:11

educational [1] - 5:22

effect [6] - 13:2;

54:11; 59:2, 10;

66:24

effectively [9] - 12:15;

63:9; 66:19, 22;

80:17; 91:23; 94:5;

6

96:19; 102:11

efficient [2] - 52:12;

153:13

efforts [2] - 155:4;

156:20

egress [5] - 27:12, 14,

20; 80:4; 81:2

eight [2] - 25:4; 124:5

Eisdorfer [5] - 5:2;

56:2; 84:13; 113:24;

159:19

EISDORFER [41] -

5:3, 7, 11; 7:10, 18;

9:21, 25; 22:19;

34:23; 54:2; 55:25;

56:3; 61:24; 62:7;

63:23; 67:22, 25;

84:6, 14-15; 86:19;

88:10, 14; 109:23;

112:24; 114:19;

148:2; 149:22;

151:8, 20; 153:5, 17,

20; 154:3, 10, 22;

155:12; 159:21;

161:5; 162:2, 7

either [7] - 11:8;

27:24; 36:22; 48:6;

58:22; 111:16;

112:19

elderly [18] - 11:10;

13:18; 15:12, 17;

16:24; 23:11; 27:18;

33:4; 91:14, 16;

97:23; 98:18; 99:17,

20; 100:16; 101:13;

103:10; 150:3

elevate [4] - 71:23;

75:12; 86:10; 93:24

elevates [1] - 75:19

elevating [2] - 73:17;

96:6

elevation [41] - 11:21;

12:1, 22, 24; 13:1;

72:8, 10, 13, 18, 21;

73:20; 75:4, 12-13,

17; 80:6, 22, 24;

81:13; 85:13, 19, 21,

23; 87:10, 13, 16;

90:3, 12; 95:7, 10;

100:9, 18; 101:14;

127:4; 133:9, 12;

136:16; 156:3, 10

elevations [1] -

100:25

elevator [1] - 18:11

eliminate [2] - 90:13;

121:24

elsewhere [1] - 94:2

emergency [3] -

89:12; 100:23; 155:6

employment [2] -

6:11

en [1] - 45:24

encompass [1] -


45:21

encompasses [1] -

91:5

encounter [2] - 23:4,

10

encroach [6] - 44:7,

10, 12; 66:19, 22;

144:18

encroached [1] -

70:24

encroachment [5] -

6:8; 45:5; 66:21;

136:9

encumbered [2] -

17:6; 108:5

end [5] - 80:13; 113:5;

117:11; 143:3;

147:14

end-area [1] - 117:11

endangered [2] -

45:22, 24

energy [1] - 133:10

engage [1] - 155:10

engineer [8] - 5:15;

59:24; 127:11;

154:13; 156:24;

157:10; 162:11;

163:13

engineer's [1] -

114:25

engineered [1] - 91:2

engineering [15] -

5:17, 25; 7:11, 16;

8:7, 19; 52:22; 60:4;

62:19; 76:20; 83:24;

127:23; 160:19;

161:16

Englewood [7] - 7:7;

86:25; 87:2; 111:25;

134:25; 135:1

enhance [2] - 98:8;

126:12

enhancement [1] -

126:15

enlighten [1] - 131:7

enter [4] - 18:5; 23:3;

86:10; 102:17

entire [2] - 83:23; 87:7

entirely [1] - 99:12

entirety [4] - 65:14;

68:12, 17; 87:5

entitled [11] - 7:22;

12:14; 28:24; 29:20;

36:21; 60:11; 68:6;

90:22, 24; 120:20;

128:12

entrance [8] - 102:24;

103:17; 109:1;

132:19; 139:23;

140:3, 6

entrances [1] - 139:6

enumerated [1] -

127:14

environment [2] -

103:23; 108:1

Environmental [3] -

41:2; 42:10; 44:16

environmental [4] -

8:20; 156:22; 158:4,

22

envision [2] - 26:17;

103:22

equal [2] - 129:14;

133:5

equals [1] - 99:6

erosion [3] - 138:11;

142:14; 143:20

error [1] - 22:21

essence [1] - 128:24

essentially [2] - 52:9;

85:19

Essex [2] - 33:23;

41:9

estimate [2] - 91:5;

107:15

evening [1] - 114:4

evenly [1] - 35:14

event [14] - 66:2, 4, 6,

10, 13; 67:7; 73:21;

74:13; 95:13; 133:7;

134:5, 22; 147:17;

150:11

events [4] - 35:20;

51:2, 7; 127:1

eventually [3] - 15:19;

91:18; 108:11

Evergreen [2] -

107:18; 134:13

evergreens [1] - 103:4

evidence [2] - 149:9,

11

exact [4] - 23:18;

42:3; 76:19; 158:20

exactly [3] - 79:21;

101:15; 130:11

EXAMINATION [4] -

5:11; 7:18; 154:22;

155:16

examination [1] -

160:25

examine [1] - 161:17

examiner [1] - 153:19

exception [9] - 19:2;

148:12; 155:20;

156:24; 157:4, 25;

158:15, 24; 159:11

excess [1] - 94:19

excuse [2] - 51:5;

62:1

exemption [1] - 79:17

Exhibit [2] - 15:25;

28:25

exhibit [5] - 64:7;

74:2, 5; 133:23;

134:1

exist [5] - 56:14;

105:17; 106:22;

134:21; 147:16

existed [5] - 12:16;

20:18; 87:5; 127:17;

128:7

existence [7] - 20:17;

30:13; 41:10; 42:2;

56:22; 57:13; 147:2

Existing [2] - 12:15;

60:11

existing [84] - 10:8,

17, 25; 12:18; 13:15;

14:4, 23; 15:2, 8, 20;

17:10; 20:20; 30:2;

31:13; 32:14, 23-24;

33:6, 18, 20; 35:7;

36:20; 38:8; 44:24;

45:8; 50:18; 53:12;

54:6, 8, 16; 55:7, 15;

56:5, 8, 11, 19-20,

24; 57:2, 11; 58:17,

21; 60:25; 61:2, 17;

64:14, 16, 24; 65:1,

10; 70:9; 73:14;

86:12; 93:6; 102:14;

103:19; 105:1, 5, 24;

108:1; 115:21;

117:2, 15; 118:1, 3,

8; 127:19; 128:6;

131:5; 133:3;

135:12; 142:8;

143:2; 146:5, 15, 23,

25; 147:1, 5

exists [12] - 12:17;

13:9; 26:3; 35:16;

37:10; 45:4; 70:7;

93:11, 21; 103:12,

20; 141:20

exit [2] - 87:17; 90:9

exorbitant [2] - 110:8,

12

expand [1] - 109:10

expect [3] - 36:11;

143:11; 163:12

experience [2] - 6:2;

111:23

experienced [1] - 39:8

expert [6] - 7:11, 15;

41:20; 149:17;

160:19; 161:16

expertise [2] - 19:12;

149:23

explain [4] - 29:16;

77:23; 84:22; 129:11

explaining [1] - 79:9

exposure [3] - 18:23;

19:3, 10

extended [1] - 158:8

extends [1] - 97:16

extensive [5] - 45:15,

19; 48:22; 52:10;

69:25

extent [3] - 98:14;

99:3; 108:19

extreme [2] - 58:19;

138:6

extremely [2] - 38:9;

96:15

eye [1] - 142:10

Ffacade [1] - 74:20

face [3] - 23:11;

44:25; 139:24

facilities [2] - 11:21;

120:5

facility [19] - 13:18;

15:12, 18; 16:25;

23:12; 27:18; 30:18;

31:14; 33:4; 91:14,

16; 97:24; 98:18;

99:17, 21; 100:16;

101:13; 103:10;

155:5

fact [23] - 22:18, 20;

39:3, 5, 10; 45:15;

49:15; 50:19; 62:17;

78:24; 81:11; 82:15,

17; 94:18; 107:9;

123:3; 131:16;

138:23; 139:14;

141:7; 147:18;

156:23; 157:3

factor [4] - 36:10; 66:3

fair [2] - 17:7; 103:23

fall [1] - 120:13

falls [1] - 56:21

familiar [6] - 47:10,

12; 74:2; 84:20;

87:22; 121:13

family [6] - 11:4, 7,

14; 19:25; 21:4; 24:1

far [3] - 79:8; 100:22;

101:4

fashion [4] - 10:14;

15:9, 19; 141:23

feasible [2] - 32:9;

111:3

feature [3] - 11:10;

15:1; 16:13

features [15] - 12:13,

20; 48:23; 49:17;

51:11; 52:14; 53:16;

56:12; 58:15; 68:15;

71:15; 73:2; 103:16,

20

February [3] - 76:18;

80:9

federal [1] - 53:9

feet [66] - 12:25; 20:7,

9-10, 12, 14, 21, 23;

21:5, 7, 10, 12; 22:1,

9; 26:7; 28:4; 38:10,

12, 15; 46:17; 54:21;

55:7, 15; 70:15;

75:3, 18-19; 89:11;

91:6; 92:3; 97:17;

98:21, 25; 99:9, 11;

106:22; 111:14;

116:3; 117:16;

7

121:1, 4-5, 8-10;

122:4; 123:1; 126:3,

7, 21; 132:22; 141:8,

11; 142:25

felt [1] - 114:16

fence [2] - 142:12;

145:7

fencing [1] - 131:14

few [9] - 36:1; 78:25;

79:9; 102:15; 105:2,

8, 15; 121:4

field [2] - 7:15; 37:22

figure [2] - 109:21;

152:12

Figure [1] - 68:5

file [2] - 158:13, 23

filed [3] - 69:15;

159:14

filing [1] - 159:10

filings [1] - 159:7

fill [8] - 53:3; 71:14;

73:22; 94:1; 95:21;

108:6; 116:11

filled [1] - 47:2

fills [1] - 9:25

final [1] - 147:23

Final [1] - 7:23

finally [1] - 118:21

fine [1] - 150:10

finger [3] - 51:22;

97:14; 98:13

fingers [1] - 99:1

finish [3] - 161:25;

163:4, 6

finished [6] - 72:6, 15;

73:18; 87:11; 148:3

fire [14] - 28:7, 10;

29:4, 25; 30:6, 10,

15; 31:23; 32:15;

124:24; 125:18, 23;

132:7; 160:21

firm [5] - 6:22; 7:1, 6;

135:5; 158:3

first [24] - 9:17; 17:2;

31:25; 39:5; 46:15,

22; 49:8, 10; 50:15,

24; 52:1; 74:10;

76:24; 77:19; 84:25;

89:4; 91:16; 93:2;

107:25; 119:18;

125:4; 152:16;

153:11

five [13] - 19:1; 35:11;

53:2; 55:24; 115:7;

128:4, 7; 145:20;

152:21; 155:8;

163:15

five-minute [1] -

152:21

fixtures [2] - 138:17;

139:11

flag [1] - 42:20

flagged [1] - 41:21

flags [3] - 41:22, 24;


42:20

flat [13] - 11:18, 25;

12:2, 5; 36:24; 37:1,

3; 40:14; 91:12;

93:7; 130:1, 15

flatter [1] - 91:17

flip [1] - 60:6

Flood [6] - 7:23; 14:4,

8-9; 60:11; 127:2

flood [199] - 6:2, 4, 6;

8:9, 17, 23; 14:11;

22:4; 41:10; 43:1, 3,

9, 14; 44:19; 45:13;

46:13, 22; 47:11;

48:14; 52:23; 58:4,

25; 59:15, 21; 60:7,

10; 61:14; 63:12;

64:13, 19-22; 65:8,

11, 14, 17-18, 24-25;

66:4, 6, 10, 12-13;

67:2, 9-10, 13, 15;

68:6-13, 18, 23;

69:1, 7, 11-12, 17,

24; 70:4, 7-8, 10-11,

15, 17, 22, 25; 71:2,

5-6, 9, 11, 21; 72:1,

7, 10, 14, 18, 21;

73:3, 13, 16, 19, 21,

23; 74:5, 12-13, 21;

75:13, 20-21; 76:1;

78:10, 15; 80:3, 5,

22-23; 81:3, 13,

15-16; 83:12; 85:9,

12-13, 18, 21, 23;

86:4; 87:5, 9-10, 13,

16, 18; 88:1, 18, 22;

89:9-11, 13; 90:11;

93:17, 21-23; 94:3,

6, 8-9, 12, 14, 18-19;

95:5, 7-9, 13, 17, 19,

25; 98:3; 100:9, 18;

111:7; 113:12;

115:17, 21, 25;

116:6, 10, 14, 18,

25; 117:5; 118:16;

127:1, 5; 129:20;

132:21; 133:2, 5, 7,

9; 136:2; 143:4, 12;

147:15; 150:10;

153:3; 155:18, 21;

156:9, 25; 158:24;

159:11

flooded [6] - 65:15,

20; 67:5, 7; 68:17

flooding [6] - 58:8,

16; 89:9, 17; 132:24

floodway [39] - 13:22,

24; 58:4; 59:15, 21;

64:12, 18, 25; 65:2,

7, 11, 13, 19; 66:9;

67:1; 68:8, 21; 69:3,

5, 25; 70:4, 23-24;

95:18, 23; 108:4, 10,

13-14, 17; 128:18;

129:13, 15, 20;

130:3, 16

Floodway [1] - 13:25

floor [7] - 18:8; 72:6,

15; 73:18; 87:12;

143:9

floors [2] - 17:23;

125:19

flow [81] - 15:11, 18;

30:18; 31:4, 8, 15,

19, 23; 32:2, 8-9, 18;

33:4, 19; 34:8;

35:11, 13, 16-17, 21;

36:5, 8-9, 11-12, 20;

37:2, 17, 23; 38:6,

18, 25; 39:1, 11, 13,

15, 19-20; 40:15,

17-18, 23; 51:25;

55:7; 56:17; 57:18;

58:10, 13, 22-23;

59:3, 9; 67:4, 10, 12,

14; 68:20; 70:11;

73:24; 95:6; 96:12,

19, 21-23; 97:2, 4, 7,

10, 20; 98:9; 125:11;

137:9; 138:1;

143:22; 147:13

flowing [1] - 39:17

flows [3] - 38:9, 25;

125:18

fluvial [1] - 85:9

focus [1] - 72:4

follow [2] - 129:16, 22

following [3] - 85:6;

89:3; 151:18

follows [3] - 5:10;

130:12; 154:21

foot [26] - 66:14; 72:7,

16, 18, 21; 80:5, 21,

23; 81:12, 19; 85:12,

18, 22; 86:8, 11;

90:11; 100:8, 18;

101:1, 4; 116:18;

122:13; 127:5; 156:9

foot-candles [1] -

122:13

footprint [2] - 16:16;

82:7

forested [1] - 105:21

Form [2] - 47:6

form [14] - 8:22; 43:8;

46:24; 47:1, 8; 52:8;

79:7; 82:13; 119:24;

125:2; 147:11;

149:21; 150:22

formal [2] - 43:24;

79:2

format [1] - 47:3

formulas [1] - 65:22

forthcoming [1] - 34:5

forum [1] - 112:18

forward [3] - 5:6;

152:25; 163:7

foundation [4] - 88:8;

102:18; 103:1, 5

four [18] - 6:15; 18:15,

19; 19:1; 20:25;

21:2; 47:8; 48:21,

23; 49:2; 57:18;

61:7; 75:18; 139:11;

160:5

four-inch [1] - 57:18

four-page [1] - 47:8

four-story [1] - 18:19

fourth [3] - 54:4;

79:20; 140:19

frankly [1] - 96:10

free [5] - 123:19;

124:10, 16, 18

freely [2] - 56:17;

74:24

fresh [1] - 160:8

freshwater [8] -

13:11; 17:6; 42:4,

22; 43:9; 44:1;

46:25; 105:20

Fringe [2] - 14:8;

60:12

fringe [24] - 14:11;

58:4; 64:19, 22;

65:8; 67:2, 13; 68:8,

24; 69:7, 11; 70:8,

12, 22, 25; 71:3, 21;

81:17; 93:21, 23;

95:20

front [26] - 6:25; 7:25;

11:22; 20:8, 11;

26:2; 30:1; 31:19,

24; 45:17; 75:12;

81:4; 97:23; 98:17;

102:14; 103:16;

105:8; 134:6;

138:21; 139:6, 12,

23; 140:3, 5, 9

frontage [3] - 20:6;

96:9; 105:16

FS [1] - 60:10

FS-1 [9] - 60:8, 23;

61:3, 9, 16; 64:7;

65:12; 118:6

full [1] - 104:23

fully [8] - 72:23;

80:15, 23; 110:19,

21, 23, 25; 148:18

function [3] - 39:4;

147:15; 150:9

functioning [1] -

17:24

furniture [1] - 25:20

Ggallons [13] - 30:21;

31:3; 32:1, 3; 39:24;

40:2, 5, 7; 125:6, 8,

12

garage [18] - 16:14;

18:11, 25; 23:17;

26:18; 109:1, 4;

110:12; 120:25;

140:8, 12, 14-15, 19;

143:10

Garden [4] - 37:7, 10;

39:14, 17

gate [2] - 127:17, 20

geared [1] - 142:6

general [19] - 9:18;

10:3; 12:24; 13:1;

45:2, 10, 12; 48:18;

49:16; 65:17; 102:9;

125:4; 134:19;

135:15, 18-19;

136:3, 5, 11

generalize [1] -

123:16

generally [30] - 10:14;

11:3, 6, 23-24; 12:4;

13:21; 14:2; 16:21;

40:1; 42:22; 50:5,

13; 65:13; 75:18;

81:10; 82:20; 91:10;

92:24; 93:9; 102:7;

104:7; 112:14, 20;

113:12; 121:4;

124:12; 132:6; 159:8

generated [2] - 38:6;

39:21

given [16] - 10:7;

16:17; 24:4; 25:15;

29:12; 32:19; 39:23;

50:17; 56:19; 90:2;

107:7; 110:13;

126:10; 137:18;

139:4

gonna [15] - 21:21;

32:19; 65:9; 66:24;

70:22; 76:18; 83:1;

102:8; 105:23;

119:9; 135:21;

141:11; 144:25;

145:1

Google [1] - 10:6

gotta [1] - 153:9

government [1] - 53:9

governs [2] - 48:3;

121:22

GPM [1] - 31:3

grade [15] - 18:17;

22:25; 23:6, 13;

38:11; 91:3, 15;

92:20, 25; 93:3;

94:22; 97:9; 130:2

Grading [3] - 29:21;

51:20; 120:20

grading [4] - 70:21;

75:8; 111:12; 116:15

grant [2] - 112:19;

151:17

granted [2] - 136:11;

150:9

granting [1] - 150:25

grass [1] - 131:20

grassed [2] - 17:13;

8

105:6

gratuitous [1] -

114:16

gravity [3] - 38:25;

39:1; 137:10

gray [2] - 16:18; 64:22

great [2] - 130:4;

135:4

greater [5] - 21:10;

70:14; 107:18; 128:4

greatly [1] - 150:5

green [6] - 17:3, 12;

82:8; 103:18; 104:2

grew [1] - 138:23

ground [9] - 18:8;

49:1, 20, 22; 68:25;

75:6; 136:19; 146:5

group [3] - 125:20;

145:13, 22

Group [1] - 34:12

grow [6] - 102:20;

105:6; 108:11;

141:8, 10, 15

growth [1] - 141:14

guess [4] - 13:10;

53:19; 106:13; 113:8

guest [4] - 23:21;

24:2, 9

gutter [5] - 92:15;

96:19; 97:10, 20;

98:9

HH-e-k-e-m-i-a-n [1] -

154:19

half [5] - 6:14; 24:3;

75:18; 93:10; 109:3

hand [5] - 17:5; 58:19;

154:16

handicapped [4] -

24:13, 16; 25:10;

120:15

handle [1] - 158:4

handled [2] - 120:7;

135:3

hard [1] - 116:23

hardship [26] - 77:22;

78:16, 18; 79:3, 17,

19, 21, 23; 89:22;

90:13; 112:2, 6, 10;

113:1, 18; 114:1;

151:1; 152:24;

155:20; 156:24;

157:4, 24; 158:14,

24; 159:10, 14

harm [6] - 148:21;

149:1, 6, 16, 25;

150:2

hatch [1] - 64:20

hatched [2] - 64:22;

74:11

Haul [1] - 26:20

hazard [86] - 6:2, 6;

8:9, 17, 23; 22:4;


41:10; 43:1, 3, 10,

14; 44:19; 45:13;

46:13, 23; 47:11;

48:14; 52:24; 59:15,

21; 61:14; 64:13, 21;

65:12, 25; 66:4;

68:6, 10, 13, 18;

69:12, 17, 24; 70:5;

71:11; 72:1, 7, 10,

14, 18, 21; 73:19;

78:11, 15; 80:4, 6,

22-23; 81:4, 13, 15;

83:12; 85:9, 13, 18,

21, 23; 86:4; 87:6,

10, 13, 16, 18; 88:1,

18, 23; 89:11; 90:11;

93:18; 98:3; 100:9,

18; 111:7; 113:12;

115:21; 129:21;

133:2; 136:2; 153:3;

155:18, 22; 156:9,

25; 158:24; 159:11

Hazard [4] - 7:23;

14:4, 9; 127:3

head [5] - 15:14; 40:8;

58:22; 139:11; 157:6

heading [1] - 23:8

heads [1] - 33:12

health [1] - 108:8

healthcare [1] - 155:5

heard [5] - 14:19;

17:22; 21:11; 151:4;

156:12

Hearing [1] - 162:22

hearing [8] - 113:1,

25; 114:2, 10;

116:23; 131:10;

152:1; 153:19

hearings [6] - 112:22,

25; 113:11; 114:3,

12

hearsay [3] - 77:11;

78:2, 8

heart [1] - 78:7

height [10] - 20:21,

24; 21:2; 26:21;

104:22; 106:24;

132:24; 138:16;

141:8

heights [3] - 106:11,

15, 17

Hekemian [6] - 34:12;

47:3, 9; 154:4, 10,

18

held [9] - 52:2; 89:14;

113:25; 114:2, 9-10,

14; 163:16

help [2] - 15:23; 16:4

helpful [1] - 65:3

heritage [1] - 46:1

high [7] - 97:22;

106:20; 139:13;

141:8, 11

High [2] - 89:5, 7

higher [7] - 11:21;

32:5, 8; 36:10;

94:16; 122:6; 125:9

highest [1] - 75:17

highlight [1] - 115:3

hill [2] - 90:14; 91:9

history [2] - 6:11

hit [2] - 137:7, 12

hold [5] - 5:16;

113:11; 114:11;

134:10

hole [1] - 10:1

homes [3] - 11:4, 8;

13:13

honest [1] - 131:9

honestly [2] - 27:3;

112:5

Honor [7] - 5:4, 7;

54:2; 84:14; 86:19;

88:10; 153:17

hope [1] - 46:2

hopefully [2] - 161:11;

163:4

hour [1] - 84:8

housing [1] - 122:1

Hudak [6] - 119:22;

120:3, 8, 22; 121:5;

123:3

Hudak's [2] - 119:18;

120:18

hundred [20] - 51:1, 4;

55:12, 14, 19; 66:2,

5, 9-10, 13; 68:19;

97:17; 111:14;

116:3; 117:16;

125:8, 10; 132:21

hundred-year [10] -

51:4; 55:12, 19;

66:2, 5, 9-10, 13;

68:19; 132:21

hydrant [7] - 30:18;

31:8, 15, 19; 32:3;

125:7, 11

hydrants [5] - 29:25;

30:21; 31:20, 24;

125:9

hydraulic [7] - 37:1;

45:19; 59:24; 70:1;

79:11; 128:24;

132:15

Hydraulic [1] - 115:13

hydraulics [8] - 6:5;

53:2; 59:19; 60:1, 7;

66:24; 71:13; 76:14

Hydraulics [1] -

115:13

Hydro [2] - 8:16;

42:11

hydrographs [1] -

54:15

hydrolic [1] - 6:18

hydrologic [10] - 6:18;

45:19; 50:19; 56:8,

18; 59:24; 70:1;

76:15; 128:23;

132:14

hydrology [5] - 6:5;

7:16; 53:2; 71:12;

115:8

Iidentified [9] - 41:13;

81:9; 84:24; 85:14,

16; 93:9; 100:5;

104:23

identifies [2] - 23:23;

42:2

identify [8] - 41:20;

42:6; 45:24; 46:10;

81:7, 22; 83:4, 11

identifying [1] - 42:21

illuminated [1] -

122:12

illumination [3] -

122:16; 139:12, 14

illustrates [2] - 28:20;

67:17

illustration [2] - 68:2,

5

imagery [1] - 10:6

imaginary [3] - 65:23;

66:11; 130:6

imagine [2] - 40:6;

116:19

immediate [1] - 87:16

immediately [3] -

11:8; 26:1; 31:24

impact [16] - 40:9, 11;

43:25; 52:16; 53:15;

94:13, 24; 95:9, 24;

96:1; 97:25; 98:4, 10

impacts [1] - 94:21

impeded [4] - 150:5,

8, 18, 20

impermissible [1] -

78:8

impervious [9] -

11:23; 20:15; 21:23;

48:6; 49:12, 15;

50:22; 96:4

important [4] - 64:15;

66:1; 72:9, 13

impose [2] - 89:18, 21

improve [2] - 29:11;

49:18

improved [3] - 40:16;

96:11; 98:15

improvement [20] -

24:5; 28:6; 71:10;

93:19; 94:23; 96:16;

98:1; 99:3, 8, 12, 24;

100:4, 7, 13; 121:14,

17; 122:5; 126:24;

150:6

Improvement [2] -

121:11, 21

improvements [3] -

48:13; 98:12; 118:16

Improvements [1] -

126:5

improving [1] - 96:7

inadequate [2] -

38:13; 123:20

inadvertent [1] - 22:9

inadvertently [1] -

22:6

inappropriate [1] -

152:5

inch [6] - 31:1; 57:18;

99:6, 15; 107:17, 19

inches [3] - 92:5;

105:12; 107:21

incidentally [1] -

106:10

include [8] - 20:25;

43:11; 52:19; 56:5;

57:2, 4; 62:20; 81:2

included [12] - 24:11;

56:18, 20; 57:24;

60:10, 16, 22; 64:6,

10; 82:10; 115:14,

19

includes [8] - 24:2, 9;

43:8; 52:24; 65:17;

79:16; 107:17, 19

including [2] - 6:19;

60:2

Inclusion [1] - 110:17

inclusion [2] - 19:25;

148:9

inconvenience [1] -

89:15

incorrect [5] - 14:8;

37:21; 98:19; 143:7;

151:14

incorrectly [2] -

104:2, 7

increase [17] - 32:18;

44:9; 49:11; 50:16,

21; 71:9; 91:15;

94:6, 8-9; 95:7, 12;

122:17; 126:17, 22

increased [3] - 30:16;

66:2; 122:20

increases [2] - 48:6;

59:3

increasing [5] - 32:14,

16; 96:3; 125:16

indicate [2] - 120:10;

147:3

indicated [3] - 42:24;

47:22; 58:2

indicates [3] - 31:22;

42:19; 127:22

indication [1] - 40:12

Individual [1] - 7:24

individual [5] - 8:23;

69:17; 85:5; 135:19;

136:1

indoor [1] - 120:7

ineffective [5] - 67:4,

9, 14; 70:10; 95:6

9

inefficiently [1] - 59:8

infiltration [2] - 48:25;

50:5

information [8] -

52:25; 76:11; 79:14;

82:14, 22; 113:16;

115:14; 137:15

informed [2] - 77:20;

142:9

ingress [3] - 27:12,

14, 20

initial [1] - 128:21

inlet [1] - 96:13

inlets [2] - 96:17

inoperable [1] - 57:16

inoperative [1] -

57:21

inside [4] - 15:6;

18:11; 29:11; 126:18

insignificant [1] -

131:8

inspection [1] - 21:23

install [1] - 135:17

installing [1] - 35:11

instance [2] - 39:24;

54:19

instances [1] - 36:23

instead [3] - 96:19;

97:10; 153:8

instructed [1] -

101:14

instruction [1] - 152:2

insufficient [1] - 60:2

intend [1] - 124:7

intense [1] - 59:5

intent [1] - 100:6

interfere [2] - 138:24;

152:7

intermixed [1] - 105:4

intermixing [1] -

102:13

internal [2] - 28:2, 4

interpretation [10] -

24:20; 41:25; 42:9,

15; 80:16; 90:2;

100:10; 150:14;

151:2, 15

interpreted [4] -

78:12; 80:6; 81:1;

86:6

intersections [1] -

88:20

intrude [2] - 43:17

intrudes [1] - 43:20

invert [2] - 37:21;

38:10

inverts [1] - 36:3

involve [2] - 82:24

involved [2] - 86:16;

157:8

island [1] - 26:4

islands [2] - 103:15;

134:17

issuance [1] - 113:16


issue [24] - 42:1;

52:21; 64:2; 78:6;

82:2; 85:5, 14, 16;

86:16, 21-22; 98:9;

108:20; 114:24;

128:8; 133:16;

135:15; 144:1;

146:12, 18; 147:7;

151:16; 157:12

issued [9] - 88:2, 6;

114:22; 115:4;

119:23; 124:25;

128:21; 129:1;

132:15

issues [2] - 34:4;

114:12

item [1] - 88:25

items [1] - 82:10

itself [11] - 16:1; 26:3;

37:2; 60:1; 63:14;

70:2; 80:22; 85:22;

87:22; 90:10

JJanuary [1] - 34:9

Jersey [12] - 5:15, 18;

6:21; 7:3, 7; 8:12;

31:9; 32:5; 41:1;

48:1; 49:24; 69:13

joint [2] - 33:23; 41:8

judge [1] - 84:6

Judge [1] - 151:25

July [9] - 9:5;

119:13-15, 23;

123:9; 125:1;

126:11; 127:12

junctions [1] - 35:15

June [3] - 10:7; 62:16

Kkeep [3] - 66:11;

75:20; 92:13

Kenilworth [1] - 58:11

key [1] - 74:9

Killam [1] - 6:13

kind [21] - 11:11;

14:12; 26:3; 66:20;

67:9, 12; 69:14, 20;

82:9, 11; 102:13;

104:24; 105:4;

106:4; 116:21;

123:17; 130:3;

132:6; 133:13;

140:4; 141:20

knock [1] - 106:6

knowledge [4] - 86:5;

88:9; 89:23; 101:9

LL-shaped [1] - 16:11

L2A [3] - 7:6; 157:24;

158:13

labeled [5] - 13:25;

14:3; 16:1; 17:12;

28:24

labeling [1] - 131:19

lack [1] - 88:8

lamps [1] - 138:14

land [6] - 6:22, 24;

7:2, 7; 43:7; 48:7

Land [2] - 7:6; 47:6

landowners [1] - 47:1

landscape [3] -

103:16; 141:22;

142:3

landscaped [3] - 26:4;

103:15; 105:6

landscaping [13] -

16:3; 17:14; 102:3,

6-7, 11, 25; 104:7,

10; 141:17; 142:1, 9

large [19] - 10:17;

11:1; 13:8, 11;

26:19; 35:15; 37:9;

39:15; 48:4; 51:23;

52:9; 58:9; 105:5;

134:4, 10; 141:21,

25; 143:11

larger [7] - 11:20;

25:6; 26:15; 27:2;

31:2; 66:5; 99:6

last [4] - 107:15;

118:24; 123:2;

154:15

late [1] - 84:1

latest [1] - 7:22

lawn [4] - 17:12;

103:22, 25; 134:5

lawyer [1] - 152:8

layman's [1] - 68:10

laymen's [1] - 38:21

Lea [1] - 162:17

least [4] - 25:12;

85:11; 86:5

leave [4] - 56:17, 23;

127:19; 162:19

leeway [1] - 74:17

left [15] - 10:11; 13:5,

7, 14; 14:16; 16:10;

17:5; 23:5; 34:15;

37:9; 58:19; 68:24;

154:16; 156:17

left-hand [3] - 17:5;

58:19

length [3] - 19:4; 26:7;

99:4

lengthened [1] -

113:18

lengthy [5] - 128:18;

129:9; 130:17;

132:17; 133:13

less [3] - 91:5; 122:12;

135:25

Lessard [16] - 13:23;

16:17; 17:22; 18:24;

20:22; 21:11; 72:2;

73:1, 7; 104:5;

106:21; 123:13;

125:20; 132:3;

140:17; 145:11

lessard [1] - 75:4

lessard's [2] - 14:6;

75:1

letter [34] - 9:5, 11,

13; 41:25; 42:8, 15;

46:19; 47:2; 80:14;

81:22, 24; 84:19;

100:5; 109:21;

114:23; 115:4;

119:12, 23; 123:8;

124:22, 25; 125:1, 4,

23; 126:9, 11; 127:8,

12; 128:25; 129:7;

147:24

letters [1] - 57:6

level [11] - 18:4; 72:1;

74:10; 121:3;

122:18; 139:13;

140:15, 19

levels [7] - 18:9,

13-14; 19:1; 25:14;

27:5

licenses [2] - 5:16, 18

lift [2] - 92:1; 116:16

lifted [1] - 87:11

light [15] - 17:17;

42:18; 64:20; 74:11;

84:23; 103:18;

122:17; 138:16;

139:11; 141:1;

148:6, 14, 20;

150:14

lighter [1] - 17:11

lighting [6] - 122:13;

138:24; 139:1, 15;

141:3, 5

lights [1] - 138:21

likely [4] - 114:10;

139:5, 21; 140:18

limit [3] - 26:21; 35:9;

42:21

Limit [3] - 14:1, 5, 10

limits [1] - 70:16

line [48] - 13:21, 24;

14:1, 10, 22, 24;

15:7; 17:11; 21:6,

8-9, 13; 22:9; 42:9,

18; 44:24; 51:15;

64:13, 18-19; 65:11;

66:18, 21, 25; 70:25;

92:10, 12-15, 22-24;

93:8; 97:3; 103:12;

106:4, 8; 122:11;

128:19; 132:21;

133:2

Line [3] - 14:8; 90:25

lines [12] - 12:21;

13:19; 14:11; 27:20,

23; 29:6; 30:6; 70:3;

129:16, 21-22, 25

liquids [1] - 40:19

list [3] - 136:3; 142:2,

4

live [1] - 140:19

lived [2] - 18:5; 35:5

lives [1] - 141:24

LLC [2] - 87:25; 88:19

loading [8] - 26:1, 5,

8, 13-14, 24; 139:22;

140:1

lobby [1] - 18:10

local [2] - 46:18;

157:16

located [4] - 10:4;

41:17; 80:5; 104:18

location [17] - 7:1;

36:2; 42:3; 43:16;

59:15; 67:16; 83:22;

85:20; 120:4, 10;

127:22; 138:20;

140:2, 5; 142:13, 16

locations [3] - 35:12;

134:6, 8

logic [1] - 151:19

LOI [2] - 41:25; 42:1

look [33] - 12:7; 34:13;

43:15, 18; 52:7;

54:13; 56:7; 60:3, 8;

61:3; 70:6, 16, 21,

25; 74:14, 25; 90:20;

91:21, 23; 94:3, 12;

95:17; 104:19;

115:22; 119:8;

125:18; 126:8;

132:10; 134:2;

136:22, 25; 141:18

looked [2] - 74:1;

101:6

looking [11] - 12:24;

23:12; 38:14; 53:18,

22; 79:10; 82:14;

83:20; 98:20; 116:4;

122:24

looks [1] - 74:19

loop [4] - 30:4, 14, 17;

32:17

losing [1] - 94:19

louvered [1] - 74:23

low [4] - 97:18; 103:9,

15; 122:16

lower [5] - 12:1; 17:5;

58:19; 116:17

lowest [1] - 72:6

luck [1] - 161:25

lunch [3] - 84:9;

114:20, 25

Luncheon [1] - 84:10

LURP [1] - 47:6

lying [2] - 103:9, 16

Mmagnitude [2] -

116:2; 150:11

mail [1] - 161:10

main [9] - 29:22; 30:2,

10

13, 16; 32:12, 15;

39:7; 125:17; 140:4

maintained [1] -

145:18

maintenance [1] -

145:15

major [8] - 48:4, 8-9,

21, 23; 49:3; 79:1

manage [3] - 155:1;

158:17; 159:2

management [35] -

6:14, 16; 43:12;

47:24; 48:3, 10, 16,

24; 49:2-4; 50:2;

53:5, 13; 56:4;

57:23; 61:12; 71:14,

19; 76:16; 79:12;

81:23, 25; 82:4;

118:14, 18; 128:6,

11; 145:14, 16-17,

24; 147:22; 156:16

manager [1] - 162:20

maneuver [2] - 28:18;

29:15

maneuvered [1] - 28:8

maneuvering [2] -

25:6; 28:15

manhole [5] - 33:5,

18; 44:24; 144:3

manmade [3] - 15:11,

20; 56:23

manual [1] - 145:15

manuals [1] - 53:8

manufacturer's [1] -

109:9

map [15] - 9:19; 15:22;

31:22; 43:18; 49:25;

60:9, 11; 63:8, 17,

19; 64:5, 10; 65:10;

72:12; 74:9

maps [5] - 35:23;

37:19; 38:14; 61:7

March [7] - 77:7; 79:6;

80:12; 84:1; 100:5

mark [2] - 67:20;

133:25

marked [23] - 8:2, 25;

9:4, 9, 21-22; 31:7;

34:22; 42:6; 46:10;

64:5; 67:22; 74:1;

79:4; 84:17; 88:15;

93:2; 102:9; 106:17;

115:1; 126:24;

133:24

markings [1] - 122:22

Marsden [14] - 9:14;

44:22; 127:9, 14, 16;

131:7; 135:13;

136:17; 137:1;

138:6, 18; 141:16;

143:5; 160:21

Marsden's [6] -

127:12; 128:12;

131:10; 132:18;


144:19; 147:24

material [2] - 76:14;

142:24

materials [1] - 114:21

matter [7] - 8:14; 35:7;

78:4, 7; 79:20;

125:22; 130:19

mature [2] - 105:3, 9

maximum [5] - 20:15,

21, 24; 21:2, 14

McKENZIE [22] - 9:23;

35:4; 61:4, 9; 62:1,

13, 23; 63:1, 20;

64:1; 107:11; 110:2;

117:21; 118:1;

160:23; 161:13, 18,

23; 162:4, 13; 163:3,

10

mean [6] - 37:4;

48:21; 109:10;

133:8; 137:4; 150:20

means [3] - 43:24;

66:19; 133:9

measure [3] - 35:16;

105:12; 121:7

measured [2] - 35:17;

125:7

measurement [1] -

142:14

measurements [1] -

106:11

measures [1] - 155:18

meet [6] - 33:5; 50:14;

54:17; 80:7, 9; 82:13

meeting [15] - 9:15;

28:10; 41:8; 78:19;

80:11, 19; 81:7;

84:1; 120:7, 23;

124:1; 139:10;

157:9, 11, 14

meetings [1] - 157:9

member [1] - 6:13

members [2] - 47:18;

154:25

memory [1] - 109:22

mention [1] - 123:10

mentioned [12] - 8:19;

20:22; 37:20; 41:5;

52:4, 23; 72:9; 86:3;

89:7; 115:6; 121:5;

137:18

mentions [1] - 130:25

menu [1] - 82:10

merely [1] - 83:1

messages [1] -

156:17

met [2] - 80:14; 158:1

meters [2] - 35:11, 13

Method [1] - 59:23

method [1] - 117:11

methodologies [2] -

66:16; 147:12

methodology [4] -

59:22; 117:9;

129:14; 147:20

methods [1] - 117:10

metropolitan [1] -

50:3

Michael [2] - 5:8;

42:11

middle [4] - 10:13;

14:25; 16:15, 21

might [9] - 28:23;

30:23; 108:9;

116:16; 133:10;

140:11, 18; 143:6

Mike's [1] - 109:22

mile [1] - 46:17

Millstone [1] - 6:20

mind [1] - 111:11

minimal [2] - 37:15;

91:13

minimum [14] - 20:4,

6, 8-9, 11, 13; 21:4,

6, 9; 72:16; 74:22;

86:11; 90:11; 122:20

minor [2] - 78:25;

136:9

minute [11] - 30:21;

31:3; 32:1, 4; 55:24;

125:6, 8, 12; 149:3;

152:21

minutes [1] - 163:15

missed [1] - 120:22

model [14] - 36:4;

53:11; 56:5, 11, 18,

20, 24; 57:3; 70:8;

72:11; 82:16; 117:7;

147:5

modeled [4] - 56:15;

57:20; 146:16; 147:4

models [3] - 54:11;

128:24; 132:15

modification [2] -

115:20; 132:18

modified [5] - 29:13;

112:13; 138:8;

146:1; 151:6

modify [3] - 133:1;

140:1; 145:20

modifying [1] -

132:20

moment [1] - 112:9

momentum [1] -

38:17

money [1] - 83:7

month [3] - 35:18;

113:5

months [3] - 113:5, 8,

14

MORIN [40] - 7:13;

9:24; 34:24; 61:19;

77:11; 78:1; 83:15;

86:18; 88:7; 109:22,

24; 113:20, 24;

114:7, 15; 119:14;

148:25; 149:5, 10,

13, 20; 150:22;

151:23; 152:10, 16;

153:12; 154:1;

155:14, 16-17;

159:18; 160:13, 18;

161:1, 15, 21;

162:22; 163:1, 9, 12

Morin [4] - 9:6, 12;

119:12; 129:8

Morin's [1] - 154:13

morning [4] - 162:3,

6-7; 163:6

most [14] - 11:9; 27:4;

50:13; 71:7; 80:24;

81:5; 92:1; 101:7;

106:3, 23; 114:10;

117:8; 134:19; 140:9

mounted [1] - 141:4

move [4] - 25:18;

70:19; 96:18; 130:24

moved [3] - 6:21; 7:1;

22:5

moving [3] - 26:19;

118:13; 133:6

MR [101] - 5:1, 3, 5, 7,

11; 7:12-14, 18; 8:2;

9:21, 24-25; 22:16,

19, 22; 34:22-24;

37:4; 45:8; 54:2;

55:23, 25; 56:1, 3;

61:19, 24; 62:7, 15;

63:23; 64:3; 67:22,

25; 68:1; 71:18;

77:11; 78:1, 9; 83:9,

13, 15; 84:6, 8,

14-15; 86:18; 88:7,

10, 14; 109:22-24;

112:24; 113:20, 24;

114:7, 15, 19;

119:14; 148:2, 25;

149:5, 10, 13, 20,

22; 150:22; 151:8,

20, 23; 152:10, 16;

153:5, 12, 17, 20;

154:1, 3, 10, 22;

155:12, 14, 16-17;

159:18, 21; 160:13,

18; 161:1, 5, 15, 21;

162:2, 7, 22; 163:1,

9, 12

MS [22] - 9:23; 35:4;

61:4, 9; 62:1, 13, 23;

63:1, 20; 64:1;

107:11; 110:2;

117:21; 118:1;

160:23; 161:13, 18,

23; 162:4, 13; 163:3,

10

multi [5] - 19:25; 21:4;

23:17; 24:1; 25:14

multi-family [3] -

19:25; 21:4; 24:1

multi-story [1] - 23:17

multilevel [2] - 18:25;

109:4

multiple [1] - 25:15

municipal [3] -

127:11; 131:24;

163:13

municipal-owned [1]

- 131:24

municipalities [5] -

6:17; 46:17; 47:16;

48:11; 122:6

municipality [2] -

8:12; 52:25

must [2] - 20:4; 127:4

Nname [6] - 41:15;

79:8; 87:4; 154:15;

156:16

narrative [3] - 53:6;

82:12; 112:14

natural [1] - 46:1

nature [7] - 52:10;

79:19; 80:10; 82:2;

83:19; 84:23

near [18] - 27:15; 33:6;

34:18; 38:1; 56:14;

75:11; 90:7, 9; 91:4,

6; 102:24; 103:17;

109:1; 136:16;

139:6, 15; 140:8, 10

necessarily [1] -

128:25

necessary [4] - 77:5;

136:8; 139:16; 144:5

need [22] - 25:8;

43:22; 50:4; 69:9;

75:20; 82:22; 90:13;

96:11; 106:8; 107:7,

20; 121:22; 123:21;

141:1; 159:25;

160:4, 24; 161:2, 10;

162:16

needed [4] - 64:2;

114:16; 137:15;

138:13

needs [7] - 20:6; 72:7;

81:18; 86:8; 129:15;

135:16; 152:2

neighboring [3] -

47:1; 101:21; 156:6

net [2] - 53:3; 71:13

never [2] - 111:23;

156:12

new [8] - 5:1; 70:21;

85:9; 96:17; 107:16;

108:3; 136:20; 160:6

New [14] - 5:15, 18;

6:21; 7:2, 7; 8:12;

31:9; 32:4; 41:1;

48:1; 49:24; 69:12

next [8] - 81:24;

120:9, 17, 24; 121:6,

25; 135:8; 160:4

nice [1] - 15:22

NJAC [4] - 79:17;

11

80:1; 85:3; 126:4

NJDEP [5] - 85:15;

99:25; 128:9, 13

nobody [1] - 160:9

nominal [1] - 143:14

none [1] - 7:13

nonstructural [9] -

49:1; 71:16, 18;

79:12; 81:25; 82:4,

15, 17, 21

Nordhoff [1] - 87:15

normal [1] - 76:12

normally [1] - 157:18

north [18] - 10:10, 22;

11:4; 13:4, 6, 13, 21;

14:2, 17; 23:8;

58:14; 66:18; 74:7;

103:7; 135:2; 138:5

North [3] - 33:8;

100:24; 101:1

north-south [3] -

11:4; 13:21; 14:2

northeast [1] - 10:23

northeasterly [1] -

132:19

northern [3] - 92:12;

94:4; 109:3

northwest [2] - 11:13;

138:6

note [6] - 63:13;

64:16; 66:1; 124:16;

139:10; 145:7

noted [1] - 22:14

notes [1] - 145:19

nothing [2] - 37:2;

159:18

notice [18] - 8:20;

46:7, 13, 15, 25;

67:6; 76:9; 77:3;

78:21, 24; 79:2;

81:7; 83:17; 89:25;

91:25; 141:16, 25;

161:9

noticed [2] - 22:13;

57:7

notices [1] - 47:5

number [42] - 6:17;

18:22; 23:18, 24;

24:1, 11, 19, 24;

29:25; 35:19; 36:13;

39:23; 41:4; 45:17;

50:14; 59:20; 70:14;

72:9, 13; 82:9;

96:16; 107:5, 25;

109:17, 19; 110:8,

12; 115:21; 116:20;

118:4; 123:19, 25;

124:10; 134:6;

137:13; 143:15;

145:18; 147:6; 155:9

numbered [1] - 53:23

numbers [8] - 31:2;

42:20; 115:24;

116:20; 117:13;


118:7; 146:9

numerous [6] - 86:4;

156:14, 16; 159:14

Oo'clock [3] - 162:17,

24

object [3] - 78:1; 88:7;

153:9

objecting [2] - 149:4

objection [9] - 77:11;

78:5; 86:18; 122:25;

131:12; 148:25;

149:9, 11; 150:22

objections [2] - 47:16,

19

obstruction [2] -

27:24; 57:16

obtain [3] - 153:3;

155:18; 156:25

obtained [2] - 31:4;

35:24

obviously [1] - 156:1

occasions [1] - 119:7

occur [5] - 74:13;

89:17; 92:15; 134:5;

139:6

occurred [1] - 73:21

occurs [3] - 95:19;

96:14; 147:17

odd [1] - 11:11

offer [2] - 7:10, 17

offered [1] - 113:25

offering [1] - 114:8

office [14] - 10:16, 20,

25; 12:18; 13:15;

14:23; 32:24; 34:12,

25; 64:17; 65:2;

78:19; 159:3, 5

officer [2] - 119:22;

162:22

official [10] - 14:10;

24:18; 28:10; 30:15;

32:16; 42:4; 46:1;

68:11; 123:7; 131:17

officially [2] - 14:18,

20

offs [2] - 139:3;

140:11

often [1] - 55:3

old [4] - 56:13; 57:8,

13

older [1] - 117:10

once [6] - 55:14;

66:14, 17; 69:10;

158:17; 159:2

one [104] - 6:20; 11:1;

12:10; 13:20; 15:5;

16:20; 18:4; 19:8;

21:20; 22:2; 25:4,

12, 24; 26:2; 28:12;

30:21; 31:20; 35:18;

37:7, 12, 15, 25;

38:1, 12; 39:14;

41:14; 43:7; 44:22;

46:15, 17; 48:5, 7;

50:3, 12; 51:1;

55:14; 60:14; 66:13;

71:11; 72:7, 16-17,

20-21; 78:25; 80:4,

21, 23; 81:12, 19;

83:10, 20; 84:8;

85:11, 18, 22; 86:8,

11; 90:11; 92:3, 23;

99:6, 20-21; 100:8,

15, 17; 101:1, 4, 7;

108:25; 109:1;

116:3; 117:10;

118:10; 119:17;

121:6, 25; 122:18;

124:5; 125:9; 127:3,

5, 17, 21; 132:14,

22; 136:6, 8; 147:4;

148:3; 153:21;

154:25; 156:9

one's [1] - 28:22

one-hundred-year [1]

- 51:1

ones [1] - 90:5

ongoing [1] - 30:11

open [8] - 74:18, 22;

75:4; 82:8, 18;

103:22; 104:24;

128:3

opened [1] - 7:5

opinion [23] - 40:21;

72:23; 99:23; 100:3;

110:16, 22; 111:2, 5;

112:7; 113:19;

123:21; 127:6;

128:2; 137:23;

146:6; 148:7, 14, 16,

21; 149:24; 150:1, 4,

17

opinions [3] - 7:17;

113:21; 149:19

opportunities [3] -

134:18, 20; 135:6

opportunity [7] - 26:9;

134:7, 14; 139:9, 25;

140:6; 161:17

opposed [1] - 160:8

opposite [7] - 10:23;

16:21; 91:20; 96:9;

99:22; 130:13;

152:17

Orange [2] - 32:12;

95:3

orange [1] - 11:3

order [13] - 16:4; 59:8;

75:11; 90:12;

110:24; 111:1;

116:2; 134:17;

135:17; 148:17, 19;

153:21; 154:12

ordered [1] - 160:13

ordinance [9] -

104:13, 16; 107:2;

119:25; 120:13, 16;

121:8; 148:9, 12

Ordinance [2] - 20:1;

110:18

ordinary [1] - 26:24

ornamental [2] -

17:14; 102:19

ornamentals [1] -

102:23

otherwise [2] - 94:10;

160:6

outcome [1] - 101:12

outflow [5] - 15:16;

54:13-15; 146:15

output [1] - 53:11

outset [5] - 31:14;

34:10; 41:18; 57:7;

142:10

outside [5] - 26:25;

29:7; 68:23; 98:3;

120:16

overall [2] - 24:11;

94:12

overbroad [1] -

149:21

overflow [1] - 15:16

overnight [1] - 141:12

Overpeck [1] - 87:6

overruled [1] - 78:9

owe [2] - 83:7

own [2] - 7:5; 28:16

owned [1] - 131:24

owner [4] - 101:25;

154:6; 155:7; 156:7

owners [1] - 46:16

Pp.m [1] - 163:17

package [4] - 45:16;

63:22; 133:21;

144:13

page [21] - 13:7, 12,

14, 17, 20; 14:17;

16:10; 17:5; 29:4,

19; 31:22; 46:15;

47:8; 54:3; 79:15,

20; 88:24; 89:5;

118:5; 123:13

pages [2] - 46:24;

53:23

pair [1] - 97:16

papers [1] - 112:16

paragraph [4] - 125:2,

4, 15; 147:11

parallel [1] - 23:4

paraphrasing [1] -

132:20

parcel [1] - 16:22

Park [6] - 34:16,

18-19, 24-25; 35:2

park [2] - 27:1; 103:23

park-like [1] - 103:23

parking [90] - 10:17,

21; 11:12; 13:16;

15:2; 16:14, 19;

18:4, 7, 11, 15, 25;

19:1, 5; 21:17-19,

22; 22:23; 23:1, 6-7,

10, 13-14, 17, 20,

22; 24:2, 9-10, 13,

22; 26:2, 6; 27:5;

51:23; 56:6, 11, 21;

57:11, 19; 72:17;

73:18; 74:10; 80:21;

82:6, 18; 85:17;

87:12; 103:20;

105:7, 16-17, 19;

109:4; 110:11;

120:15, 25; 121:3, 7,

10; 122:4, 11, 14-15;

123:19, 24; 124:10,

16, 18, 20; 134:8;

140:8, 12, 14-15, 19;

143:10; 146:23, 25;

147:1

Parking [1] - 123:15

parklike [1] - 108:1

Parkway [7] - 33:14;

37:8, 11; 38:1;

39:15, 18

part [36] - 8:9; 17:6;

23:15; 42:23; 43:3;

44:13, 19; 45:25;

46:3, 13; 47:15, 23;

48:12; 52:23; 56:5;

59:13; 60:12; 61:22,

25; 62:3; 63:22;

64:7; 65:13, 18, 20;

76:2; 93:20; 94:11;

104:17; 111:18;

113:9; 143:19;

144:12; 145:3

partial [1] - 111:14

particular [1] - 136:2

particularly [2] - 72:3,

5

partner [2] - 7:6;

157:16

parts [3] - 115:1, 3, 5

pass [3] - 74:24;

91:12, 15

passed [1] - 81:4

past [7] - 23:7; 32:13;

33:12, 14; 66:22;

67:8; 112:8

path [2] - 29:6

patio [1] - 17:16

pause [2] - 21:22;

121:13

paved [1] - 12:20

peak [7] - 36:11;

50:16, 25; 51:6;

53:19; 54:6

peaking [2] - 36:10

Peckman [1] - 6:20

pending [2] - 83:16;

152:4

Pennsylvania [1] -

12

5:18

people [1] - 26:25

per [23] - 19:11; 20:1;

21:18; 24:3; 30:21;

31:1, 3; 32:1, 3;

39:24; 40:2, 5, 7;

54:21; 55:7, 15;

68:12; 122:13;

125:6, 8, 12

percent [24] - 20:16,

19; 24:22; 51:2-4, 7;

54:25; 55:8-11, 17;

66:3; 68:19; 93:1,

4-5, 7, 11

perform [1] - 148:22

performed [2] - 31:16;

69:25

perhaps [3] - 41:13;

76:19; 153:10

period [7] - 26:16;

35:18; 52:2; 113:8,

13; 128:4, 7

Permit [1] - 7:24

permit [44] - 8:10, 23;

22:4; 41:6, 10, 15;

43:1, 4; 44:20; 45:2,

6, 10, 13; 52:24;

61:15; 69:9, 14, 18,

21; 83:12; 85:5;

87:19; 88:4, 11, 18,

22; 89:5, 19; 113:13,

17; 135:15, 18-20;

136:1, 3, 12; 153:3;

155:19, 22; 157:1;

159:12

permits [10] - 8:18;

41:1, 4, 13; 47:11;

111:4, 7; 136:5, 11;

144:5

permitted [11] - 20:16;

47:16, 18; 69:2, 4, 6;

73:12; 150:6, 19;

152:25; 153:4

permitting [1] - 86:23

perpendicular [2] -

23:5, 11

person [1] - 35:25

personally [2] -

136:25; 156:19

pertains [1] - 81:14

Peter [5] - 47:3, 8;

154:3, 10, 18

phone [8] - 77:7, 10,

16, 18; 80:18;

116:24; 155:10;

156:17

phoned [1] - 78:18

phonetic [1] - 35:25

photograph [3] - 10:5,

12; 11:10

photographs [2] -

106:16

physically [4] - 19:7;

52:6; 74:14; 137:5


pick [5] - 139:3, 5, 21;

143:7; 161:11

pick-up [2] - 139:5, 21

pick-ups [1] - 139:3

picked [2] - 44:22;

83:13

picking [1] - 139:17

picture [4] - 28:20;

67:17, 19; 68:15

pile [1] - 108:13

pinches [1] - 22:8

pinpoint [1] - 76:5

pipe [21] - 15:14; 37:1,

3, 9, 13, 20, 22;

38:11, 24; 39:15;

57:18; 96:24; 97:6,

9, 11; 130:25; 131:2,

8; 136:20; 144:3

pipes [31] - 32:20;

35:10; 36:16, 18, 24;

37:6, 25; 38:9, 12,

16, 18, 20; 39:2, 9,

11, 14; 40:14, 17;

56:23; 57:1, 17-18;

127:19; 131:23;

137:5, 12; 146:15

piping [1] - 131:4

pitch [1] - 97:6

Place [1] - 87:15

place [5] - 26:13;

74:5; 84:7; 140:11;

142:17

placed [1] - 35:13

plain [12] - 6:4; 41:11;

65:14, 17-18, 24;

66:12; 68:11; 69:1;

95:25; 129:20

Plan [7] - 7:23; 12:15;

16:2; 29:21; 51:20;

90:23; 120:21

plan [48] - 8:3, 11;

12:8, 18; 16:2, 18;

21:20; 22:7, 10, 12,

14; 25:19, 23; 29:19;

43:23; 44:12; 47:25;

49:25; 53:1; 60:16,

20, 22; 61:22, 25;

62:3; 81:23; 83:22;

94:17; 99:2; 102:6;

104:10, 19; 107:12;

108:22; 118:19;

120:19; 122:13;

131:1, 3, 6; 133:21;

134:19; 139:17;

140:1; 142:3;

144:12, 14

planning [4] - 6:25;

50:1, 3; 151:25

plans [21] - 6:16; 7:19,

22; 42:16; 45:17;

47:24; 60:13; 78:6;

87:1; 90:4; 110:10;

120:10; 123:20;

131:18, 20; 141:17;

144:11, 24; 145:10

plant [6] - 107:3, 10,

23; 108:3, 9, 17

planting [2] - 103:1;

107:16

plantings [2] - 102:18;

103:5

plenty [1] - 109:10

plotted [1] - 83:24

plus [2] - 68:19; 93:3

podium [7] - 18:3, 15,

17; 21:1; 23:15;

140:20

podium-style [1] -

18:3

point [39] - 10:18;

14:15; 21:25; 25:9;

34:13; 44:22; 57:5;

66:13, 23; 68:14;

72:20; 75:1, 17;

77:3; 80:4; 81:12,

19; 85:21; 92:19;

94:13; 97:18, 23;

98:19; 99:16; 112:9;

118:6; 125:3;

127:17, 21; 130:18;

138:4, 8; 139:20;

141:5; 145:24; 147:4

pointed [3] - 119:24;

120:1

pointing [3] - 51:16,

19

points [4] - 9:14;

128:25; 138:7; 143:5

police [1] - 25:25

policy [1] - 49:25

ponded [1] - 67:10

ponding [2] - 59:2, 10

pool [2] - 17:15, 17

portion [4] - 29:2;

81:3; 90:6; 122:10

position [6] - 111:24;

128:13; 132:12, 19;

139:2; 147:6

possibility [1] - 127:1

possible [2] - 86:10;

126:16

Post [1] - 36:21

potable [1] - 30:9

potential [4] - 100:22;

125:13; 126:2;

150:10

potentially [2] - 38:22;

134:4

pounds [1] - 31:1

practice [1] - 134:24

practices [3] - 49:2;

71:19; 82:5

practicing [1] - 5:19

pre [3] - 8:25; 9:22;

46:10

pre-marked [3] - 8:25;

9:22; 46:10

precluded [1] - 27:7

preface [2] - 60:17;

151:17

prejudice [1] - 154:12

Preliminary [1] - 7:22

prepare [3] - 8:7;

44:11; 119:5

prepared [13] - 7:19,

21; 8:13, 15, 17;

34:9-11; 87:1;

133:22; 144:13

present [1] - 57:20

preservation [1] -

82:18

preserve [1] - 82:8

preserving [2] -

105:1; 106:1

pressure [5] - 30:19,

22; 31:2; 32:19;

38:17

pretty [7] - 15:22;

35:18; 44:24; 54:20;

106:24; 138:16

prevented [2] -

150:21, 23

prevention [2] -

143:22; 147:13

previously [1] - 74:1

primarily [3] - 7:8;

44:2; 105:14

Princeton [2] - 8:16;

42:11

private [3] - 7:8;

101:18, 24

problem [7] - 39:16;

40:13; 80:10;

108:16; 153:15, 23,

25

problems [3] - 39:7;

117:9

procedure [1] - 130:9

proceed [5] - 92:4;

122:9; 128:16;

135:8; 152:25

proceeding [1] -

152:1

proceedings [2] -

7:25; 137:21

Proceedings [1] -

163:17

process [10] - 47:10,

13, 15, 23; 112:9;

113:9, 17; 157:6;

158:18

processing [1] -

158:4

procure [1] - 144:5

procured [1] - 113:13

produce [1] - 55:16

produced [6] - 49:24;

53:9; 121:20; 122:2;

133:13; 145:14

produces [1] - 55:15

product [1] - 52:11

profession [2] - 5:13,

20

professional [4] -

5:14, 17; 111:5;

112:7

professionals [3] -

9:8; 119:3, 17

profile [12] - 90:18;

92:9, 11-14, 22, 24;

98:20; 99:7

Profile [1] - 90:23

profiles [1] - 92:23

Profiles [1] - 91:1

program [1] - 43:8

Program [1] - 47:7

Project [1] - 87:25

project [54] - 7:20;

10:4; 15:22; 19:15;

23:22; 27:13; 29:16;

31:10, 15; 32:13;

33:3; 34:1, 10; 38:7;

39:21; 40:25; 41:19;

42:12; 43:15, 17-18;

57:8; 69:15; 86:15;

87:19, 21, 23; 88:2,

6, 19, 23; 94:3, 5,

14; 102:3; 110:16;

111:3; 134:25;

150:5, 8, 18; 151:9,

15; 152:23; 153:1, 4;

155:2, 6; 156:2;

157:1, 20; 158:16;

159:12

projected [1] - 36:9

projects [3] - 71:21;

159:15

prominent [4] - 11:9;

13:20; 16:12; 55:21

promised [1] - 148:13

promising [1] - 101:7

proof [2] - 149:14

proofs [2] - 112:14

proper [1] - 92:15

properties [7] - 94:22;

95:11, 13; 97:25;

98:2, 6, 10

property [52] - 10:25;

11:2, 6, 9; 12:16, 23;

14:22, 24; 15:9,

12-13; 17:4, 10;

22:9; 23:2; 32:25;

33:9; 46:16; 51:15;

70:16; 71:10; 89:8,

11, 15; 94:10, 25;

96:9; 99:21; 100:25;

101:10, 18, 21, 24;

103:5, 8, 12; 104:17;

106:4, 8, 12, 25;

107:3; 122:11;

129:17; 130:13;

150:9; 154:6; 156:7

proposal [1] - 96:8

propose [8] - 20:14;

30:2, 4; 49:6; 69:10;

70:18, 20; 107:24

13

proposed [55] - 7:20;

10:4; 15:22; 16:3,

7-8, 14, 18; 19:24;

20:3; 33:6, 16;

36:20; 37:16; 50:18;

51:13, 23; 53:12;

54:7, 9; 55:16;

56:19; 73:9, 16;

81:5; 94:15; 99:24;

102:12; 103:9, 14;

111:6; 115:19, 23;

116:14; 117:15, 17;

118:8; 120:11, 21;

122:13, 15, 17;

133:4; 134:11;

136:16; 138:5;

139:4, 6, 15; 140:3;

144:7; 146:5; 148:23

proposes [1] - 48:7

proposing [12] - 20:9,

19; 21:5, 7, 15, 20;

52:10; 90:8; 99:19;

106:5; 107:10;

126:17

Protection [3] - 41:2;

42:10; 44:17

provide [35] - 24:24;

25:7; 26:5, 8, 14;

30:9; 32:9, 18;

33:19; 59:24; 69:5;

72:20; 73:3, 13;

75:21; 82:22; 83:24;

94:18; 95:7; 103:9;

109:16; 110:11;

120:19; 125:3;

133:20; 137:14;

139:12; 140:1;

141:3; 142:23;

143:13, 15; 144:18;

145:4; 156:8

provided [31] - 27:14;

28:15; 29:9, 12;

30:18, 21; 32:6, 22;

33:15; 35:23; 37:19;

61:21; 62:2, 21;

66:16; 71:1; 74:23;

77:2; 90:5; 96:16;

122:22; 123:20;

124:8; 125:6, 10;

126:10; 127:4;

141:6; 143:17

provides [3] - 33:21;

96:8; 141:4

providing [8] - 73:20;

89:6, 8; 93:25; 94:2;

95:8; 123:22; 124:13

provision [4] - 25:19;

109:13, 15; 111:14

psi [5] - 30:19, 22,

24-25; 32:4

public [17] - 8:20;

29:17; 33:21; 46:7,

12; 47:18; 50:6;

85:6; 87:17; 112:25;


113:25; 114:11;

156:4; 157:12;

159:24

published [1] - 161:9

pull [1] - 18:7

punchy [1] - 162:23

purchase [1] - 28:17

purpose [1] - 131:8

purposes [3] - 38:4;

50:1; 100:23

pursue [1] - 101:14

push [2] - 132:21;

133:8

pushed [1] - 38:20

pushes [1] - 38:23

put [12] - 44:12; 64:4,

19; 72:15, 17; 102:4;

116:11; 136:18;

138:20; 152:11;

154:16; 161:15

puts [1] - 48:8

putting [1] - 94:10

Qquality [7] - 48:25;

49:7, 10, 14, 16, 18

quantified [1] -

102:23

quantities [1] - 63:12

quantity [6] - 48:25;

50:10, 12; 52:16;

53:17; 70:9

quarter [4] - 48:6;

49:13; 92:3; 160:5

question's [1] -

149:21

questions [5] -

147:11; 153:6;

155:13; 159:22, 25

quicker [1] - 40:18

quickly [2] - 86:10;

101:3

quite [6] - 55:3; 101:1;

105:2, 8; 129:9;

132:17

Rrack [3] - 109:7, 12;

110:1

racks [7] - 108:23;

109:5, 16, 25; 123:3

radii [3] - 29:8, 11;

126:22

radius [2] - 126:17, 21

Rahway [6] - 6:19;

13:25; 14:4, 18, 20;

115:13

Railway [1] - 110:17

railway [1] - 148:9

rainfall [3] - 35:20;

59:5; 147:16

rainwater [1] - 56:21

raise [5] - 91:3; 100:7;

132:23; 154:16

raised [4] - 9:14;

99:15, 18; 111:12

raises [1] - 133:9

raising [3] - 90:8;

92:5; 157:12

range [2] - 38:15;

106:20

rap [1] - 143:16

rate [7] - 50:10, 16,

25; 51:6; 52:3;

53:20; 59:2

rates [4] - 36:9; 50:5;

54:6

rather [2] - 131:9;

152:11

ratio [1] - 107:7

Raymond [1] - 42:11

reach [2] - 66:12;

83:23

reached [2] - 66:14,

17

read [4] - 84:25; 85:1;

88:25; 129:10

reading [1] - 144:21

reads [1] - 85:4

real [3] - 101:5;

135:13; 138:2

realize [1] - 63:5

really [56] - 11:22;

12:17; 14:8; 22:1;

31:14; 32:19; 34:15;

36:24; 39:10; 40:11;

48:20; 51:3; 53:20;

54:24; 55:9; 56:24;

64:9; 65:19; 66:24;

67:3, 7-8; 92:5; 95:5,

18; 100:22; 101:6;

105:3, 9, 18; 107:24;

108:6; 109:8; 112:2;

115:6; 116:2;

118:15; 124:21;

125:18; 129:15;

130:1, 15; 131:8, 11;

132:3; 133:7;

139:16; 144:11;

145:11

rear [12] - 10:17;

11:25; 12:4; 13:16;

15:13; 21:9, 13;

26:9; 53:10; 105:21;

134:11

rearing [1] - 151:1

reason [12] - 43:22;

49:23; 77:24; 95:16;

101:8; 105:10;

107:22; 108:17;

129:17; 132:25;

138:22

reasons [2] - 107:25;

108:8

receded [1] - 73:23

receive [6] - 78:20,

24; 119:2; 123:6;

124:23; 127:8

received [5] - 9:7;

28:9; 57:6; 76:9;

77:7

receiving [1] - 80:14

recently [2] - 25:23;

41:13

recess [5] - 84:10;

148:1; 151:20;

152:21

recharge [2] - 49:20,

22

recollection [1] -

159:9

recommendations [1]

- 109:9

recommended [1] -

155:19

reconstruct [1] - 85:6

record [4] - 56:1;

61:20; 84:12; 163:16

rectangle [2] - 10:16;

15:3

recuperate [1] -

151:21

red [2] - 17:16; 103:14

reduce [9] - 49:15;

50:25; 51:3, 8;

55:10; 82:6; 93:22;

132:23

reduced [1] - 55:11

reducing [2] - 54:24;

55:6

reduction [4] - 54:25;

55:9, 17; 124:19

reduction's [1] -

54:20

reductions [2] - 54:17

refer [18] - 13:5; 18:2;

29:19; 53:4, 19;

60:13; 80:2; 88:24;

90:21, 24; 92:22;

102:8, 18; 127:2, 25;

129:2

referred [20] - 6:7;

14:7, 19; 38:22;

44:4; 48:2; 51:5;

59:17; 65:19; 66:4,

20; 71:13; 72:12;

73:8, 15; 76:3; 87:2;

93:7; 117:11

referring [13] - 29:1;

38:13; 60:21; 61:20;

63:4; 65:25; 73:7;

74:8; 120:12;

127:18, 25; 128:5

refers [2] - 80:3; 128:6

refine [1] - 149:22

reflected [1] - 142:2

regard [6] - 7:17;

23:25; 62:24; 82:1;

131:13; 147:12

regarding [15] - 22:4;

24:19; 42:1; 77:8;

78:25; 79:11, 14;

82:15, 22; 123:3;

124:8; 137:19;

142:23; 144:20, 24

region [1] - 7:3

regrade [3] - 148:23;

150:18; 152:24

regraded [2] - 90:6;

91:22

regular [1] - 124:17

regularly [1] - 141:25

regulation [10] - 43:7;

80:7, 16; 84:18, 23,

25; 85:1; 156:3;

157:25

Regulation [1] - 47:7

Regulations [1] -

127:3

regulations [27] -

43:5; 44:9; 46:20;

47:22; 48:14; 49:14;

56:16; 59:23; 68:5;

71:12; 72:3, 5; 73:8,

10; 74:16; 78:11, 15,

17; 81:1, 18; 83:6;

85:4; 86:7; 100:11;

158:25

regulatory [1] - 127:5

Reilly [3] - 77:19;

78:10

reiterate [1] - 137:25

reiteration [1] - 132:7

relate [2] - 123:11;

145:11

relates [7] - 17:25;

124:12; 135:10;

136:6; 139:3; 157:7;

158:18

relating [1] - 156:3

relationship [1] -

154:23

relatively [2] - 11:18,

25

released [1] - 52:3

relevance [2] - 78:6;

86:18

relevant [3] - 88:12;

89:19; 108:19

rely [1] - 38:16

remain [8] - 17:4, 8;

102:14; 105:14,

23-24; 142:1

remained [1] - 142:6

remains [1] - 133:5

remedied [1] - 22:11

remedy [3] - 90:1;

100:4; 125:13

remember [5] - 72:13;

96:24; 117:6; 129:5;

157:5

removal [2] - 107:13;

133:19

remove [2] - 131:2, 9

removed [3] - 103:21;

14

131:1, 12

repeat [2] - 77:15;

155:23

replace [2] - 99:19;

107:8

replaced [1] - 107:20

replacement [5] -

104:13, 15; 107:2, 7;

123:5

report [30] - 8:7,

18-20, 22; 31:9, 20;

52:22; 53:1, 5; 60:4,

8, 10, 18; 61:11;

62:14, 19, 21; 63:4,

6; 64:8, 11; 76:3, 20;

114:25; 118:13;

127:23; 145:21

reporter [1] - 116:22

reports [7] - 8:14,

16-17; 45:17; 77:4;

119:2, 6

represent [1] - 84:17

representatives [1] -

158:8

request [14] - 78:15;

79:2, 17; 80:16;

83:19; 111:13;

112:10, 19; 132:9;

138:25; 141:18;

156:23; 160:7

requested [12] -

28:14; 30:15; 31:16;

32:15; 78:18; 79:13;

83:25; 106:14;

123:23; 136:17;

143:4; 144:7

requesting [5] -

79:18; 108:18;

110:4; 156:1

requests [4] - 83:17;

131:22; 136:22;

143:21

require [8] - 40:25;

41:3, 9, 12; 77:21;

122:6; 124:2

required [39] - 8:11;

19:10; 20:2, 9, 14;

23:21, 24; 24:1, 12,

16, 22, 25; 25:2, 5;

32:9; 41:7; 45:3, 23,

25; 46:16; 47:5;

48:12, 16; 50:7;

55:10, 18; 64:9;

72:15, 17, 19; 79:23;

109:16; 111:4;

122:12; 124:14, 19;

126:7; 143:22;

145:16

Required [1] - 123:14

requirement [4] -

119:25; 133:4;

142:15; 143:24

requirements [6] -

85:7; 120:14; 145:2,


5, 8; 158:14

requires [4] - 59:23;

74:21; 80:4; 121:9

rerun [1] - 40:4

reservoir [1] - 50:6

residence [1] - 20:1

residences [1] - 11:14

resident [1] - 150:2

residential [25] - 16:9;

18:3, 9, 23; 19:6;

21:14, 18; 23:24;

24:3; 28:6; 33:10;

40:3; 48:13; 72:4,

17; 81:15; 121:14,

17-18, 22; 122:1, 4

Residential [3] -

121:11, 20; 126:5

residents [5] - 138:3;

148:22; 149:2, 6, 25

resolve [1] - 130:20

resolved [1] - 133:17

resource [1] - 135:13

respect [6] - 152:3;

156:22; 157:19, 25;

158:15; 159:11

respond [1] - 114:17

responded [2] - 77:2;

119:18

response [29] - 9:7;

89:24; 112:11;

119:6, 21; 120:6, 11,

19; 121:1, 9; 124:1,

3; 125:17; 126:3;

127:24; 128:21;

129:1, 8; 131:14;

132:16; 133:14;

137:20; 138:22;

139:4; 144:4; 145:2;

160:1

responses [3] - 125:3;

148:7, 15

responsibilities [2] -

159:16

responsible [1] -

89:14

rest [3] - 29:3; 63:20;

72:4

restricted [2] - 74:25;

141:14

restriction [1] - 58:23

restrictions [1] -

73:11

resubmission [4] -

76:17; 77:8; 79:1;

113:16

resubmit [1] - 61:14

resubmitted [5] -

61:13; 77:5; 146:2;

147:19

result [2] - 89:16;

133:11

results [3] - 32:5;

37:24; 128:19

retaining [6] - 71:16;

75:9, 11, 15, 22, 24

return [2] - 155:10;

156:17

returned [1] - 103:21

review [12] - 43:4;

45:13, 19; 57:6;

76:12; 102:9; 113:9,

15; 128:10; 131:17;

138:12

reviewed [2] - 145:25;

147:18

reviews [1] - 6:15

revised [11] - 48:15;

60:22; 61:5, 8;

62:18, 21; 77:4;

115:1, 5, 16

revision [4] - 22:21;

60:18; 63:10, 13

revisions [5] - 22:3;

62:4, 21; 63:7, 21

Rick [2] - 77:19; 80:18

rip [1] - 143:16

rip-rap [1] - 143:16

rise [1] - 59:6

rises [1] - 66:13

risk [1] - 89:15

river [4] - 6:18; 68:20;

69:1; 71:7

River [8] - 6:19-21;

13:25; 14:4, 18, 20;

115:13

riverfront [1] - 111:25

Riverfront [4] - 87:24;

88:18

road [26] - 75:19;

86:12; 87:13; 91:13,

17; 92:1, 9; 93:6,

19-20, 23-24; 97:6;

98:1; 100:8; 101:4;

111:12; 115:25;

126:2; 148:22;

150:5, 18; 152:24;

158:15

roadway [12] - 85:11;

89:10; 90:3; 92:10,

16; 95:4; 96:5;

101:14; 111:24;

156:4; 157:12; 158:1

roadways [3] - 87:8,

11; 89:5

Rochelle [3] - 34:18,

24

rooftop [1] - 82:19

room [3] - 108:4;

109:10; 114:11

Roselle [8] - 34:16-18,

20-21, 25; 35:2

rounds [1] - 25:1

routed [1] - 54:11

routine [1] - 136:12

routinely [1] - 136:11

routing [1] - 54:10

row [1] - 103:8

RSIS [2] - 23:23;

122:25

rule [13] - 48:3, 10,

17, 24; 49:4, 10;

50:2, 14; 52:5;

128:6; 145:16

Rules [1] - 127:3

rules [7] - 44:8; 48:22;

51:6; 69:12; 71:3;

73:13; 150:15

run [25] - 33:16;

35:12; 36:25; 49:7;

50:10, 17, 19, 21,

25; 52:17; 53:17, 20;

54:6-8, 25; 59:2, 6;

66:15; 82:11; 96:12;

137:8

run-off [15] - 49:7;

50:10, 17, 21, 25;

52:17; 53:17, 20;

54:6, 25; 59:2, 6

running [6] - 10:13;

11:6, 13; 13:3;

14:17; 97:14

runs [15] - 11:3;

13:21; 14:2, 21, 25;

15:9; 29:22; 32:24;

37:7; 44:25; 74:7;

97:10; 98:16; 106:4

rushing [1] - 67:8

rusted [2] - 57:8, 14

Rutgers [1] - 5:25

Ssafety [3] - 66:3;

89:15; 108:8

sanitary [29] - 9:1;

32:21, 23; 33:7, 11,

15-16, 19, 22; 34:11,

14; 35:8, 15, 23;

39:17; 41:6; 44:23;

45:9; 131:23;

135:10, 17; 136:15,

23; 137:16, 20;

142:24; 143:1;

144:20

sanity [1] - 35:16

satisfied [1] - 85:7

satisfy [3] - 49:6;

99:24; 128:9

save [1] - 123:17

scale [3] - 98:21; 99:6

scattered [2] - 103:25;

105:18

schedule [3] - 107:16,

18; 113:10

School [4] - 33:12;

37:13; 38:2

scope [1] - 149:23

second [11] - 31:22;

46:23; 54:21; 55:7,

15; 78:24; 83:21;

111:18; 115:12;

125:15, 22

Section [6] - 76:4;

121:11; 123:10, 14;

124:3; 126:4

section [38] - 53:5,

10, 24; 60:7; 74:6;

78:14; 79:22, 24-25;

80:3; 81:14; 83:21;

100:10; 115:9, 12,

15, 18; 116:7; 117:1,

6, 22, 24-25; 118:15,

21, 23; 120:2, 9, 17,

24; 122:10; 132:23;

133:7; 138:9

sections [12] - 53:2;

78:10, 13; 81:19;

83:23; 93:8, 25;

115:7; 118:11;

119:25; 123:11

sector [1] - 159:24

secure [5] - 111:4, 6;

136:10; 154:5; 155:4

secured [2] - 41:16;

87:18

securing [2] - 89:22;

112:1

sediment [1] - 138:11

see [35] - 10:20;

12:19; 13:12, 15, 17;

15:23; 16:10; 17:14;

28:23; 29:5; 31:12;

34:21; 36:11; 40:11;

51:16; 54:16; 59:1;

64:5, 16; 74:9; 75:3;

82:10; 95:24; 98:4,

9; 103:13; 104:20;

129:21; 130:1;

133:10; 134:14;

136:25; 140:9

seeing [2] - 118:4, 9

seeking [1] - 152:18

seem [1] - 112:8

select [1] - 146:9

selected [1] - 146:11

sending [1] - 112:23

sent [2] - 46:16;

161:10

separate [3] - 19:9;

94:9, 11

separates [1] - 14:22

separating [1] - 40:19

series [6] - 7:21;

23:10; 52:13; 61:6;

65:22

serve [1] - 30:6

served [2] - 29:17;

85:10

service [7] - 30:6, 10,

17; 31:11, 13; 32:22;

34:1

services [1] - 31:13

set [19] - 19:17, 19;

20:8, 11, 13; 22:6;

29:19; 42:18; 60:13,

23-24; 61:11; 63:13;

64:7, 11; 74:8;

15

120:25; 123:6

setback [1] - 22:12

seven [1] - 155:8

sewage [2] - 33:19;

39:17

sewer [32] - 9:1;

32:22, 24; 33:7, 11,

15-16, 22; 34:11, 14;

35:8, 23; 36:2-4;

37:19; 41:6; 44:23;

45:9; 97:11; 99:7;

131:6; 135:10, 17;

136:16; 137:17, 20;

142:24; 143:1;

144:3, 20

Sewer [1] - 90:23

sewers [9] - 35:15;

96:8, 11; 97:16, 21;

131:23; 136:23

shade [7] - 17:15;

74:11; 102:21, 23;

141:20; 142:5, 7

shade-tolerant [1] -

142:5

shall [9] - 85:5; 88:25;

89:3, 14; 121:7;

122:4; 124:6; 126:7;

130:22

shaped [2] - 11:11;

16:11

share [1] - 19:6

shares [1] - 19:7

sheer [1] - 143:12

Sheet [1] - 16:2

sheet [20] - 12:7, 9,

13-14; 16:2; 51:17,

19; 57:12; 58:20;

65:10; 70:19; 74:8;

90:21; 92:6; 99:8;

120:20; 121:2;

127:18

short [1] - 26:16

shortest [1] - 121:2

shortly [1] - 77:6

show [38] - 8:24; 9:3,

9; 12:21; 22:23;

25:11; 31:6, 20-21;

42:5; 46:9; 50:15,

19; 52:19; 61:16;

64:12; 73:25; 74:4;

79:4; 84:16; 86:21;

88:11, 15; 92:6, 8;

98:13, 16; 106:17;

108:22, 24; 109:1;

120:4; 127:23;

131:6; 145:17

showed [3] - 31:25;

32:3; 130:25

showing [10] - 21:10;

22:7; 23:15; 30:12;

50:20; 54:1, 5;

83:22; 98:25; 125:11

shown [16] - 10:15;

12:13; 15:1; 16:9;


17:16; 18:19; 25:13;

42:15, 17; 74:11;

89:4; 104:9; 107:12;

122:15; 131:10

shows [22] - 13:8;

22:12; 29:10; 30:19;

44:12; 57:12; 63:6,

11; 68:25; 74:12;

90:18; 92:10-13;

99:3, 5, 7-8; 120:21;

126:12, 24

side [47] - 10:23; 11:3,

8; 13:13; 14:17;

15:17; 16:10, 12, 23;

19:3; 20:13; 21:24;

23:9; 26:11; 28:14;

29:24; 32:14; 33:3;

57:10, 12; 58:14, 22;

65:16; 68:24; 75:16;

92:23; 96:9, 14;

97:13; 99:22;

100:25; 103:2, 4, 7;

126:1, 19; 129:17;

130:13; 134:14, 17,

23; 135:2

sidewalk [2] - 26:12;

99:17

sidewalks [1] - 99:14

signage [4] - 120:11,

13

signed [3] - 47:3, 8

significance [2] -

38:3; 121:16

significant [12] -

54:20; 55:2, 20;

105:13, 23; 108:15;

130:2; 134:10, 22;

135:7, 25; 137:19

significantly [7] -

92:2; 113:19;

116:20; 129:19;

130:14; 132:4; 133:3

signs [2] - 120:14

silence [1] - 116:24

silt [1] - 142:12

similar [1] - 78:16

simple [1] - 135:23

single [3] - 11:4, 7, 14

sirens [1] - 151:5

sit [1] - 151:21

Site [5] - 7:23; 16:1;

121:11, 21; 126:5

site [139] - 8:11;

10:13, 15, 22, 24;

12:8, 13, 21; 13:9;

14:13; 16:2, 4, 7, 13,

18, 21, 23; 17:2, 6,

8; 18:5, 7; 19:24;

22:24; 23:1, 6, 8;

24:4; 25:11, 17;

27:6, 16-17, 20, 23;

28:6; 29:1, 3, 19, 23;

30:1; 31:24; 32:13,

17, 22; 33:6; 35:8;

41:9, 20; 42:23;

44:1, 5; 48:13;

50:18, 21; 51:9, 11;

54:14, 16, 22; 55:15;

56:13, 17, 23, 25;

58:3, 16, 24; 59:11;

60:16; 61:22, 25;

62:3; 70:7, 20;

72:14, 20; 75:8, 14;

80:5, 7; 82:16;

86:10, 20, 22; 87:7,

11, 17; 89:16; 90:9;

91:4, 12; 94:2; 95:9;

96:14; 97:14; 102:5,

17, 24; 103:24;

104:1, 24; 105:14,

25; 106:2, 4, 15;

108:3, 5, 7; 116:16;

118:19; 120:25;

121:7, 14, 17; 122:5,

16; 125:25; 126:14;

130:15; 134:6;

135:5-7; 138:6;

139:4, 7, 13; 141:21,

23-24; 144:12;

148:10; 156:16

sites [2] - 82:3; 86:9

situation [3] - 81:21;

96:19; 125:14

situations [1] - 59:20

six [8] - 6:23; 7:4;

23:4; 75:3; 99:15;

113:5, 13; 155:8

six-inch [1] - 99:15

size [9] - 27:8; 32:12,

16; 36:3; 73:11;

107:6; 125:16;

138:14; 142:7

sized [1] - 59:8

skewed [1] - 13:4

sliding [1] - 22:11

slight [7] - 45:5; 90:8;

91:3; 110:20; 116:5,

19; 133:11

slightly [13] - 13:4;

25:5; 29:14; 49:15;

75:19; 93:12, 24;

101:1; 112:13;

116:1; 118:4, 9;

125:9

slope [11] - 11:22;

37:4, 23; 91:10, 13,

18; 92:14; 93:6, 11

slopes [1] - 12:4

sloping [1] - 11:24

slow [1] - 40:15

small [14] - 10:25;

18:10; 20:2; 23:7;

26:20; 31:22; 44:23;

56:22; 75:10, 15, 22;

81:3; 90:6; 122:14

smaller [5] - 27:4, 9;

105:18; 109:19;

134:7

snow [14] - 133:19,

21; 134:1, 4, 7, 10,

13-14, 16, 18, 21;

135:3

snowstorm [2] -

135:4, 6

soil [5] - 138:11;

142:14, 17, 19;

143:19

solid [2] - 13:20;

120:5

solids [1] - 40:20

someone [5] - 26:14;

78:3; 140:18;

158:12; 160:9

sometimes [1] - 67:11

somewhat [5] - 12:5;

32:5; 47:2; 56:22;

141:14

somewhere [1] - 12:3

soon [2] - 60:20; 86:9

sorry [24] - 15:4;

26:10; 31:1; 33:13;

35:6; 37:5; 46:14;

59:4; 60:24; 61:19;

62:11; 77:14; 79:25;

88:5; 90:22; 98:19;

102:7; 105:20;

124:17; 144:20;

151:3, 9, 18; 157:9

sort [2] - 19:14; 92:19

sought [1] - 123:4

sound [1] - 147:20

source [2] - 58:8

south [25] - 10:12;

11:4; 13:10, 21;

14:2, 17; 15:1, 17;

23:8; 33:3, 6; 42:22;

57:10; 58:15; 66:18;

74:7; 75:15; 100:25;

103:2-4; 126:1, 19;

139:25

South [3] - 87:3, 14;

88:20

southbound [1] - 23:3

southeasterly [1] -

33:1

southeastern [1] -

42:23

southerly [3] - 33:8,

17; 58:13

southern [7] - 28:13;

29:2; 75:14; 92:11;

94:5; 106:25; 122:11

southwest [4] - 11:2;

13:9; 44:5; 45:4

space [17] - 24:3;

26:1, 3, 5-6, 13-15;

27:11; 35:14; 73:9,

11, 15; 75:3; 134:15

spaced [1] - 122:22

Spaces [1] - 123:15

spaces [40] - 21:18;

23:4-6, 10, 13-14,

16, 19-20, 25; 24:2,

16, 22, 24; 25:1, 3-4,

10, 13, 16; 110:2, 9,

13; 121:7; 123:1, 19,

22, 24-25; 124:3, 6,

10, 15-16, 18

specialize [1] - 7:7

specialized [2] - 6:1,

22

species [10] - 45:22,

24; 102:9, 22; 104:8;

141:18; 142:3

specific [3] - 24:10;

51:10; 144:24

specifically [11] -

8:18; 17:8; 28:13;

35:10; 56:13, 25;

59:11; 78:2; 108:16;

123:9; 135:2

specifications [1] -

142:23

specifics [1] - 58:12

spell [1] - 154:15

spending [1] - 132:11

spent [1] - 13:23

spirit [2] - 81:11, 17

spot [2] - 55:24;

142:18

square [3] - 31:1;

121:8

squeezing [1] - 66:12

stability [1] - 75:24

staff [1] - 158:12

stand [3] - 26:16;

134:3; 146:10

standard [27] - 24:9;

27:23; 30:19, 22;

32:4; 41:23; 42:21;

46:24; 49:19, 21-22;

50:8, 10-11, 20,

22-24; 55:18;

121:23; 122:3;

124:18; 127:7;

131:25; 138:16

Standards [3] -

121:11, 21; 126:5

standards [26] -

19:14; 21:16; 24:5;

28:6; 47:24; 48:13,

19, 21; 49:7; 51:12;

52:4; 68:12; 69:20;

71:20, 22; 72:24;

93:17; 96:15; 99:25;

109:13; 121:14, 17;

122:6

standing [1] - 157:23

stands [1] - 60:10

start [10] - 18:1;

22:25; 23:8; 31:10;

66:24; 123:14;

134:16; 153:10;

160:6

started [2] - 6:3; 39:6

starting [1] - 99:16

16

starts [3] - 59:6;

91:15, 17

state [22] - 44:14;

45:4; 49:25; 53:9;

59:17; 61:13; 62:20;

63:1, 5, 18, 21;

66:17; 71:3; 72:3;

73:13; 81:1; 111:22;

128:3; 129:12;

154:15

State [9] - 5:15; 37:8,

10; 39:14, 17; 48:1;

49:24; 69:12; 89:14

statement [5] - 79:18;

85:8; 89:1, 3; 131:16

statements [1] - 123:2

states [1] - 49:11

station [2] - 93:2;

99:10

status [1] - 158:20

stays [1] - 93:9

steep [1] - 129:19

stem [1] - 57:9

stems [1] - 147:3

step [1] - 160:3

steps [1] - 89:25

Steve [7] - 8:2; 55:23;

67:21; 83:9; 111:18;

133:24; 151:3

sticks [1] - 57:9

still [7] - 16:1; 62:13;

94:6; 103:23; 123:1;

134:13; 162:20

stilts [1] - 74:19

stockpile [2] - 142:17,

19

stone [3] - 75:5, 7;

104:5

stop [3] - 84:7; 116:8;

120:14

stopped [2] - 157:6;

158:19

stops [1] - 97:18

storage [54] - 60:7,

11; 63:12; 67:9, 15;

70:7, 10-11, 15, 18;

71:2, 5-6, 9; 73:3,

13, 16, 20; 74:5;

75:20; 93:22; 94:3,

6, 8-9, 12, 15, 18-19;

95:5, 8, 19; 110:11;

115:17, 25; 116:6,

10, 14, 18, 25;

117:5; 118:17;

120:5; 133:5, 21;

134:1, 16, 21; 135:3;

143:3, 5, 12

Storage [1] - 60:12

store [9] - 52:12;

108:25; 109:8;

110:1; 134:4, 7, 12,

14, 18

stories [4] - 20:25;

21:3


storing [1] - 67:15

Storm [1] - 90:23

storm [75] - 6:13, 15;

43:11; 47:23; 48:2,

10, 16, 23-25; 49:2;

50:2; 51:1, 7-8, 24;

52:11, 16; 53:2, 4,

11-12, 16, 24; 54:3,

5, 10, 20, 25; 55:1,

6, 13, 19, 22; 56:4;

57:22; 61:12; 65:25;

66:2, 4-5; 68:19;

71:14; 76:16; 79:12;

81:23, 25; 82:1;

96:8, 11; 97:8, 11,

16, 19, 21; 99:7;

118:11, 14, 17;

128:5, 11; 131:6, 23;

136:23; 145:14,

16-17, 24; 147:13,

21

storms [1] - 55:20

story [4] - 10:20; 11:1;

18:19; 23:17

strategically [1] -

35:13

strategies [6] - 49:1;

79:13; 82:1, 15, 17,

21

stream [25] - 6:8;

14:12, 18, 25; 15:20;

59:6, 22; 60:1;

66:20, 23, 25; 67:1,

5; 69:1; 70:2; 96:24;

97:6, 9, 15, 19;

98:24; 129:24;

130:14; 132:22

streams [1] - 65:24

street [7] - 81:13;

86:7; 90:16; 99:22;

102:12, 16; 139:14

Street [4] - 33:8;

87:15; 89:5, 7

streetlights [1] -

138:15

streets [3] - 87:17;

89:7, 20

stretch [1] - 97:1

strictly [1] - 149:20

stripe [1] - 122:23

striped [1] - 25:6

structural [1] - 53:3

Structural [2] - 76:4;

118:22

structure [8] - 16:11;

19:6, 8; 66:23; 69:5;

73:14; 122:15;

125:19

structured [2] - 82:5,

18

structures [11] -

16:7-9; 17:20; 19:9;

51:11; 64:24; 73:2;

95:21; 144:25

studied [2] - 35:7, 10

studies [4] - 6:4, 18;

45:18; 65:22

study [15] - 9:1; 34:11,

13; 35:21; 36:13;

39:6; 40:3, 12;

59:17; 83:23; 115:8,

16; 137:18

stuff [1] - 85:17

style [3] - 18:3, 17;

139:11

sub [1] - 42:12

subcode [1] - 131:17

subject [15] - 7:25;

10:15, 25; 11:9;

14:22; 35:6; 49:13,

19; 59:11; 69:11;

79:19; 89:9; 110:15;

125:22; 150:25

subjectively [1] -

113:3

subjectivity [1] -

146:8

submission [13] -

56:4; 57:25; 59:13;

76:2, 6, 22, 25;

115:10; 128:13;

143:19; 144:13;

159:3

submissions [2] -

117:14; 157:19

submit [10] - 10:7;

43:6; 45:12; 47:16,

19; 79:3; 83:21;

112:15, 18; 157:3

submitted [26] - 6:6,

16; 34:4; 41:24;

43:10; 44:16; 45:18;

46:22; 47:6, 13;

52:20; 62:4, 8, 20;

63:17; 72:22; 77:21;

80:8; 86:4; 118:18,

24-25; 145:25;

147:18

subsequent [1] -

120:7

subsequently [2] -

78:20; 80:11

substance [3] - 77:9,

16, 18

substantive [3] - 81:8;

83:1; 84:3

sufficient [6] - 37:23;

108:2; 110:1, 14;

149:14

suggest [2] - 113:17;

131:23

suggested [1] -

138:18

suggesting [1] -

22:16

suggestion [4] -

125:16; 136:15;

137:1; 141:3

suitability [2] - 86:21

suited [1] - 97:7

summaries [1] - 36:14

summarize [2] -

129:10

summary [1] - 129:12

Summary [1] - 36:21

summons [1] - 122:14

superimpose [2] -

65:23; 66:11

superimposed [2] -

16:3; 102:6

superior [1] - 56:10

Superior [1] - 128:1

supplement [2] -

76:8; 103:11

supplemental [4] -

128:21; 129:1, 8;

132:16

supplements [1] -

9:13

supply [3] - 50:6;

125:5, 15

support [1] - 133:14

supporting [1] - 8:10

supposed [2] -

152:13, 15

surcharge [1] - 38:22

surface [10] - 11:24;

38:16; 48:6; 49:12,

15; 50:22; 68:25;

75:6; 85:11; 96:4

surprise [2] - 85:24;

86:23

surrounded [2] -

16:15; 19:2

surrounding [2] -

18:22; 87:8

survey [6] - 12:16;

37:22; 41:23;

104:16, 18, 23

surveyed [1] - 41:22

suspect [1] - 37:18

suspected [1] - 79:6

sustained [1] - 78:5

sworn [2] - 5:9;

154:20

system [22] - 30:4;

33:20, 22; 34:7, 14;

35:17; 36:5; 38:5;

39:3, 12; 40:10, 22;

51:14, 25; 52:2, 7;

56:12; 137:21, 24;

138:2, 5; 145:17

systems [3] - 50:6;

53:13

TT-12 [1] - 104:20

T-24 [1] - 104:20

T-36 [1] - 104:20

TA [1] - 144:15

TA-01 [1] - 144:14

TA-02 [1] - 144:15

tab [2] - 54:3, 5

table [10] - 19:20, 23;

20:2; 36:21; 107:13;

114:9; 126:4, 6;

160:16

Table [4] - 53:24

tables [2] - 53:6, 8

tabular [1] - 119:24

talks [2] - 125:25;

126:2

tall [2] - 102:20;

103:11

taller [1] - 102:14

tan [1] - 74:11

tap [1] - 30:6

task [1] - 53:20

tasked [1] - 128:23

technical [1] - 133:14

technically [2] - 45:1;

135:14

template [3] - 28:15;

29:9; 126:10

temporarily [1] -

73:23

temporary [1] - 45:10

ten [13] - 21:6; 22:1,

15; 51:1; 55:6, 10,

21, 24; 162:17, 23

ten-minute [1] - 55:24

ten-year [5] - 51:1;

55:6, 10, 21

tenants [1] - 25:18

tenths [1] - 66:14

tenure [1] - 115:22

term [8] - 14:10; 39:1;

43:24; 65:17; 68:11;

78:17; 96:21

terms [11] - 38:21;

43:15; 46:3; 65:4;

98:10; 107:1;

110:17, 23; 148:8,

16; 158:1

Terrace [7] - 11:7;

13:14; 33:10; 58:18,

23

terraced [3] - 11:19;

12:6; 13:2

terrain [1] - 70:9

test [6] - 31:9, 15, 19,

25; 135:21

tested [1] - 30:20

testified [5] - 5:10;

73:1; 140:17;

154:21; 157:10

testify [3] - 21:11;

149:15, 18

testifying [1] - 6:25

testimony [14] -

13:24; 14:7; 16:5;

17:22; 73:5; 78:2;

124:8; 125:10;

127:25; 128:1;

137:19; 145:12;

17

156:13

tests [2] - 31:23;

125:11

THE [70] - 61:6, 10,

23; 62:10, 14, 16,

24; 63:3, 24; 67:20,

24; 68:4; 84:12;

86:24; 88:3, 5, 13;

111:10, 20; 112:8,

12, 16, 20, 23;

113:2, 4, 7, 23;

114:5, 13, 18;

116:22; 117:24;

118:3; 119:15;

147:25; 148:5;

149:3, 8, 12, 17;

150:20, 25; 151:4,

10, 13; 152:7, 14,

19; 153:7, 15, 19,

23; 154:7, 11, 18;

155:15; 159:19, 23;

160:2, 16; 161:3, 8,

24; 162:6, 9, 15, 25;

163:4, 14

themselves [2] -

17:21; 73:2

theoretically [2] -

55:3, 13

therefore [7] - 40:18;

48:9; 89:12; 95:10,

23; 98:4; 100:9

they've [6] - 30:20;

39:8; 57:14; 80:6;

81:16; 122:2

third [4] - 37:20;

79:15; 115:17;

140:18

thirds [1] - 139:24

thorough [1] - 147:10

thousand [2] - 116:3;

117:16

threatened [1] - 45:24

three [17] - 6:14;

18:14; 36:18, 23;

46:24; 68:22; 70:8;

75:19; 96:17;

107:17, 19, 21;

111:13; 117:16;

160:22; 162:14

three-dimensional [2]

- 68:22; 70:8

three-inch [2] -

107:17, 19

throughout [7] - 28:5;

42:18; 103:24;

104:1; 105:18;

108:7; 138:15

timing [1] - 147:13

titled [1] - 115:12

titles [1] - 136:5

today [9] - 12:17;

77:21; 93:11; 96:20;

103:12, 20; 115:11;

137:22; 157:23


today's [2] - 7:25;

96:15

together [3] - 43:7,

10; 145:14

tolerant [1] - 142:5

tone [1] - 64:23

took [10] - 36:1, 6, 8;

41:23; 56:7; 60:21;

106:16; 134:2; 135:7

top [8] - 10:9, 11;

13:5; 29:3; 40:7;

75:18; 129:24; 157:6

topographic [3] -

12:16, 21; 72:12

topography [2] -

11:16; 95:21

total [9] - 18:15;

23:15, 20; 24:8, 23;

25:1; 39:22; 46:24;

70:6

touched [2] - 72:2;

144:11

touches [1] - 135:11

toward [9] - 23:11;

80:13; 91:14; 93:15;

95:3; 98:24; 142:6,

10

town [5] - 56:9; 62:9;

63:22; 86:20; 121:25

Township [12] - 9:8;

25:25; 29:10; 30:15;

32:7; 35:24; 41:8;

49:23; 88:19;

118:20; 119:1, 3

township [11] - 9:16;

24:18; 36:1; 61:21;

62:5, 22; 63:2, 6;

90:6; 114:2

trace [1] - 29:6

tracing [1] - 51:22

tract [1] - 20:4

traditional [1] -

138:17

traditionally [3] -

43:6; 86:9; 111:21

traffic [2] - 89:13;

120:14

transition [12] - 41:14;

43:19, 21-23; 44:3,

6-7, 11; 144:11, 14

transmissions [1] -

157:20

transmittals [1] -

157:18

trap [1] - 52:11

trash [1] - 120:6

travel [3] - 23:3;

85:11; 126:7

traveling [1] - 91:11

treatment [4] - 33:21;

34:4; 41:5; 111:8

tree [20] - 10:21; 11:2;

17:7, 10; 102:16;

103:24; 104:12,

15-16, 21, 23; 107:1,

13, 20; 108:1; 123:4;

141:12, 15, 21, 25

trees [53] - 17:15;

102:12, 14, 16,

19-21, 23; 103:14;

104:18, 23; 105:1,

4-5, 9, 11-13, 18,

23-24; 106:1, 3, 5-6,

9, 11, 15-16, 18-20,

22-24; 107:2, 5, 8-9,

11, 14, 16-17, 23;

108:2, 4, 9, 11-12,

17; 134:13; 138:22

trench [1] - 136:18

Trenton [1] - 114:11

triangles [1] - 42:19

tributary [2] - 54:23;

58:14

tried [5] - 35:13;

108:6; 156:13, 15

trimmed [1] - 138:23

truck [8] - 28:8, 16,

18; 29:14; 126:13,

19, 23

Truck [1] - 28:24

trucks [4] - 26:18;

29:4, 7

true [3] - 10:10; 56:24;

152:19

truisms [1] - 114:8

truth [1] - 78:4

try [4] - 82:3; 96:18;

142:17

trying [4] - 82:6, 8;

83:20; 161:18

turn [1] - 160:6

turned [1] - 32:8

Turning [1] - 28:25

turning [4] - 29:8, 11;

126:10

turns [13] - 28:13, 18,

21, 25; 29:12, 14;

125:25; 126:8,

13-14, 18, 20;

132:10

tweak [1] - 115:24

tweaked [1] - 116:21

two [52] - 10:20;

13:19; 14:11; 16:19;

19:8; 24:22; 25:7,

12; 28:13, 25; 29:4,

25; 31:20, 23; 33:9;

37:25; 39:13; 41:14;

51:1; 54:19; 55:1-3,

21; 57:17; 61:7;

64:17; 66:14; 75:18;

81:19; 89:11; 92:22;

93:1; 99:19; 100:14;

101:6; 108:24;

110:15; 113:5;

117:5; 119:7; 123:2;

125:25; 126:8, 20;

132:10; 136:24;

139:24; 148:12

Two [1] - 47:7

two-story [1] - 10:20

two-thirds [1] -

139:24

two-year [5] - 51:1;

54:19; 55:1

type [10] - 26:20;

31:13; 97:5; 102:19;

110:9; 120:19;

126:13, 15; 127:21;

138:17

types [3] - 6:9; 146:5

typical [1] - 69:1

typically [5] - 8:11;

45:20; 52:25; 75:5;

112:11

typo [1] - 124:4

typos [1] - 145:18

UU-Haul [1] - 26:20

ultimately [4] - 128:9;

130:19; 146:12;

147:21

unchanged [2] - 63:8

under [28] - 20:20;

30:19, 22; 38:8, 21;

39:14; 40:12; 52:8;

59:23; 64:14; 70:2;

76:1, 4; 79:17;

94:15; 96:15; 97:11;

104:15; 107:1;

109:15; 120:13;

122:5; 123:21;

137:11; 140:20;

145:16; 158:24

underground [5] -

51:14, 24; 52:1, 7,

12

underneath [6] - 37:7,

25; 59:9; 74:10;

75:5; 97:15

undertake [2] -

156:19; 160:24

unfortunately [1] -

152:16

uniform [1] - 106:24

uniformly [1] - 40:19

Union [6] - 33:8, 23;

35:5; 41:8; 100:24;

101:1

union [1] - 33:23

unit [4] - 21:18; 24:4;

39:25; 40:1

units [10] - 18:3, 23;

21:15, 19; 25:21;

27:8; 33:10; 40:4

University [1] - 5:25

unload [1] - 26:25

up [54] - 7:5; 23:19;

25:1, 23; 35:12;

36:14; 38:10, 23;

40:2; 44:22; 49:25;

53:1; 57:5, 9, 11;

58:11; 59:4, 10;

62:10; 64:4; 66:7;

67:5; 70:9, 13; 71:9;

75:12; 87:11; 97:5;

100:8; 102:4;

103:13; 105:6;

106:20; 108:6, 11,

13; 116:16; 129:19,

24; 130:14; 134:14;

135:15; 136:4;

137:11; 139:5, 17,

21; 141:15; 143:7;

154:9; 160:8; 161:12

upgrades [1] - 32:10

upgrading [1] - 32:12

upper [4] - 13:7;

17:23; 125:19;

140:14

ups [1] - 139:3

upstream [9] - 37:12;

58:9; 59:25; 70:2,

16; 94:13; 96:13;

115:8; 132:24

urge [1] - 128:13

uses [1] - 79:8

utilities [5] - 45:11;

120:22; 131:24;

136:7

Utility [3] - 29:21;

51:20; 120:21

utility [3] - 31:12;

32:10; 120:19

Vvalue [1] - 135:13

valve [3] - 57:8;

127:21; 147:2

valves [9] - 56:13;

57:2, 4, 7-8, 13;

127:17, 21; 128:2

Van [1] - 87:14

van [9] - 25:2, 5, 8,

10, 12, 16; 123:25;

124:6, 17

vans [1] - 26:20

variance [4] - 22:17;

78:16; 151:11

varied [1] - 106:18

varies [1] - 75:17

varieties [1] - 102:16

variety [7] - 6:9, 24;

8:15, 21; 41:12;

53:7; 74:25

various [7] - 6:17; 9:8;

68:15; 106:18;

111:4, 7; 119:2

vault [1] - 52:9

vaults [1] - 52:13

vehicle [5] - 26:15,

22; 27:3, 10; 29:12

vehicles [2] - 27:4;

89:13

vehicular [1] - 89:13

18

velocities [1] - 40:16

velocity [1] - 133:11

vents [2] - 74:20

verbatim [1] - 46:20

verification [1] - 42:9

Verizon [3] - 10:22;

16:22; 27:17

version [1] - 102:5

violated [1] - 22:6

visiting [1] - 18:6

visitor [3] - 123:24;

124:2, 15

visitors [1] - 140:7

VOICE [1] - 34:20

voir [2] - 7:12; 149:18

VOIR [1] - 5:11

volume [5] - 73:20;

75:4; 93:22; 133:5;

143:12

Volume [1] - 60:12

WWadsworth [7] - 11:7;

13:14; 33:10; 58:18,

23

wait [2] - 153:10;

162:11

waiver [21] - 41:14;

43:22; 77:22; 78:16,

18; 79:3, 21, 23;

89:22; 90:13;

108:20; 110:4;

111:14; 112:2, 6, 10;

113:1; 114:1; 123:4;

151:1; 152:24

waivers [2] - 110:15;

148:13

walk [3] - 19:14; 67:7;

69:19

wall [5] - 15:14; 58:22;

71:16; 75:16, 22

walls [9] - 19:6, 8;

65:23; 66:11; 75:9,

11, 24; 130:7;

136:18

wants [1] - 152:9

waste [1] - 120:5

Water [2] - 31:9; 32:5

water [86] - 6:14;

29:17, 22; 30:2,

9-10, 12; 31:11;

32:20; 38:17, 19, 23;

43:11; 47:23, 25;

48:3, 10, 16, 23-25;

49:1, 3, 13, 16, 18,

20, 22; 50:2, 6; 51:8,

24; 52:12, 16; 53:3,

12, 16, 24; 54:3, 5,

10, 25; 56:4; 57:22;

58:7; 59:1; 61:12;

65:20; 67:8, 11, 15;

71:14; 74:23; 76:16;

79:12; 81:23, 25;

82:1, 20; 95:12;


96:18; 97:4, 8;

118:11, 14, 17;

125:5, 15; 128:5, 11;

136:19; 145:14,

16-17, 24; 147:21

waters [4] - 73:23;

74:12; 95:17; 147:15

watershed [1] - 115:9

ways [5] - 39:23;

50:15; 59:21; 85:17;

117:5

weeks [3] - 80:13;

155:9

west [29] - 10:11, 14,

18-19, 24; 11:3, 6,

23; 13:4; 14:24;

15:9; 27:24; 29:23;

32:25; 65:16; 92:5,

17, 20-21, 25; 93:3,

15; 94:22, 25; 95:2,

11, 13; 97:13; 99:16

westerly [3] - 15:18;

33:4; 98:23

western [6] - 27:15;

30:3; 42:23; 96:14;

129:16, 18

westernmost [3] -

23:2; 98:18, 23

Westfield [1] - 141:24

wetland [1] - 136:7

wetlands [41] - 13:11;

15:19; 17:7; 33:1;

41:13, 17, 19-21;

42:1-4, 14, 22; 43:5,

9, 16, 19, 25; 44:1,

5, 24; 45:6; 46:25;

47:22; 83:5; 105:19;

108:5; 111:7;

135:11; 136:1, 17,

19; 144:9

wheel [1] - 29:6

whereas [1] - 87:13

wide [5] - 26:7; 28:2,

4; 108:12; 126:7

widen [1] - 126:2

wider [2] - 124:18;

132:9

width [2] - 96:5

willing [1] - 126:12

window [1] - 18:23

wings [1] - 18:21

wish [2] - 34:25

withdraw [1] - 149:4

withstand [2] -

141:20; 142:25

witness [18] - 5:1, 6;

7:10, 15; 116:23;

151:21, 23; 152:6, 8;

153:6, 21; 154:2, 11;

159:22, 25; 160:6;

161:4

WITNESS [22] - 61:6,

10, 23; 62:10, 14,

16, 24; 63:3, 24;

19

67:20, 24; 68:4;

88:5; 111:20;

112:12, 20; 113:2, 7;

117:24; 118:3;

119:15; 154:18

witnesses [2] -

160:12; 163:11

Wolfson [1] - 113:20

WOLFSON [21] - 5:1,

5; 7:12, 14; 8:2;

22:16, 22; 34:22;

37:4; 45:8; 55:23;

56:1; 62:15; 64:3;

68:1; 71:18; 77:12;

78:9; 83:9, 13; 84:8

wooded [6] - 11:2;

12:3; 13:8, 12; 17:4;

105:22

words [1] - 59:18

works [4] - 34:4; 41:5;

111:8; 140:14

wrapped [1] - 74:20

written [6] - 31:18;

46:19; 79:2; 123:17;

147:11

wrote [1] - 125:1

Yyard [3] - 20:8, 11, 13

year [21] - 51:1, 4;

54:19; 55:1, 6, 10,

12, 19, 21; 66:2, 5,

9-10, 13; 68:19;

132:21

years [12] - 5:21; 6:15,

23; 7:4; 36:1; 55:4,

14; 57:15; 113:6;

128:4, 7

yesterday [4] - 13:23;

19:4; 21:11; 78:4

York [2] - 5:18; 7:3

Zzero [1] - 37:5

Zielenbach [1] - 35:25

zoning [4] - 6:25;

19:23; 119:22

Documents

08 09 12 Cranford CDA Transcript (00091007)