Wetlands Litigation Forces Special Planning Board Meeting Tonight

Named as one of several defendants in a $14 million federal law suit by Shamrock Creek LLC, the borough's Planning Board members will meet tonight, 5:45pm, to review their first round responses to the litigation.

The 12-page response primarily focuses on Shamrock Creek's queries for information that has already been determined as part of the public record including the Board's involvement over the past 20-year span. Several responses also stated that the information requested had been supplied in a prior notice to produce.

The lawsuit, which was filed May 2012, claims the Planning Board and the other defendants interfered with the development company's plans to build on its own property.

Also named in Shamrock Creek's federal suit is Mayor Richard LaBarbiera, former Mayor James Tedesco, Councilmembers Ralph Amato, Maria Elena Bellinger, Joseph Lagana, Eric Nazziola, former Councilmen Michael Rohdieck and Thomas Locicero, borough residents Mark Distler and Ed Onorato, Boswell Engineering, the Zoning Board of Adjustment, borough engineer Peter Ten Kate, borough zoning officer Lisa Meserole, the Borough of Paramus, John Does 1-25 and XYZ Entities 1-25.

Shamrock Creek, which purchased the 35-acre property in 2002, had intended to clean up the contaminated site and construct a senior development called "Enchantment of Paramus" on Soldier Hill Road. The proposed development would have included 15 buildings containing 108 carriage homes and 36 town houses.

Previously, the property was utilized as a municipal dump from 1940 through 1970 for household garbage, construction and demolition debris and other waste. The area was found to be contaminated with arsenic, lead, barium and zinc following a 2002 environmental and remedial investigation.

A judge determined in Sept. 2011 that the state state Department of Environmental Protection had properly denied wetlands permits for construction of "Enchantment". Shamrock had appealed the DEP's 2007 decision to reject an application for freshwater wetlands and stream encroachment permits.

In January 2012, the Department of Environmental Protection rejected the builder's proposal to build within 300 feet of Soldier Hill Brook, a protected waterway that drains into the Oradell Reservoir.

DEP Commissioner Bob Martin ruled at the time that the development would irrevocably disturb the area near the brook, agreeing with Administrative Law Judge Barry E. Moscowitz, who also denied Shamrock Creek's applications for stream encroachment and freshwater wetlands permits.

In the lawsuit, Shamrock Creek LLC is seeking restitution of $14 million it would have received from the sale of the 35-acre property to JDME Acquisitions LLC along with a judge's order preventing the defendants from further interfering with their right to develop the property and damages. The company is also requesting that the borough be ordered to pay the costs to clean up the site.

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