Attorneys Scrutinize Public's Evidence at United Water Hearings

After sitting through 16 months of hearings, New Milford residents finally got their chance Thursday to challenge the testimonies of Hekemian's experts regarding flooding, traffic volume and pedestrian safety associated with the proposed development of the United Water property. However, their testimony was halted at almost every turn as attorneys for both sides scrutinized their photographic and testimonial evidence for relevancy and admissibility.

The proposed development includes a 70,500 sq. ft. supermarket, 4300 sq. ft. bank and 24 low income housing units.

Much of the meeting was spent by Board attorney Scott Sproviero laying the foundation for accepting the photos as evidence, establishing that the testimony being given was evidentiary and not commentary, and qualifying and disqualifying those asking to be considered experts on matters such as engineering, architecture and flooding.

Antimo "Andy" Del Vecchio, Hekemian's attorney, objected to the submission of many photographs citing inadmissibility based on the fact that they could not be authenticated. In one instance, he said that without any street signs appearing in the photo, it was impossible to authenticate the exact location of what was being presented as evidence.

Sproviero asked DelVecchio to give the public some leeway in their presentation of evidence. "They've never done this before," he said.

Referring specifically to New Milford resident, Ulises Cabrera, who testified as a flood victim and whose evidence included photos of his house during a flood, Sproviero said, "I think we should allow him to make his presentation based on his layman's experience...his house floods."

Cabrera presented evidence disputing the testimony of Hekemian's expert engineer, Michael Dipple, who testified that New Milford does not flood due to tidal surges. Cabrera sought to discredit that testimony by providing evidence supporting his claim that his house has flooded during a tidal surge five times since 2007 to the tune of $250,000 in repairs.

John Rutledge presented testimony and photos questioning the traffic report of Hekemian's traffic engineering expert, Betsy Dolan. Rutledge presented as evidence a photo of workers from Bergen County striping a crosswalk in front of New Milford High School.

Rutledge said that during her testimony, Dolan did not see the need for a crosswalk in front of the high school to ensure the safety of the students crossing River Road. 

"I don’t see the County putting a crosswalk in for the sake of putting a crosswalk in," Rutledge said. "To me it’s an indication that there’s a flaw that the traffic expert did not see--that there was a safety issue."  

"The county saw it as a danger, but not the traffic expert," Rutledge concluded.

The public will continue presenting evidence and testimony regarding the proposed development of the United Water property at the next regular meeting of the Zoning Board on Tuesday, July 18 at 6:30 p.m. Acting Chairwoman Eileen DeBari informed the public that anyone wishing to present evidence to the board should be prepared with 12 copies for each Board member and attorney.