Community Corner

New Milford Resident Takes On Expert Testimony in United Water Hearings

Appearing as an expert, Gadaleta questions information that does not appear on the developer's site plans, as well as flood elevations, tree removal and traffic impact.

New Milford resident, former councilman and licensed architect, Michael Gadaleta, appeared before the New Milford Zoning Board Thursday evening to refute the testimony given by Hekemian's experts over the course of the last 17 months regarding the proposed development of the 13-acre United Water property. 

The proposed development calls for the construction of a 70,000 square foot supermarket, 4300 square foot bank and a 24-unit low income housing complex.

Gadaleta provided the Zoning Board with his "comprehensive analysis" of the testimony provided by Hekemian's experts, zoning in on the testimony of Michael Dipple, an engineer and principal of L2A Land Design, regarding flooding, intersections and tree removal.

Gadaleta pointed out the critical pieces of information missing from Dipple's plans, such as the widths of the roads surrounding the development--Cecchino, Madison, Main St. and River Rd. Also missing from the plans is the student parking on Cecchino Dr.  

Reading from a 2004 report, Gadaleta also pointed out that recognizing the dangers that Cecchino Dr. presented to the High School population as a County pass-through road, the town seized control of it from the County.

Similarly, sidewalks on Madison and Cecchino are missing from the site plans, as well as the intersections surrounding the proposed development--Demarest Ave. and River Rd., Main St. and Lenox, and Main St. and Washington. 

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Superimposing information from USGS (U.S. Geological Survey) onto Dipple's drawing, Gadaleta interpreted Dipple's testimony against the maps. Pointing out that the site plan includes a contour line of 18.0 that runs around the entire site, Gadaleta outlined what would be underwater during a hurricane or weather event according to the USGS and 1980 DEP maps. 

According to Gadaleta, the USGS flood chart for the area surrounding the proposed development, dated April 16, 2007, shows a flood elevation level of approximately 18 feet, adding that anything 18 feet and under will be under water during a hurricane or severe rainfall.

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In his analysis of the developer's tree management plan, Gadaleta said that the removal of 90,000 square feet of "undisturbed forest land" containing 261 trees goes against what the ordinance outlined in its procedures for developers. As a former member of the Environmental Commission, Gadaleta said that the creation of the Shade Tree ordinance was to protect the removal of trees while allowing homeowners to perform selective trimming and cutting.

Gadaleta specifically pointed out that some of those trees marked for removal by the developer are Heritage Trees. Heritage trees are defined by the ordinance as any tree with a trunk of 36 inches in diameter or over 50 years old.

Gadaleta told the Board that the developer has ignored the shade tree ordinance and added that Dipple said there were no Heritage trees on the site.

"It seems like we’re removing trees for no reason," Gadaleta commented. "With a little bit of a sharper pencil the developer could have kept the trees to preserve the residential nature of that property."

Gadaleta also disputed the traffic report provided by Hekemian's traffic expert, Elizabeth Dolan, that residents have said does not accurately reflect the peak hours of Shop Rite traffic. Through his observations, Gadaleta projected that there will be an increased traffic flow of approximately 500 cars during peak hours. 

Highlighting the fact that the plans excluded any physical dimensions of the proposed structures, Gadaleta questioned the positioning of the proposed supermarket, bank and residential units and asked, why, in their planning the developer did not attempt to purchase any of the existing housing stock of residential and commercial businesses on Main Street and River Road. 

In closing, Gadaleta stressed that the developer failed to provide additional information such as soil samples of land that was once contaminated; additional traffic counts on adjoining streets that will be affected by the development, and no new curbs or sidewalks on Cecchino Dr. or Madison Ave.--roads heavily utilized by the High School students.

Additionally, Gadaleta said that no environemetal impact study has been prepared by the developer, as well as information about how supermarket deliveries will be conducted if Madison Ave. is impassable during a flood event.

Gadaleta ended with what was foremost on the residents minds--the additional impact that the development will have on already flood prone areas by adding acres of impervious coverage.

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