Planning Board Removes Traffic Expert After Alleged Conflict of Interest
Officials to seek out a replacement in the coming weeks
Photos
The Wyckoff Planning Board Monday night voted to cut ties with a traffic planner who allegedly had a conflict of interest with the Inserra application before the board.
Attorney Robert Inglima, opposing the application on behalf of Munico Associates, said at a planning board meeting last month that the board's traffic engineering consultant Gary Dean had been involved to some degree in an ongoing New Milford Zoning Board application concerning parties with interests in the current application.
"The fact is that Dolan and Dean were engaged by the developer of [the New Milford site] apparently to represent [Inserra] as a proponent traffic expert in support of a project that includes a residential component and a supermarket," Inglima said Monday night. "Those are the facts."
Inglima asked Wyckoff Planning Board Attorney Joseph Perconti to find that there was a conflict of interest, "then go to the determination of how you're going to solve the problem of Mr. Dean having been involved in these hearings — having left his thumb print on it — and how the board is going to go forward."
Perconti advised planning board members to remove Dean.
"While our prominent attorneys have agreed to disagree, they have agreed on one thing in all 100-plus pages of documentation," Perconti said, referring to attorney briefs filed regarding Dean.
"I don't find... that there is any clear indices that Gary Dean is in fact a representative in any capacity of Inserra," Perconti said, but that the involvement of Dean and Dolan in the New Milford project had raised valid concerns.
"That would be considered a potential conflict and... these conflicts appear to be unwaivable," Perconti said. "Everybody — including both the applicant [and opposition] — would concur that the prudent thing would be to terminate Mr. Dean's services and retain the services of a new traffic engineer.
Mayor Chris DePhillips agreed that Dean — who was not present at the meeting — should be terminated as an expert, but pondered the board's next step in the nearly 2-year-long application.
"The question becomes whether [the board is] required to retain a new expert or should we have the discussion of whether the board can proceed without a traffic expert at all," DePhillips said.
Perconti recommended that it was in the board's best interest to be consistent and retain another traffic expert, suggesting that retaining one would not be onerous.
The board voted unanimously to remove the services of Dolan and Dean, and Perconti said he would prepare, for the board's next meeting on May 9, a resolution to hire Dean's replacement.
Planning Board Chairman Richard Bonsignore said that the plan was to move forward on appointing a replacement traffic expert in time for a special meeting that has been tentatively scheduled for May 29.
The next Wyckoff Planning Board meeting is scheduled for May 9 at 7:30 p.m.
Check back with Wyckoff-Franklin Lakes Patch for a report from the public comment session from Monday night's meeting.
BQE
2:23 am on Tuesday, April 24, 2012
This is all a waste of time and money - there was and has been a supermarket on the site so this argument isn't about the town or its traffic its about stop n shop vs inserra - and we the taxpayer, pay the price.
KTitan
6:49 am on Tuesday, April 24, 2012
Couldn't agree with you more BQE!!! Let's get this over with!! The one reason I didn't go to the meeting last night is because I KNEW we wouldn't get a chance to express our comments. It ended up all about Dean!!
Wy@
8:47 pm on Thursday, April 26, 2012
I KNEW we wouldn't get a chance to express our comments
Guess you didn't KNOW.
MER
8:01 am on Tuesday, April 24, 2012
I look forward to one day having a Shoprite in town -- no more traveling to Oakland. Shoprite's prices are much lower and service is much better than Stop and Shop. It is pretty clear what is going on here, and it is not for the benefit of the people of Wyckoff.
susan
8:25 am on Tuesday, April 24, 2012
More waste of taxpayer dollars. It's amazing government needs to hire an "expert" at taxpayer expense for every decision they make. There was a supermarket on this site for decades, plus a Wallgreens.
Patsy Ann Smith
8:43 am on Tuesday, April 24, 2012
pdd
I don"t understand this whole wasted amount of time and money.... There are certainly two or more restaurants in town, 2 or more banks in town, 2 or more nail salons in town and 2 or more gift stores in town. Isn't that what it's all about. Why shouldn't we have 2 or more grocery stores in town! Why shouldn't we have the choice open to us. I like shopping at Shop Rite and I like the way Mr. Inserra runs his stores. I currently go to the Shop Rite in Oakland or Ramsey.... and I certainly agree that there is entirely too much politics involved with this whole thing...Let the Traffic Expert take care of planning traffic when the Shop Rite is allowed to come in!
Wouldn"t that make common sense.
Janet
9:39 am on Tuesday, April 24, 2012
Ditto on all comments. I also shop at Shop Rite in Oakland. Wouldn't Wyckoff want their residents to shop here too? There was always a supermarket there. If not Shop Rite, someone else would get it. They cannot leave it an eyesore forever. All these advertisements we get in the mail "paid for by Stop and Shop" to not let Shop Rite in, makes me not want to shop there at all. Why can't they just be a good neighbor?
It isn't like people would stop going there and a little competition is a good thing.
Diane D Haase
10:07 am on Tuesday, April 24, 2012
Stop and Shop has given us two years to see how negative and frightened they are by competition. They've drawn the proceedings through the ringer and played dirty pool. There is no doubt in my mind S&S will continue to divert the hearings forever if allowed. Shop Rite has done everything the town has asked...more so than S&S when they built. The town has been more than fair. Let Shop Rite build. People want it, I want it, and it would enhance what is now an empty parking lot and old, ugly buildings. Let the traffic concerns play out after Shop Rite is built. All of Stop and Shop's lawyers arguments will go on forever. It's costing the town time and money. Make a decision now. Shop Rite is a wonderful supporter of all kinds of needs. They don't just put out an empty box for patrons to fill a la S&S, they give food they've paid for to the shelters.
Q
5:44 pm on Tuesday, April 24, 2012
Not everyone is a fan of Shop Rite. I find the quality of anything perishable is lacking. You get what you pay for. One grocery store in town is plenty and since Stop & Shop is already here, let it be that grocery store.There are two ShopRite stores, an A & P, Kings, Whole Foods, Food Town, etc. within a short driving distance from Wyckoff; plenty of choices for all and enough competition for Stop and Shop to keep prices in check. If we have two grocery stores in town, both will suffer and we will then have two ugly eye sores, inside and out, to contend with. After quite some time and much dishevelment, probably one of the stores will go out of business and there goes the supposed "competition." A park instead of a parking lot would be nice and it would enhance the center of town. Unfortunately, the rent money paid on the lot is probably too lucrative for the owner to consider selling to the town at a reasonable price.
Gary Rabinowitz
6:56 pm on Tuesday, April 24, 2012
@ "Q" -- well said. The commenters' complaints contradict their very point that there's no or inadequate "competition" in town. Well, if you take NJ's unusually narrow view of a "town" (in terms of population or geographical size), then they have a point. But, compared to every other state or region in this country, driving to Oakland, Ramsey or Midland Park is very convenient and quite reasonable. Our area is oversaturated with every kind of retail. When it comes to grocery stores, there's plenty of options. What they mean to say is "we want more convenience" (and "Me, ME, ME!....waahhhhh!").
I find this incessant whining about cutting corners in the zoning process to be apropos of these commenters. "Just build it!" they huff, "there's always been 2 supermarkets in town!!" Well, there's never been two SUSTAINABLE, VIABLE supermarkets in town, does that point ever get brought up? Nope. Open 2, watch one go out of business, cut corners in the zoning process and watch the next out of place eyesore rise before our very eyes. Wash. Rinse. Repeat. If this store is as great as they suggest, waiting a few extra weeks or months is not going to hurt anyone. "Chillax....." people (as my 17 yr old might say). Let's adhere to good processes and governance. Get a competent traffic expert in there (and not just blow it off, TC).
Evelyn Christie
9:49 am on Sunday, April 29, 2012
Anything is better than a dirty empty lot. Over 2 years ago they forced some thriving businessest o move out including Motor Vehicle. Still the fighting goes on. Right now Shop rite is the only candidate to build there and they would be an enhancement to our area, if not them, then maybe apartments, then people will see what traffic is all about. Stop & Shop should give up their own agenda and let progress ensue.