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DEP Buffer May Overlap Proposed CVS Site

No construction is allowed for "major developments" within 300 feet of protected water.

A new decision from the Department of Environmental Protection may cause trouble for plans to build a CVS on the corner of Pascack Road and Washington Avenue.

In a letter to Washington Township Zoning Board engineer Christopher Statile, DEP engineer Dennis Contois wrote there will need to be a buffer zone between a stream at the rear of the property and any new buildings put on the site because the stream has a drainage area greater than 50 acres. At the , CVS engineer David Caruso said he expected the required buffer to be no more than 25 feet, but the stream would need a 300-foot buffer if it is a Category One waterway.

Attorney Tendai Richards, who is objecting to the application on behalf of the Northgate Condominium Association, said at the hearing that the project would be "infeasible" if a 300-foot buffer was required. Portions of the site have less than 300 feet between the stream and Pascack Road.

Carmine Alampi, the attorney for applicant First Hartford Realty, did not return calls for comment, but NorthJersey.com reported he intends to appeal the decision and will continue bringing testimony to the zoning board.

"There is relief under the regulation," Alampi said at the previous hearing. "It's difficult, but there is relief."

Zoning Board Attorney Donna Baboulis told Patch that, even if the appeal fails, the applicant may be able to get a permit from the state for construction on the property.

Caruso previously testified the plan draining from the site.

The stream flows into the Musquapsink Brook, which eventually flows into the Oradell Reservoir. According to a DEP Water Quality Monitoring and Assessment Report, the brook for cleanliness because of phosphorus and bacterial contamination.

The CVS hearing will continue at the zoning board's May 15 meeting if there is enough time after the vote for to replace with a new gas station and convenience store across Pascack Road from the proposed CVS site.

resident April 26, 2012 at 03:54 PM
Where has our town engineer been while all this is going on.?????????????????? Inexcusable. If this were a residential project, I'm sure the retaing wall and unapproved fill would NEVER have been allowed, and substantial fine would have been handed out!!!!!!
James Leggate April 26, 2012 at 04:10 PM
resident- Township Engineer Paul Azzolina recused himself from the application because of a possible conflict of interest. Christopher Statile is filling in for this application and he was the one who informed the DEP their earlier decision may have been made with insufficient information.
resident April 26, 2012 at 04:28 PM
Yet Paul allowed the retaining wall go through or as the permit shows a "planter"

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