Tuesday, May 17, 2016

Fourth Zoning Hearing Board hearing is first opportunity to hear cross examination of important Nestle witness

Nestle plans to put on four known witnesses, and forewarned in the first hearing that they will put others on as well.  The four known witnesses are:
  • Civil engnieer - Site Plan and zoning issues
  • Hydrogeologist - Hydrology and geology of the site
  • Traffic engineer - Traffic and truck route issues
  • Sound engineer - Sound measurements and analysis
Thus far, Ed Davis, civil engineer, has testified on direct examination - during the 2nd and 3rd hearings. Wednesday night, cross examination is scheduled to begin at the beginning of the hearing.  First, the Zoning Hearing Board members will ask questions.  Then attorneys for the township and concerned citizens with will cross, followed by citizens.

Those who have attended the hearings thus far have heard from Mr. Davis all about how Nestle satisfies the zoning requirements of the ordinance.  Of course an Applicant will argue this - this is a requirement to obtain a special exception permit.  It went a bit too far, however, and township attorney Freed successfully objected to Mr. Davis and Nestle Attorney Weston stating conclusive interpretations of the zoning ordinance.  The Zoning Hearing Board's has sole responsibility to do this in this setting.

Readers are likely aware that the township engineer has issued reports that found significant deficiencies in Nestle's application., including the site plan.  Wednesday evening is when Mr. Davis will first be questioned by objectors as to these deficiencies.

The two most important Nestle witnesses will be Mr. Davis and hydrogeologist Lou Vettorio.  Sound and traffic are not going to determine the outcome of this application.  Therefore, Wednesday evening's cross examination is critical to the outcome of the hearing process.  The hearing is 7pm at the Kunkletown Fire Hall.

Rumor is additional news outlets have taken notice of this matter, and a prominent one will attend Wednesday evening's hearing.  Let's continue to put rear ends in the seats in a show of community unity.  Water is one of our most precious resources.

You have to be in it to win it

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