Lawyers Bicker Over Questioning, Testimony At AvalonBay Meeting

WAYNE, NJ - It was a back and forth affair at the most recent Board of Adjustment meeting regarding the controversial AvalonBay application.

Stuart Lieberman, the lawyer representing the New Jersey Sierra Club, a non-profit environmental watchdog group, and Robert Kasuba, the attorney representing AvalonBay, went back and forth while testimony was given, objectioning to each other’s questions.

AvalonBay has applied to construct a 422-unit apartment complex at 150 Totowa Road, right next to the abandoned Toshiba property. The first meeting was held June 1. Of the 422 units, 336 would be built in a four-story building and 86 townhouses would be spread out in 13 buildings.

Approving the development will mean granting a use variance for the zoning, another variance for building the four-story complex about 18 feet higher than is permitted, and another for its floor-area ratio.

Lieberman and Kasuba have challenged each other’s statements and questions at the application’s previous four meeting, but not to the degree they did Monday night.

Jeff Tittel, executive director of the New Jersey Sierra Club, testified to the club’s objections to the application. The non-profit has previously said the application should be denied because the area is flood prone, will increase traffic, is too tall, and would zoning by variance.

Kasuba asked Tittel several questions about his background and experience, something Lieberman objected to and voiced his displeasure with. Tittel has been Sierra Club director for 17 years and is not a certified planner, traffic engineer, or civil engineer.

“We’re just wasting time,” Lieberman said.

Kasuba accused Lieberman several times of coaching Tittel through his testimony, something Lieberman denied doing.

“You’re not going to coach the witness,” Kasuba said. “This is absolutely unprecedented. Stop coaching the witness.”

The exchange between Lieberman and Kasuba, and residents became so restless, board Chairman Mark Kirk had to ask the audience to quiet down several times and took about a 10-minute recess shortly after 8:30 p.m.

The application has been carried to the board’s Dec. 21 meeting and an extension for the board to vote on it has been granted until Jan. 31.