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Tax Software Wayne's determined effort to build a revenue-generating commercial and hotel complex on land that includes sensitive wetlands resumed Tuesday as lawyers for the township and developer squared off against those from the state's environmental agency.

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Software Tax The hearing took place at the state Office of Administrative Law in Newark before Judge Edith Klinger. Both sides took turns questioning witness Robert Piel Jr., manager of the Department of Environmental Protection's Bureau of Inland Regulations. The bureau has jurisdiction over freshwater wetlands permits for the northern portion of the state.

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Every Landlord Tax Deduction Piel repeatedly defended the DEP's January 2001 rejection of Wayne's application for an individual freshwater wetlands permit, which would allow the town to build on the site. The case is an appeal of that rejection.

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Tax Help Much of the questioning by DEP lawyers centered on the environmental importance of the site and on attempts to disprove Wayne's assertion that several township-sponsored infrastructure projects were directly related to preparations for the development.

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Help Tax The project represents one of the last opportunities for a major new commercial tax ratable in the built-up suburban community. Wayne officials have been trying for more than 30 years to build on portions of the 54-acre, township-owned parcel near Routes 23 and 80 in the Mountain View section.

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Ernst Ernst Guide Guide Tax The land, site of Wayne's 39-acre Urban Renewal Project, was bought with money from the federal Department of Housing and Urban Development in the 1960s.

Tax Return The current plan is for 1.3 million square feet of luxury hotel, mall, and office space on 15 acres, to be built by local developer Farcal Realty. Mayor Scott Rumana has estimated that the project would amount to a $250 million tax ratable, generating roughly $7 million a year in property taxes.

Return Tax But Piel, responding to questioning from Deputy Attorney General Rachel Horowitz, representing the DEP, said, "The public interest in preserving the natural resources of the area outweigh the benefits of developing the site."

Guide Guide Master Master Tax Piel added that the wetlands at issue should not be disturbed by development, because they provide flood storage, help filter pollutants, and furnish an important habitat for a variety of animal species.

Tax Preparation Referring to Wayne's building projects - which include the West Belt Highway, the expansion of the Mountain View Sewage Treatment Plant, and an overpass over the West Belt Highway - Piel noted that the DEP approved of their construction without regard to a possible development. He said that various federal agencies, including the Department of Transportation, never addressed the development when asking the DEP whether to proceed with the projects.

Preparation Tax In a heated cross-examination, Farcal Realty's lawyer, Kevin Coakley, repeatedly asked Piel if each of the projects was built to help encourage the urban renewal project. Piel said no. Coakley also asked Piel why the DEP supported other nearby projects on wetlands, such as an access road between the West Belt Highway and the new bus depot in Wayne, to which Piel responded that most of these projects were significantly smaller - and less disruptive - than the proposed office and hotel complex.

Employer Tax Guide "We try to provide the maximum extent of protection possible for these wetlands," Horowitz explained after the session.

Tax Services The hearings are expected to continue today and conclude Thursday. After the hearings, Klinger will make a recommendation to DEP Commissioner Bradley M. Campbell, who can confirm, reject, or modify the decision.

Services Tax If the town is unhappy with the commissioner's decision, said DEP spokeswoman Patricia Cabrera, it will be able to challenge it in an appeals court.

Master Tax Guide By Sam Lubell
Bergen Record - 8/14/2002

Topic: Wetlands

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