http://www.strausnews.com/articles/2007/10/24/township_journal/news/2.txt

Harris finishes testimony in Andover hearing

October 24, 2007
By Liz Husk

Andover – The borough council and the public heard planning and zoning board chair Keith Harris describe possible overlaps in the roles of the planning board and council and testify about the extensions granted the developers Beazer Homes and its predecessor, Sussex Properties.

The Monday, Oct. 22, borough council's special hearing concluded Harris' testimony which stretched from two days to three, as Beazer Homes' counsel Donald Daines probed Harris about those roles and whether those extensions were granted within the requisite time frames.

Beazer's counsel laid out its exhibits of council and planning board minutes, attempting to refresh Harris' recollection as to the completeness of Beazer Homes' application prior to a zoning ordinance change put in effect by the council that effectively terminated Beazer Homes' Developer's Agreement.

Daines also questioned Harris regarding memos former Borough Planner Eric Snyder sent to both the planning board and the council. In one of Snyder's memos, the signature is alleged to be "Eric Snyder, Borough Planner, as Borough Representative." When questioning Harris about Snyder's seemingly conflicting roles as borough representative and planner, Harris responded, "I don't know what representation he is making or holding out."
Beazer Homes continued with its line of questioning regarding Snyder sending copies to both borough and council. Harris replied, "If this is part of the issue of who Snyder was working for, Snyder was on the Andover Planning and Zoning Board, which gauges by vote to retain him as its planner. It may have been sloppiness or inattentiveness on his part why he copied the council or borough" on his memos.

Andover Borough's Special Counsel Sharon Moore raised objections to Beazer Homes' line of questioning regarding Harris' discussions with Snyder. When asked if Harris spoke to Snyder in August 2004 regarding the application by Beazer Homes and the possibility of Beazer Homes' exemption from extension requests, Moore objected, "It's been asked and answered that (Harris) did not speak to Snyder. He only spoke to his wife and renewed acquaintances with her."

At the conclusion of Beazer Homes' cross-examination, the public was given the opportunity to question Harris. There were no questions from the public. However, two members of the borough council questioned him—Lynn Delfing and Robert Smith.

Council member Delfing asked Harris why the planning board granted extensions to Beazer/Sussex Properties "each and every time." Harris responded, "We wanted to cooperate with them to get them to a point on the preliminary site plan planning and zoning board level."

The second council member, Robert Smith, asked Harris if he "ever attended council meetings." Harris replied, "No, I purposefully avoided council meetings. I felt as a chairman of the planning and zoning board, I should keep the appearance of impartiality and purposefully avoid any public meetings at council or any other hearing involving Beazer on my part or the planning and zoning Board. I wanted to process it fairly according to the law." Council member Smith further pressed Harris regarding the number of COAH units in the final site plan. Harris stated, "I believe it was two COAH units in the final plan submitted in January which, quite frankly, seemed a little disingenuous on the part of Beazer, and that fact of putting two additional units was nowhere near the Borough's obligation for COAH."

Beazer's counsel was then given the opportunity for rebuttal to the council's questions to Harris. He asked Harris if it was his understanding that the January 2006 site plan application for Beazer Homes or Sussex Properties showed "a commitment to provide financial contributions on COAH" to Andover Borough. Harris stated, "The document speaks for itself. The transcript has myself making a statement about $29,500 above two units will be paid by Beazer. Without directly referring to the document, it speaks for itself."

Further meetings are scheduled for Monday, Nov. 12, Monday, Nov. 19, Monday, Nov. 26, Wednesday, Nov. 28 and Thursday, Nov. 29. Three tentative dates proposed are Monday, Nov. 5, Tuesday, Nov. 6, and Wednesday, Nov. 7.

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