Villadom Times Weekly Newpaper Online-May 20, 2009 Issue

Mahwah May 20, 2009 THE VILLADOM TIMES IV • Page 7 Pilot attorney disputes trafﬁc gap testimony by Frank J. McMahon At the last Mahwah Board of Adjustment meeting, Pilot Corporation’s attorney questioned the validity of two trafﬁc experts’ testimony regarding the safety of the trafﬁc gaps on Route 17 in front of the Pilot truck stop and the Valero gas station located north of that site. Trafﬁc experts Richard Maser and Maurice Rached had testiﬁed on behalf of Paks Fast Service Inc, which owners the Valero station. Paks is objecting to Pilot’s plan to renovate its site and upgrade it from an overnight parking truck stop to a gasoline and diesel fuel service station for cars and trucks. The experts previously testiﬁed that the gaps in the trafﬁc in front of the Pilot site create an unsafe condition. They also testiﬁed that the trafﬁc gaps at the Valero station are not unsafe because motorists exit that site more quickly and the shoulder of the road there is not continuous as it is in front of the Pilot truck stop. They also claimed that the trafﬁc is not as intense at the Valero station. During his cross examination of the two experts, Pilot attorney James Lott succeeded in having the zoning board agree that the model used to calculate the trafﬁc gaps was based on the experts’ opinion and was not backed by literature or peer review, and it was not critically acclaimed by other industry experts. Rached argued, however, that his gap analysis had been recognized by the board’s own engineer. He told the board that it is a relevant and valid model. Kevin Moore, the attorney for Paks, then urged the board to suppress Pilot’s trafﬁc expert Joseph Staiger’s testimony about the trips that would potentially be generated at the renovated Pilot site. Moore asserted that Staiger’s testimony was not based on the correct data about the Pilot site and was only based on a study of one other service station. Board member Charles Rabolli moved to deny Moore’s recommendation, but to reserve decision on that issue until a later date. The board unanimously agreed. Lott proceeded to challenge Rached on the 10.8 second timing he claims it takes a truck to exit the driveway at the Pilot site, referring to the roadway design manual that indicates the time is 8.5 seconds. Rached pointed out that the manual timing estimate includes SUVs and most of the vehicles exiting the Pilot site are tractor trailers. Lott also challenged Maser’s claim that more fueling stations at the Pilot site would lead to more truck trafﬁc. He pointed out that Maser’s trafﬁc count indicated there Mahwah’s Memorial Day Parade participants will line up at 9:30 a.m. at Immaculate Heart of Mary Church on Island Road on May 25. The parade will begin at 10 a.m. and march to Veterans Park for the traditional ceremonies of honoring veterans from the American Revolution to the Iraq War. Memorial Day Parade scheduled �� are currently 22 truck trips with Pilot’s ﬁve diesel pumping stations, yet he claims the truck trips would increase to 46 with six pumping stations, more than a 100 percent increase. Maser countered that Pilot’s trafﬁc expert claimed there would be 40 plus trips and he took that into consideration in his testimony. George Cimis, the zoning board chairman, asked Maser if he took into account that the new Pilot pumps would dispense fuel at a faster rate, and at both sides, and he said he did not. Lott also questioned the particular gas stations that Maser and Rached chose for their trafﬁc counts, claiming that the choice of which ones to use was an effort to “skew” the numbers. They claimed the stations were chosen on the basis of convenience and proximity to the Pilot site. Lott challenged the experts on their testimony that the other gas stations in the area, including the Valero station, do not have national gas contracts with trucking companies. He showed them printouts from Internet advertising that indicate that Valero offers ﬂeet accounts. Moore countered that the owner of the Valero station would testify that Valero does not have ﬂeet contracts with trucking companies. Finally, Lott challenged the experts’ testimony about the impact of the closing of the Ridge Road access to the Pilot site on the number of trucks that would still use that site for refueling. The trafﬁc experts claimed that it would add two miles to a trucker’s trip and one minute and 41 seconds to travel to the Macarthur Boulevard overpass to turn back north. But Lott calculated that a driver would have to drive at a rate of 68 miles per hour to make that trip in that time. Rached claimed his calculations showed the two trips made to calculate the distance and timing were made at 40 mph and 50 mph. Maser acknowledged that the test trips were made during off-peak hours. � �� Paul Banach Construction, LLC Home Remodeling Waldwick • 201-689-0765 • Kitchen & Bathroom Renovations • Finish Carpentry Crown Moldings, Cabinetry, Walk-In-Closets, etc... Windows • Doors • Garage Doors Take advantage of the Energy Tax Credit in 2009 www.energystar.gov/index.cfm?c=products.pr_tax_credits Speak to your tax advisor to ascertain if you qualify, as these credits will make a project more economical for you! 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