July 30, 2024 Planning Board Special Meeting Transcript - WEHI

Page 1 TOWNSHIP OF WEST ORANGE PLANNING BOARD SPECIAL MEETING __________________________ : IN THE MATTER OF: : TRANSCRIPT : OF PB-24-01 : PROCEEDINGS WEST ESSEX HIGHLANDS, INC.: BLOCK: 179, LOT: 32, : ZONE: IH-1 : __________________________: TUESDAY, JULY 30, 2024 TOWNSHIP OF WEST ORANGE 66 MAIN STREET WEST ORANGE, NJ 07052 COMMENCING AT 6:35 P.M. BOARD MEMBERS PRESENT: DR. ROBERT BAGOFF, Chairman JERRY GUARINO, Vice Chairman MAYOR SUSAN McCARTNEY BILL RUTHERFORD, Council President CHRISTOPHER MORGAN, SR. KEN ALPER WILLIAM B. WILKES II JOHN R. CARDOZA (Alternate #1) LORI KAPFERER (Alternate #2) ALSO PRESENT: JAMILET BAQUERIZO VITE, Board Secretary JOHN J. HESS, P.E., P.P., Consulting Engineer GERALD M. HAIZEL, P.P., Consulting Planner GENIECE GARY-ADAMS, Zoning Official JOSEPH FAGAN, Zoom Moderator STENOGRAPHICALLY REPORTED BY: MICHELE QUICK, CCR, RMR, CRR NJ Licensed Court Reporter Magna Legal Services 866-624-6221

2 (Pages 2 to 5) Page 2 1 A P P E A R A N C E S: 2 GACCIONE POMACO, P.C. 3 1 Boland Drive West Orange, New Jersey 07052 4 BY: DIANA POWELL-McGOVERN, ESQ. Attorneys for the Board 5 6 HUTT, SHIMANOWITZ & PLOCKER, P.C. 459 Amboy Avenue 7 Woodbridge, New Jersey 07095 BY: BRYAN D. PLOCKER, ESQ. 8 bplocker@huttshim.com Attorneys for the Applicant 9 10 BRUCE I. AFRAN, ESQ. 10 Braeburn Drive 11 Princeton, New Jersey 08540 Attorney for Objector, We Care NJ Corp. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 3 1 I N D E X 2 WITNESSES: SWORN 3 PAUL ANDERSON, P.E. 19 4 5 6 EXHIBITS MARKED INTO EVIDENCE 7 8 NUMBER DESCRIPTION PAGE 9 (NONE MARKED) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 4 1 CHAIRMAN BAGOFF: Good evening, ladies 2 and gentlemen, welcome to the West Orange Planning 3 Board meeting. Notice of this meeting was given to 4 the township clerk and posted on the township 5 bulletin board and township website calendar and 6 sent to the West Orange Chronicle and Star Ledger. 7 This meeting has been properly noticed according to 8 the Open Public Meetings. Act no new matter will 9 start after 10:30 p.m. 10 I'm going to ask all of you to rise for 11 the Pledge of Allegiance. 12 (Pledge of Allegiance is recited.) 13 CHAIRMAN BAGOFF: I'd also like to 14 welcome all those who are watching on Zoom this 15 evening. The next Planning Board special meeting 16 will be held on July 31, 2024 at 6:30 p.m. in Town 17 Hall. The next Planning Board regular meeting will 18 be held August 7, 2024 at 7:30 p.m. via Zoom. 19 Roll call, please, Jamilet. 20 MS. BAQUERIZO VITE: Mr. Alper? 21 MR. ALPER: Here. 22 MS. BAQUERIZO VITE: Mr. Cardoza? 23 MR. CARDOZA: Present. 24 MS. BAQUERIZO VITE: Ms. Kapferer? 25 MS. KAPFERER: Here. Page 5 1 MS. BAQUERIZO VITE: Mr. Wilkes? 2 Council President Rutherford? 3 COUNCILMAN RUTHERFORD: Here. 4 MS. BAQUERIZO VITE: Mayor McCartney? 5 MAYOR McCARTNEY: Present. 6 MS. BAQUERIZO VITE: Mr. Guarino? 7 VICE-CHAIRMAN GUARINO: Present. 8 MS. BAQUERIZO VITE: Chairman Bagoff? 9 CHAIRMAN BAGOFF: Here. Thank you. 10 MS. BAQUERIZO VITE: And just for the 11 record, Mr. Klein won't be joining us tonight and 12 Mr. Smeraldo is excused. 13 MS. McGOVERN: He's recused -- 14 MS. BAQUERIZO VITE: He's recused. 15 MS. McGOVERN: -- he won't be 16 participating. 17 (Whereupon the Board attends with other 18 matters on the agenda.) 19 CHAIRMAN BAGOFF: We are on 20

recused -- 14 MS. BAQUERIZO VITE: He's recused. 15 MS. McGOVERN: -- he won't be 16 participating. 17 (Whereupon the Board attends with other 18 matters on the agenda.) 19 CHAIRMAN BAGOFF: We are on 20 Application PB-24-01, West Essex Highlands, 21 Incorporated, Block 179, Lot 32, Zone: IH-1, Warner 22 Road. The applicant is proposing to develop a 496- 23 unit inclusionary multifamily residential 24 development on a vacant 120-acre property in the 25 northwest corner --

3 (Pages 6 to 9) Page 6 1 MEMBER OF THE PUBLIC: Excuse me. 2 CHAIRMAN BAGOFF: -- of the township 3 -- 4 MEMBER OF THE PUBLIC: Excuse me. We 5 cannot hear you back here. Can you please put a 6 microphone on? 7 CHAIRMAN BAGOFF: Can you hear me? 8 MEMBER OF THE PUBLIC: Yes. 9 MEMBER OF THE PUBLIC: Now we can. 10 CHAIRMAN BAGOFF: I'm sorry about 11 that. Okay, so for housekeeping, I have a statement 12 I'd like to read. The Master Plan consists of a 13 long-term vision for the community, development, 14 policy, and implementation. It is a well-thought- 15 out, high-level plan intended to set out objectives 16 and strategies of how particular areas of town can 17 develop and redevelop in the future. It is a living 18 document that must be updated at least once every 19 ten years and more often as the vision of the 20 community changes. The process is not only subject 21 to the desires and plans of the local population but 22 the legislation of the state and federal government. 23 (Whereupon Mr. Wilkes arrived at the 24 meeting.) 25 CHAIRMAN BAGOFF: Following the New Page 7 1 Jersey Supreme Court's decision (Fair Housing Act), 2 every town that has filed a declaratory judgment 3 since 2015 is ultimately seeking a final order that 4 finds them in compliance and grants repose, meaning 5 that their town has a realistic plan for fulfilling 6 their affordable housing obligations and is no 7 longer subject to Third Round litigation (Builder's 8 Remedy litigation) through 2025. The municipality 9 must prove through a compliance package that they 10 will implement the mechanisms to provide their fair 11 share of the region's need for affordable housing. 12 Compliance is a critical element of the process that 13 ensures affordable housing will come to fruition, 14 and it is a source for the public to better 15 understand affordable housing in their neighborhood. 16 The application is presented as a 17 result of a settlement agreement signed in 2020 from 18 protracted litigation that involved the 19 participation of Applicant's representatives, 20 representatives from the Township of West Orange 21 that included the Township Planner, the Mayor, the 22 Council President, Township Attorney and Fair Share 23 Housing person. Also involved were representatives 24 of West Essex Highlands Condominium Association. 25 The settlement was reviewed and approved by a judge Page 8 1 in

hip Attorney and Fair Share 23 Housing person. Also involved were representatives 24 of West Essex Highlands Condominium Association. 25 The settlement was reviewed and approved by a judge Page 8 1 in the Superior Court of Essex County. 2 This agreement between the parties 3 obligated the Township of West Orange to draft and 4 adopt an overlay zone. To that end, a zoning 5 amendment was formulated and adopted by the Township 6 of West Orange in 2020. It is known as Chapter 7 25.19 IH-1 (Inclusionary Housing) District. 8 An overlay zone is also known as an 9 overlay district. It is a land use planning tool 10 that adds a layer of zoning standards to a specific 11 area. These standards can supplement or replace 12 those of the underlying zoning district and can 13 apply regardless of the base zoning. Overlay zones 14 can be used to manage development or protect the 15 character of an area and can help communities meet 16 their goals. 17 The Planning Board was not party to the 18 settlement agreement; however, the settlement 19 agreement states: The Planning Board will consider 20 the proposed development in accordance with the 21 applicable laws of land use, municipal ordinances 22 and the Township's approval of the settlement 23 agreement. 24 The Township adopted the zoning 25 ordinance, as per the agreement, and amended the Page 9 1 Master Plan. 2 The property is approximately 120.5 3 acres and is located in the northwest corner of the 4 Township adjacent to the northern terminus of Warner 5 Road and bordered by the Townships of Essex Fells 6 and Verona to the north. To the south in West 7 Orange is West Essex Highlands Condominium 8 Development. Only slightly over 30 acres will be 9 developed in this project. The remainder of the 10 land will not be developed. 11 The settlement agreement was that the 12 property would be developed as a multifamily 13 residential development consisting of 396 market- 14 rate units and a hundred affordable housing units, 15 for a total of 496 units and a clubhouse and amenity 16 building. 17 The West Essex Highlands 1, which is 18 the applicant, agreed to obtain all necessary 19 approvals and permits, which include Planning Board 20 site approval, Essex County Planning Board approval, 21 New Jersey Department of Environmental Protection 22 approval. The parties agreed to cooperate to obtain 23 approvals for the installation

rd 20 site approval, Essex County Planning Board approval, 21 New Jersey Department of Environmental Protection 22 approval. The parties agreed to cooperate to obtain 23 approvals for the installation of a traffic signal 24 at the intersection of Eagle Rock Avenue and Oval 25 Road.

4 (Pages 10 to 13) Page 10 1 The settlement agreement also included 2 design terms and conditions. At the time of the 3 settlement, the project was not fully engineered and 4 so it was anticipated that the applicant may apply 5 for waivers or bulk variances in the future. 6 Certain items would be part of the 7 Planning Board's usual review but which would be 8 decided as part of the settlement agreement and the 9 accompanying modified zone ordinance specific to 10 this development. These items include the 11 following: The concept plan includes Kuzik Drive as 12 a means of ingress and egress; however, the Planning 13 Board has to grant an exception and there may be 14 some discussion about this issue. 15 There are a large number of trees that 16 are to be removed. The agreement includes its own 17 tree removal and replacement plan (different than 18 the Township ordinance - this is specific to this 19 development only). 20 Similarly, the steep slope ordinance 21 will not apply to this development, as the zoning 22 ordinance adopted for this development proscribes 23 the terms of construction relative to the steep 24 slopes ordinance in this area. 25 The number of one-, two- and three- Page 11 1 bedroom units for the affordable housing units is 2 preset (no more than 21 bedroom -- no more than 20% 3 one-bedroom, at least 30% two-bedroom and at least 4 20% three-bedroom [sic]. The affordable housing is 5 broken into three levels with 13% to be affordable 6 to very-low-income households, 37% to low-income 7 households, and 50% to moderate-income households. 8 The minimum sizes for these apartments are set forth 9 in the zoning ordinance created for this development 10 in IH-1. 11 The concept plan controls where the 12 building will be constructed. 13 The zoning ordinance for this 14 development has specific detail regarding the 15 buffering required, building in the area near the 16 peak of the ridgeline, the number of stories and 17 specific parking details. Accessory uses such as 18 clubhouses and recreational areas are exempt from 19 the parking requirements. 20 As the application proceeds, you will 21 hear testimony from the applicant's experts, the 22 Township engineer and planner as there are some 23 areas where the applicant must satisfy the Board 24 that the plan conforms to the zoning ordinance and 25 the applicable provisions of the site plan Page

ship engineer and planner as there are some 23 areas where the applicant must satisfy the Board 24 that the plan conforms to the zoning ordinance and 25 the applicable provisions of the site plan Page 12 1 ordinance. The applicant must also provide 2 sufficient specificity pertinent to the site plan. 3 In anticipation of issues related to 4 other agency or governmental approvals, such as the 5 DEP approval or County Planning Board approval 6 regarding the traffic controls at Eagle Rock Avenue, 7 the Board may add conditions that involve matters 8 outside of its jurisdiction. The Municipal Land Use 9 Law allows for these conditional approvals. 10 Specifically, N.J.S.A. 4:55 D-22 states, "In the 11 event that the development proposed by an 12 application for development requires an approval by 13 a governmental agency other than the municipal 14 agency, the municipal agency shall, in appropriate 15 circumstances, condition its approval upon the 16 subsequent approval of such governmental agency, 17 provided that the municipality shall make a decision 18 on any application for development within the time 19 period provided in this act or within the extension 20 of such period as has been hereby agreed to by the 21 applicant unless the municipal agency is prevented 22 or relieved from so acting by the operation of law." 23 Therefore, the Board will be listening 24 to the testimony of all witnesses, the applicant's 25 witnesses, witnesses who may provide opposing Page 13 1 viewpoints and the Board's own experts to determine 2 if the application satisfies both the site plan 3 requirements of the Township ordinance as well as 4 the zoning ordinance that applies to this 5 development. 6 I want to take this opportunity to 7 thank you for joining us in the public process and 8 look forward to hearing from all of you in person 9 and on Zoom. Thank you very much on behalf of the 10 Planning Board. 11 Okay, the next portion of housekeeping 12 will be I would like to ask anybody who represents a 13 group -- any attorney who represents a group, please 14 come to the mic, identify yourself and the group 15 that you represent, for the record, please. 16 MR. AFRAN: Good evening, Mr. 17 Chairman. My name is Bruce Afran, I represent We 18 Care NJ Corp., and that is an organization which is 19 organized and dedicated with the mission of 20 addressing development on this very

ng, Mr. 17 Chairman. My name is Bruce Afran, I represent We 18 Care NJ Corp., and that is an organization which is 19 organized and dedicated with the mission of 20 addressing development on this very parcel, and so 21 I'm representing We Care NJ Corp. as objectors. We 22 do expect to call witnesses, particularly experts. 23 I have reviewed that generally with counsel for the 24 Board and for the applicant, and at the appropriate 25 time, we can discuss that schedule, I'd imagine.

5 (Pages 14 to 17) Page 14 1 CHAIRMAN BAGOFF: Can you spell your 2 name, please, sir, for the record? 3 MR. AFRAN: Oh, yes, my name is 4 spelled A, F as in Frank, R, A, N as in Nancy. 5 CHAIRMAN BAGOFF: Thank you, sir. 6 MR. AFRAN: Thank you. 7 CHAIRMAN BAGOFF: Are there any other 8 attorneys representing groups? 9 (No response) 10 CHAIRMAN BAGOFF: Seeing none, thank 11 you. 12 Let the record show that Mr. Wilkes has 13 joined the Board prior to any deliberations. 14 One more housekeeping measure, notice. 15 We have a resolution for the Planning Board. You 16 want to read that? 17 MS. McGOVERN: "Whereas Section 18 25-46.6 of Chapter 25 of the revised general 19 ordinances of the Township of West Orange empowers 20 the Planning Board to appoint experts as the Board 21 may deem necessary, and whereas, Wayne DeFeo of 22 DeFeo Associates, having personal knowledge and 23 expertise related to the site and landscaping, 24 including trees, shrubs and other plant matter, 25 located at the site known as West Essex Highlands, Page 15 1 located at Warner Road, Block 179, Lot 32, in the 2 Township of West Orange -- 3 MEMBER OF THE PUBLIC: Can you speak 4 up -- 5 MEMBER OF THE PUBLIC: We can't hear 6 back here. 7 MEMBER OF THE PUBLIC: -- because the 8 air-condition is blocking you out. 9 MS. McGOVERN: All right. This 10 resolution will be available on the website, but 11 it's a resolution appointing by the Planning Board 12 Wayne DeFeo as an expert in the application of this 13 area of landscaping trees, shrubs and other 14 environmental issues. 15 CHAIRMAN BAGOFF: I make a motion that 16 we adopt this resolution. 17 VICE-CHAIRMAN GUARINO: So moved, Mr. 18 Chairman. 19 CHAIRMAN BAGOFF: Vice Chairman 20 seconds. Ms. Jamilet, on the motion? 21 MS. BAQUERIZO VITE: Mr. Alper? 22 MR. ALPER: Yes. 23 MS. BAQUERIZO VITE: Mr. Morgan? 24 MR. MORGAN: Yes. 25 MS. BAQUERIZO VITE: Mr. Cardoza? Page 16 1 MR. CARDOZA: Yes. 2 MS. BAQUERIZO VITE: Ms. Kapferer? 3 MS. KAPFERER: Yes. 4 MS. BAQUERIZO VITE: Mr. Wilkes? 5 MR. WILKES: Yes. 6 MS. BAQUERIZO VITE: Council President 7 Rutherford? 8 COUNCILMAN RUTHERFORD: No. 9 MS. BAQUERIZO VITE: Mayor McCartney? 10 MAYOR McCARTNEY: Yes. 11 MS. BAQUERIZO VITE: Mr. Guarino? 12 VICE-CHAIRMAN GUARINO: Yes. 13 MS. BAQUERIZO VITE: Chairman Bagoff? 14 CHAIRMAN BAGOFF: Yes. Motion 15 carries. Thank you. 16 At this time, I would like ask to Mr. 17 Plocker,