July 30, 2024 Planning Board Special Meeting Transcript - WEHI

that you are not already 8 planning for? 9 MR. ANDERSON: That's correct. 10 MR. WEISLEDER: Okay, so your 11 testimony today is that you would add more coverage, 12 more trees, to prevent what you said seems like we 13 might see that corner of the building, correct? 14 MR. ANDERSON: They may but, you know, 15 we have no objection to making modifications. We 16 have review letters from the town engineer's office, 17 from the environmental consultant's office and -- 18 regarding changes species and maybe potentially 19 adding in a tree here or there, and there's other 20 circumstances like what you're describing that have 21 come up now, and we're flexible with adding some 22 additional landscaping. 23 MR. WEISLEDER: Okay, and my final 24 question is: Were the residents of Howell Drive 25 consulted by your group as far as sight-line balloon Page 189 1 testing or other things like you did with -- sorry, 2 I can't remember the -- with the community, with the 3 other community on the other side? 4 MR. ANDERSON: I don't believe they 5 were a party to this -- to the agreement, so -- 6 MR. WEISLEDER: Why not? 7 MR. AFRAN: Could you repeat that? 8 I'm so sorry. 9 MR. WEISLEDER: I just wondered why 10 the folks in the condo association were given the 11 opportunity to have a balloon test or not but the 12 residents of Howell Drive, who's going to be closest 13 to Building D and have a stronger sight line, not be 14 included in that discussion. 15 MR. ANDERSON: I think it's a legal 16 issue in terms of who is included in the settlement 17 agreement, it's not -- it's not -- certainly not an 18 engineering issue that I've testified to. It's -- 19 the settlement agreement was between the distinct 20 parties and that's all -- 21 MR. WEISLEDER: I agree. 22 MR. ANDERSON: -- that was included, 23 it wasn't based on engineering. 24 MR. WEISLEDER: So would you be open 25 to doing a sight-line test or a balloon test on that

49 (Pages 190 to 193) Page 190 1 side of the property? 2 MR. ANDERSON: I... 3 MR. PLOCKER: No, first of all, it's 4 not Mr. Anderson's decision -- 5 MR. WEISLEDER: Okay. 6 MR. PLOCKER: -- and two, we're going 7 to rely on the settlement agreement and the 8 ordinance. 9 MR. WEISLEDER: We will rely on the 10 settlement agreement too. I'll pass the baton to my 11 next resident. Thank you. 12 CHAIRMAN BAGOFF: Thank you. Please 13 state your name and spell your last name for the 14 record, please. 15 MS. DePALMA: Maria DePalma, D-E 16 capital P-A-L-M-A. 17 CHAIRMAN BAGOFF: Thank you. 18 MS. DePALMA: I've been a resident of 19 the West Essex Highlands since 1996. 20 CHAIRMAN BAGOFF: Ma'am, pull the mic 21 up. Thank you. 22 MS. DePALMA: I've been a resident of 23 the West Essex Highlands since 1996. I'm an 24 original owner, I love it there, I feel safe there. 25 My question is, which I have many: During the Page 191 1 process of this maybe construction for this site, 2 how much machinery is going to be going in and out 3 each day and is the machinery going to be left on 4 our premises, because there's a lot of noise as it 5 is now and do we have to put up with this, I would 6 say for at least four to five years, and there's 7 going to be a lot of clay dust and I was told you 8 won't be able to open up your windows because it 9 will ruin the entirety of your home. So what is the 10 plan for the machinery? Is it going to be left on 11 our premises for you guys to do your construction 12 until you get a place to put everything? 13 MR. ANDERSON: All right, so I'm not 14 in charge of construction, I don't know how they're 15 going to approach the job. It would not be -- I do 16 know that there's a coordination requirement with 17 the association if there's any closure of roads or 18 any disturbances. 19 MEMBER OF THE PUBLIC: Can't hear you. 20 Talk a little louder. 21 MR. ANDERSON: Okay. 22 MEMBER OF THE PUBLIC: That's fine. 23 MR. ANDERSON: All right. So I don't 24 know exactly the equipment they are going to use or 25 the frequency they're going to use it, it will vary Page 192 1 from time to time. I would imagine that any 2 equipment that they have will be stored on their 3 site, not on your site, and they're obligated to 4 follow soil erosion sediment control standards if 5 there's dust of the intensity you're talking about, 6 it will be in violation of sediment

their 3 site, not on your site, and they're obligated to 4 follow soil erosion sediment control standards if 5 there's dust of the intensity you're talking about, 6 it will be in violation of sediment control 7 standards, and they would have to water the place to 8 keep the dust down. So there's mechanisms in place 9 to protect against some of the things you have. I 10 don't have the answers to the construction 11 questions. 12 MS. DePALMA: I can attest that my 13 window treatments were ruined by the red clay dust. 14 I could attest to that -- 15 MR. ANDERSON: Okay. 16 MS. DePALMA: -- so -- and that was 17 way back. Also, bringing my daughter to school 18 every day, now and in prior years, I can say that 19 there is an issue at times to get out of our complex 20 with people leaving for work at the same time, kids 21 going to school at several different times -- 22 CHAIRMAN BAGOFF: Ma'am, we're going 23 to have a traffic engineer and Mr. Anderson is not a 24 traffic engineer. 25 MS. DePALMA: Okay. Page 193 1 CHAIRMAN BAGOFF: So -- 2 MS. DePALMA: Okay. 3 CHAIRMAN BAGOFF: -- that's going to 4 answer most of your questions. 5 MS. DePALMA: Okay, then I had my 6 questions answered. Thank you. 7 MR. ANDERSON: Thank you. 8 CHAIRMAN BAGOFF: Thank you very much. 9 Welcome. State your name and spell your last name, 10 please. 11 MR. DOODNAUTH: Jeremy Doodnauth, 12 that's D-O-O-D-N-A-U-T-H. 13 I don't know if it was mentioned, but 14 what is the duration of the project from when you 15 break ground to when people actually move in? 16 MR. ANDERSON: I don't have an answer 17 to that. It's a variable -- 18 MR. DOODNAUTH: Estimate? 19 MR. ANDERSON: It would -- it's an 20 uneducated estimate. It depends on how the 21 contractor and the builder want to approach the job. 22 MR. DOODNAUTH: Okay. And the 23 parameters of the traffic study were done just on 24 this block of -- that's highlighted on this map? 25 MR. ANDERSON: The traffic engineer

50 (Pages 194 to 197) Page 194 1 will go over all -- how he -- how he scheduled his 2 -- what he did -- 3 MR. DOODNAUTH: Okay. Was it brought 4 to the Board that Kuzik and Warren all feed into one 5 road? 6 MR. ANDERSON: It -- 7 MR. DOODNAUTH: It all feeds into 8 Oval, everything goes to Oval. 9 MR. ANDERSON: Yes, and he will go 10 over all the traffic engineering considerations. 11 MR. DOODNAUTH: I just want to know if 12 it was brought to the attention of -- you know, your 13 map stops but it doesn't show where the major 14 roadways are that go in and out of this complex. 15 MR. ANDERSON: Um-hum. 16 MR. DOODNAUTH: Is it left out on 17 purpose or did you just feel it was irrelevant? 18 MR. ANDERSON: This is not a traffic 19 engineering study that considers the things that 20 you're concerned about. This is a site construction 21 plan. We have a traffic engineer who did a study 22 independent of me, all of those off-site 23 intersections that are relevant, and he will go over 24 that once he has an opportunity -- 25 MR. DOODNAUTH: Okay. Page 195 1 MR. ANDERSON: -- to testify. 2 MR. DOODNAUTH: You talked about the 3 sewer being attached to Bakley Terrace. 4 MR. ANDERSON: Yes. 5 MR. DOODNAUTH: I am a resident of 6 Bakley Terrace and we've had several pipes that have 7 broken in the last year, maybe three residents that 8 had to replace their pipes. That goes from the 9 house to the main that goes down the street. Has 10 anybody talked to anybody, the residents there, to 11 see if, you know, this can be handled by the 12 existing system? Have you -- you know, I know your 13 study isn't complete, but we already know that it's 14 already taxing. Have you talked to anybody that 15 lives on Bakley, have you talked to any of the 16 residents that still smell residual smells from the 17 sewer and what 500 units will do to that? 18 MR. ANDERSON: Well, this is a 19 discussion that we are -- we'll have with the 20 municipal engineer. I would suppose that if you had 21 broken lines and you reported smells to the 22 municipal engineer, then she will, in kind, bring up 23 those concerns with me when I'm discussing how we 24 tie in and how we discharge the flow. 25 MR. DOODNAUTH: I think you mentioned Page 196 1 before with the forest fire question that Bakley 2 Terrace will be an outlet. There is no outlet. 3 It's forest. You're not getting through to attack 4 -- 5 MR.

NAUTH: I think you mentioned Page 196 1 before with the forest fire question that Bakley 2 Terrace will be an outlet. There is no outlet. 3 It's forest. You're not getting through to attack 4 -- 5 MR. ANDERSON: Until we cut through 6 for the sewer line, the ten-foot -- 7 MR. DOODNAUTH: So where will the pump 8 station be placed for the sewer line. 9 MR. ANDERSON: Down on Road D, which 10 is down here (indicating) -- 11 MR. DOODNAUTH: Okay. 12 MR. ANDERSON: -- and Bakley Terrace 13 is up here. 14 MR. DOODNAUTH: So when you say -- 15 MR. ANDERSON: But we have to have a 16 force main, a two-inch force main. In order to do 17 that, we have to clear a line up here (indicating), 18 that's what these dashed lines are, the clearing, 19 and then through an existing easement that comes 20 into Bakley Terrace. 21 MR. DOODNAUTH: So when you say "cut 22 through," are you connecting vaguely in any which 23 way to your property? Like is there going to be a 24 road, a -- 25 MR. ANDERSON: No. Page 197 1 MR. DOODNAUTH: No roads or nothing. 2 MR. ANDERSON: It's just a clear area. 3 MR. DOODNAUTH: Now, if you're going 4 to be cutting through Bakley to build this, you 5 know, irrigation, that's coming through our -- 6 you're going to have construction vehicles going 7 through our street every day to do this? 8 MR. ANDERSON: No, not every day. 9 There will be a limited time period when they make 10 the sewer connection. 11 MR. DOODNAUTH: Okay. I just wanted 12 to know how that was going to affect the residents 13 of this area because, you know, we also have kids. 14 We live on this cul-de-sac because nobody can cut 15 through, it's a dead-end -- 16 MR. ANDERSON: Of course. 17 MR. DOODNAUTH: -- and that's why we 18 like it, so, you know, it should be addressed to us 19 that you're going to be cutting through our 20 property. 21 MR. ANDERSON: Oh, it will stay a 22 dead-end, there won't be vehicle traffic, it'll be a 23 steeper slope where a utility pipe has been put 24 underground. 25 MR. DOODNAUTH: Okay. I know

51 (Pages 198 to 201) Page 198 1 construction takes a long time so I appreciate your 2 answer. 3 CHAIRMAN BAGOFF: Thank you very much, 4 sir. Welcome. Please state your name and spell 5 your last name for the record, please. 6 MR. POLEYEFF: Good evening. Jacob 7 Poleyeff, P like in Peter, O, L, E, Y double F. I 8 liked "French fries," that was good. I never said 9 that before. 10 Good evening. So I had a couple of 11 questions. First I look at the map out there and 12 it's beautiful, it's clean and green and there's 13 nothing anywhere near anything and it looks like 14 nobody could possibly object to this plan. 15 Unfortunately, I received a letter which says it's a 16 legal notification about the application for an 17 extension of the previously issued letter, and it 18 came along with a diagram, which is not nearly as 19 nice as the one you have there. 20 The Building D over there basically 21 abuts the side of the property, there's a very, very 22 thin area of deer fencing on this version of it. On 23 the left-hand side, that little dipsy doodle in the 24 corner near that, I guess that's a brook, I guess, 25 is basically right up against the side of the Page 199 1 property, so which one is right? 2 MR. ANDERSON: Well, I believe they're 3 -- I'm not sure what you're looking at -- 4 MR. POLEYEFF: I'll show you -- 5 MR. ANDERSON: -- but they're probably 6 plans that we prepared for the wetlands application. 7 MR. POLEYEFF: Is that different than 8 the ones that we have here? 9 MR. ANDERSON: The same layout. 10 MR. POLEYEFF: Well, it's a different 11 map. 12 MR. ANDERSON: Well, I don't know what 13 was sent out to you. 14 MR. POLEYEFF: Would you like to look 15 at it? 16 CHAIRMAN BAGOFF: No, he doesn't want 17 to look at it. 18 MR. POLEYEFF: Okay, well, it's a 19 different map. 20 CHAIRMAN BAGOFF: Sir, this is the 21 presentation. Let's look at this. 22 MR. POLEYEFF: This is the 23 presentation, but that's not, unfortunately, the 24 plan. If it is the plan, then we don't have the 25 proper legal notice. Page 200 1 MR. PLOCKER: I don't know what the 2 notice -- I don't know what notice he is referring 3 to -- 4 CHAIRMAN BAGOFF: Okay. 5 MR. PLOCKER: -- so it's hard to -- 6 MR. POLEYEFF: Echo Sciences' 7 report -- 8 MR. PLOCKER: Okay. 9 MR. POLEYEFF: -- July 12, 2024. 10 MR. PLOCKER: Okay. 11 MR. POLEYEFF: This is not that plan. 12 CHAIRMAN BAGOFF: Okay, sir,

ard to -- 6 MR. POLEYEFF: Echo Sciences' 7 report -- 8 MR. PLOCKER: Okay. 9 MR. POLEYEFF: -- July 12, 2024. 10 MR. PLOCKER: Okay. 11 MR. POLEYEFF: This is not that plan. 12 CHAIRMAN BAGOFF: Okay, sir, one 13 second, one second. Mr. Plocker. 14 MR. PLOCKER: I'm not an expert with 15 DEP filings, I'll be the first one to admit that. 16 It's my -- Echo Sciences is my client's 17 environmental consultant. I believe they provided 18 the notice that is required under the -- 19 MEMBER OF THE PUBLIC: We can't hear 20 you. 21 MR. PLOCKER: -- DEP regulations with 22 respect to the filing of permit applications. Mr. 23 Anderson was not involved in that and I don't 24 believe he testified as to making those 25 applications. Page 201 1 CHAIRMAN BAGOFF: Okay. You got that 2 in the mail -- 3 MR. POLEYEFF: Got it in the mail. 4 CHAIRMAN BAGOFF: -- and you were 5 notified -- you got a legal notification from? 6 MR. POLEYEFF: Yeah, Echo Sciences. 7 Right? Legal notification that an application for 8 an extension letter of the previously issued letter 9 of interpretation has been submitted to the -- 10 CHAIRMAN BAGOFF: Right. 11 MR. POLEYEFF: -- New Jersey 12 Department -- and a map came with it -- 13 CHAIRMAN BAGOFF: Right. 14 MR. POLEYEFF: -- and it's not that 15 map. 16 CHAIRMAN BAGOFF: Okay. So this map 17 is more exacting than that map. The original map is 18 on the -- on our website, on the Planning Board 19 website -- 20 MR. POLEYEFF: Right. 21 CHAIRMAN BAGOFF: -- and that's part 22 of notice. It is noticed. 23 MR. POLEYEFF: So this is the map -- 24 this is not the map. 25 CHAIRMAN BAGOFF: It's not this map.

52 (Pages 202 to 205) Page 202 1 MR. POLEYEFF: No, I know it's not 2 that map, but which one is the map? 3 MR. PLOCKER: Chairman Bagoff, may -- 4 CHAIRMAN BAGOFF: That's for a permit. 5 That's for a DEP permit. Is that correct? 6 MR. PLOCKER: That is my understanding 7 and -- 8 CHAIRMAN BAGOFF: Okay. 9 MR. PLOCKER: I can say, and I'm sure 10 Mr. Anderson can back me up, that the application 11 that this Planning Board is considering as a part of 12 these proceedings is the one you see posted on the 13 screen. 14 CHAIRMAN BAGOFF: Right. So we're not 15 looking at the DEP permit. 16 MR. POLEYEFF: Okay. 17 CHAIRMAN BAGOFF: Okay? Different 18 thing. 19 MR. POLEYEFF: So we're dealing with 20 two maps. Okay, so question number two, if I may: 21 I believe at the beginning of the presentation that 22 you mentioned that this was going to be it. Okay? 23 So there was going to be no further development on 24 this area ever. Is that -- is that correct? 25 MR. ANDERSON: The requirement in the Page 203 1 settlement agreement is that the remaining property, 2 after this development is complete, is deed 3 restricted to not be developed in the future, and 4 that deed restriction would be in favor of the 5 Township of West Orange. 6 MR. POLEYEFF: I'm sorry. 7 MR. ANDERSON: The deed restriction 8 would be to the favor of the Township of West Orange 9 per the settlement agreement, so -- so we would not 10 have -- this applicant would not have control of 11 developing that 92 acres later. 12 MR. POLEYEFF: The developer would not 13 have control. 14 MR. ANDERSON: He would not be able to 15 develop it further. 16 MR. POLEYEFF: Okay. In any aspect. 17 In other words, it sure looks like, from Building D, 18 it would be nice to have a little road going through 19 Mayfair or Rosemont over there to get to Building D 20 real quick. 21 CHAIRMAN BAGOFF: Sir, that's not part 22 of the plan. 23 MR. POLEYEFF: That's not part of this 24 plan. 25 CHAIRMAN BAGOFF: That's correct. Page 204 1 MR. POLEYEFF: Or any plan. 2 CHAIRMAN BAGOFF: That's correct. At 3 this time, that's not part of any plan before the 4 Planning Board. 5 MR. POLEYEFF: And it's part of the 6 agreement not to develop it further. 7 CHAIRMAN BAGOFF: That's part of the 8 agreement. 9 MR. POLEYEFF: Thank you. 10 CHAIRMAN BAGOFF: Good evening. 11 MS. WHITE: Hello there. 12 CHAIRMAN BAGOFF: State your name and 13 spell your last

r. 7 CHAIRMAN BAGOFF: That's part of the 8 agreement. 9 MR. POLEYEFF: Thank you. 10 CHAIRMAN BAGOFF: Good evening. 11 MS. WHITE: Hello there. 12 CHAIRMAN BAGOFF: State your name and 13 spell your last name, please, for the record. 14 MS. WHITE: So a couple of comments, 15 questions. 16 CHAIRMAN BAGOFF: Could you state your 17 name and spell your last name for the record, 18 please? 19 MS. WHITE: Give me a second. I gotta 20 remember, I'm old. 21 CHAIRMAN BAGOFF: Me too. 22 MS. WHITE: The name is Barbara White, 23 I do live in West Orange. My neighbor over there 24 from Howell, I also live on Howell. So some of my 25 questions are relative to Howell itself and how it Page 205 1 plays out -- 2 (Public outburst) 3 MEMBER OF THE PUBLIC: You have to 4 press the button. 5 MR. FAGAN: No, you don't. You do not 6 have to press the button. 7 MS. WHITE: Well, it is on. Closer, 8 closer, closer. Is it working? Okay. I live on 9 Howell. So a couple questions. One, I come home 10 regularly to a half dozen deer on my front yard, 11 like yesterday, and I'm very curious, when the 12 environmental work was done, it appears you only 13 paid attention, quite frankly, not to the animals 14 but to the ground, so when I looked at what you just 15 said, it looks like you, based on your testimony, 16 roughly half of the property is going to be either 17 used for the buildings themselves or for the deer 18 fencing, which means 60 of your acres, are still -- 19 MR. ANDERSON: Yeah. 20 MS. WHITE: -- the deer can roam. So 21 I'm curious as to how that came about as part of the 22 settlement and also why there is a settlement that 23 says that -- that deer fence would be permanent. I 24 don't know what purpose it serves. 25 MR. ANDERSON: Why is it permanent?

53 (Pages 206 to 209) Page 206 1 MS. WHITE: Why is it permanent? 2 MR. ANDERSON: So it's to let the 3 understory grow and to be healthy and to keep it 4 from being overbrowsed in the future so that it can 5 be a healthy forest. 6 The deer fencing was felt to be 7 appropriate in the settlement agreement and we just 8 followed through with specifying some areas on the 9 plan that would be best suited to have additional, 10 you know, shrub growth and sapling growth, more root 11 zones protection, particularly the steep slopes to 12 the east of the site next to where your property 13 is -- 14 MS. WHITE: Okay. 15 MR. ANDERSON: -- so that -- so that 16 you could avoid things like erosion and stormwater 17 runoff. 18 MS. WHITE: Okay, I got that. So with 19 that, what you're also saying is there were no 20 provisions made at all for what happens to the 21 animals who now have one half of their habitat, from 22 what you just said. 23 MR. ANDERSON: That is not something 24 that was under my purview. 25 MS. WHITE: Okay. All right. So my Page 207 1 other question -- it's not even a question -- in 2 your testimony, you mentioned that in your 3 conversations where the water service lines would be 4 coming out at Howell -- 5 MR. ANDERSON: Yes. 6 MS. WHITE: -- and that those 7 conversations would take place with West Orange? 8 MR. ANDERSON: They would -- it's 9 common to loop water systems into multiple streets 10 -- 11 MS. WHITE: Okay, so -- 12 MR. ANDERSON: -- in different zones 13 -- 14 MS. WHITE: Okay. 15 MR. ANDERSON: -- and that's what 16 we've done. 17 MS. WHITE: Um-hum. 18 MR. ANDERSON: So we come out to -- 19 connect to the main at the end of Howell and also 20 connect to the ones in Warner and Kuzik Drive. 21 MS. WHITE: Okay. My question, 22 really, is, I live on Howell, I live in West Orange 23 on the Verona border, as my neighbor is, so I'm just 24 curious whether or not this is something you have to 25 work out with the Town of Verona or is it West Page 208 1 Orange? Because I'm right there almost at the 2 cul-de-sac. 3 MR. ANDERSON: I missed half of what 4 you said, I'm sorry, ma'am. 5 MS. WHITE: I'm trying to determine 6 whether or not your conversations are, in fact, with 7 the Town of West Orange or the Town of Verona. 8 Verona supplies my water, the neighbors going into 9 the cul-de-sac, et cetera, the nearest fire hydrant 10 is Verona, so just, again, is