July 30, 2024 Planning Board Special Meeting Transcript - WEHI

27 (Pages 102 to 105) Page 102 1 wasn't really my question. My question is simply: 2 Why is Kuzik Road being closed, what's the reason? 3 MR. PLOCKER: Okay, that is an easy 4 answer and I'll address everybody here. The 5 settlement agreement is between the Township of West 6 Orange, the applicant and the West Essex -- the 7 Highlands Condominium Association. Attached to the 8 settlement agreement were many terms and conditions 9 which were negotiated specifically between the town, 10 my client and the condominium association. One of 11 those terms was the association expressed a desire 12 not to have traffic for the proposed development 13 traverse Kuzik Drive; therefore, as part of the 14 settlement agreement, we agreed to submit a site 15 plan application which had Kuzik Drive open but that 16 we would seek a de minimus exception or waiver or 17 whatever would be required to close off Kuzik to 18 emergency access and only allow emergency access. 19 MR. AFRAN: I appreciate counsel's 20 explanation. 21 Now, is it fair to say -- and if 22 counsel wishes to answer, that's certainly fine. I 23 don't mean that sarcastically. Is it fair to say 24 that this settlement agreement did not get put up 25 for public discussion before this Board so that Page 103 1 these good people could comment on the question of 2 so little actual access for all of these vehicles? 3 MR. PLOCKER: I can address that. 4 Obviously, there was a pending Mount Laurel 5 declaratory judgment litigation that was filed by 6 the Township of West Orange which sought compliance 7 with their Third Round affordable housing 8 obligation. The Planning Board was not a party to 9 that litigation and was not required -- 10 CHAIRMAN BAGOFF: Excuse me. Speak up 11 a little bit more. 12 MR. PLOCKER: Oh, I'm sorry. 13 CHAIRMAN BAGOFF: That's okay. 14 MR. PLOCKER: The litigation that was 15 filed was filed by the Township of West Orange, it 16 is what we call a declaratory judgment action. 17 Towns who are looking to voluntarily comply with 18 their Third Round Mount Laurel affordable housing 19 obligation were given the option to file that type 20 of lawsuit by July of 2015 pursuant to a Supreme 21 Court ruling. Many towns filed them, West Orange 22 was one of them. The Planning Board was not a party 23 to that case. My client, as a developer owning 24 property in town, successfully intervened in that 25

ing. Many towns filed them, West Orange 22 was one of them. The Planning Board was not a party 23 to that case. My client, as a developer owning 24 property in town, successfully intervened in that 25 litigation along with the Fair Share Housing Center, Page 104 1 who is the public -- the organization nonprofit who 2 kind of serves as the public advocate for the 3 protected class of those people who are in need of 4 the housing units. 5 The negotiations and the mediation 6 sessions were conducted with the association. My 7 client, the township, Fair Share Housing Center, in 8 connection with the court-appointed Special Master, 9 the settlement agreement was borne out of those 10 negotiations. The Planning Board was not a party to 11 that case. There was no public process before the 12 Planning Board in connection with the settlement 13 agreement and none was required; however, when the 14 zoning ordinance was introduced by the township 15 counsel pursuant to their obligation under the 16 settlement agreement, which was required by a court 17 order, that went through the normal process, the 18 ordinance was introduced, and eventually, there was 19 a discussion held on second reading before the 20 Council adopted that ordinance. In between the 21 reading -- the first reading and the second reading, 22 it was referred to the Planning Board, which is 23 required by law. 24 MR. AFRAN: It hasn't been before this 25 Board on a site plan application, I think we can Page 105 1 agree on that, correct? 2 MR. PLOCKER: I'm sorry, I didn't hear 3 the question. 4 MR. AFRAN: It has not come before -- 5 am I on? 6 MR. FAGAN: Yes. 7 MEMBER OF THE PUBLIC: Yes. 8 MR. AFRAN: It has not come before 9 this Board in a site plan application. That's 10 correct, right? 11 MR. PLOCKER: What has not come before 12 this Board? I just want to make sure the record is 13 clear. 14 MR. AFRAN: The element of the 15 settlement agreement recommending the closing of 16 Kuzik. 17 MR. PLOCKER: That was not discussed 18 by this Board before the settlement agreement was 19 signed and approved by the Board. 20 MR. AFRAN: I appreciate that. Thank 21 you. Now, you would agree that this Board is not 22 bound to that provision in the settlement agreement; 23 is that a fair concession I can ask of the 24 applicant? 25 MR. PLOCKER: I'm not sure what the