July 30, 2024 Planning Board Special Meeting Transcript - WEHI

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.