July 30, 2024 Planning Board Special Meeting Transcript - WEHI

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.