July 30, 2024 Planning Board Special Meeting Transcript - WEHI

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,

ZO 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, who represents the applicant, to join us. 18 MR. PLOCKER: Thank you very much, 19 Chairman Bagoff, Madam Mayor, members of the Board. 20 Good evening, it's a pleasure to be here. My name 21 is Bryan Plocker, I'm with the law firm of Hutt, 22 Shimanowitz & Plocker in Woodbridge, New Jersey. I 23 represent the applicant, West Essex Highlands, Inc. 24 Chairman Bagoff, you really stole my 25 thunder. Much of what you were going to say, I was Page 17 1 going to address the Board with, so I will make my 2 comments brief before we get going with our first 3 witness. I know brevity is sometimes appreciated. 4 I do appreciate the Chairman's 5 reference to the township's declaratory judgment 6 lawsuit which was ultimately settled in this matter 7 and from which our settlement agreement and the 8 ultimate IH-1 zoning ordinance was born. That was 9 the product of many, many mediation sessions down 10 the hall here with the township's professionals 11 representative my client, Fair Share Housing Center, 12 and the court-appointed Special Master. As a result 13 of countless sessions and follow-up communications, 14 the township ultimately settled its overall Third 15 Round affordable housing obligation and did receive 16 a follow-up judgment in its favor in that action. 17 Just a couple of the salient points of 18 what drove those negotiations that wound up in our 19 zoning ordinance and, accordingly, in our plan 20 today, is that the town was insistent that the 21 disturbance of this 120-1/2-acre site be limited to 22 no more than 30 acres and we are proud to say that 23 our plan comes in under that. The remaining 90-plus 24 acres, as is provided for in the settlement 25 agreement, will be deed restricted by my client as