July 30, 2024 Planning Board Special Meeting Transcript - WEHI

55 (Pages 214 to 217) Page 214 1 put up additional apartment buildings, to fulfill an 2 obligation perhaps, on those other 85 or 90 acres, 3 there's nothing in that deed restriction that can't 4 be amended by West Orange and the developer. 5 MR. ANDERSON: Well, that's a legal 6 question, I'll let Bryan address that because I 7 don't know legally what can be done. My 8 understanding was that it was to be preserved in 9 perpetuity, but I don't know legally whether that is 10 a hundred percent correct. Bryan will address that 11 or somebody. 12 MR. PLOCKER: Thank you for the 13 comment, Mr. Mayor. I'm going to review the 14 settlement agreement. I know this is Mr. Anderson's 15 questioning. I have no problem with me addressing 16 it. I don't want to misspeak, I would like to 17 review the settlement agreement. 18 MR. DAVIS: Okay, but just to be 19 clear, it's not just the settlement agreement, this 20 is a question of New Jersey law, basically, where 21 you're saying "Who can amend a deed restriction?" 22 The covenant you're talking about runs in favor os 23 West Orange; the answer is West Orange can amend it. 24 So that means a future Council or a future Planning 25 Board can approve a development of this property, Page 215 1 including what is currently preserved as open space. 2 The other way you could do it, as a 3 Planning Board perhaps, with counsel, is you could 4 have that type of deed restriction run in favor of 5 residents around the property; that way, they and 6 their successors could enforce it. So, you know, 7 the question for the developer is basically: Would 8 you be willing to adopt that enforcement mechanism, 9 which would actually preserve the remainder of this 10 property as open space in perpetuity? 11 MR. ANDERSON: That's definitely a 12 question for the developer and his legal counsel. 13 MR. PLOCKER: It is a legal question, 14 Mr. Mayor, and one that we will look into and take 15 seriously. I don't want to misspeak, I would like 16 to consult with my client, and we certainly can have 17 an open line of communication with you, but we will 18 look at the settlement agreement. 19 MR. DAVIS: Okay, thank you. 20 MR. PLOCKER: Thank you. 21 MR. DAVIS: Just one other question. 22 You mentioned some of the other buildings, there's a 23 clubhouse and I think there was reference to a 24 maintenance building and a dog park, I don't know if 25 there's

S: Just one other question. 22 You mentioned some of the other buildings, there's a 23 clubhouse and I think there was reference to a 24 maintenance building and a dog park, I don't know if 25 there's a building associated with the dog park. Page 216 1 When you're talking about the parking space, there's 2 roughly a hundred-plus additional parking spaces 3 that are not associated with the residential 4 building. Is there any anticipated use by 5 nonresidents, members of the public generally, to 6 the clubhouse, for instance, renting out the dog 7 park? Is this a residential use or is this sort of 8 for the general public, meaning other traffic's 9 coming into the property? 10 MR. ANDERSON: So my understanding is 11 it's primarily for the residents here, but it is 12 going to be opened for -- the dog kennel will be 13 open for other people in the community. I don't 14 know the extent of that, but that's the way it's 15 been described to me. The clubhouse itself, I don't 16 think they're far enough along to understand how 17 they're operated, whether they'll rent it out for 18 events or not. I presume they could. We do have 55 19 parking spaces there and then 40 in the lower garage 20 on Building C. That would be only available when 21 they had an event, so I believe events will be -- 22 CHAIRMAN BAGOFF: I'm sorry, Mr. 23 Anderson, will you speak into the mic, please? 24 MR. ANDERSON: I'm sorry, Mr. 25 Chairman. Page 217 1 MEMBER OF THE PUBLIC: We can't hear 2 anything. 3 MR. DAVIS: I heard you. 4 MR. ANDERSON: You heard me, okay. So 5 we don't know if events, we're not quite there yet, 6 but it is possible. 7 MR. DAVIS: And I guess, Mr. Chairman, 8 I'll just ask you the question. Is a planner going 9 to testify on behalf of the applicant to address 10 questions about use such as this one? 11 CHAIRMAN BAGOFF: Not tonight. 12 MR. DAVIS: Not tonight, but as part 13 of your consideration of this application -- 14 CHAIRMAN BAGOFF: Yes, sir. 15 MR. DAVIS: Are you going to take 16 testimony from a planner and have your own planner 17 opine on whether that's a permitted use? 18 CHAIRMAN BAGOFF: Yes, and we will 19 have a legal discussion between the applicant, the 20 attorney and the township about deed restriction. 21 MR. DAVIS: And a public -- not the 22 deed restriction, this is a question of permitted 23 use. The second question I was -- we were just 24 talking

ttorney and the township about deed restriction. 21 MR. DAVIS: And a public -- not the 22 deed restriction, this is a question of permitted 23 use. The second question I was -- we were just 24 talking about is not a deed-restriction question; 25 it's a question of are outsiders, meaning