July 31, 2024 Planning Board Special Meeting Transcript - WEHI

9 (Pages 30 to 33) Page 30 1 record, you said it, we don't want to hear anything 2 about it because it is not part of this application. 3 MR. AFRAN: Fully understood. I'm not 4 even asking you to evaluate it, but I don't want to 5 be in a position later of someone saying "We never 6 said there was an earlier settlement; therefore, the 7 2020 is the only one that's cognizable in this whole 8 set of cases. I just want to be clear that we 9 preserve the position that that is binding and it's 10 a legal matter for the courts, but I don't want to 11 be seen as neglectful in not stating that position 12 here. 13 CHAIRMAN BAGOFF: I appreciate it, I 14 appreciate both sides. 15 Ladies and gentlemen of the public, 16 what's happening here is two attorneys are 17 expressing their views of settlement agreements that 18 the Board is not participant in on either side. The 19 goal of the Board is to hear the information on this 20 application, that's it. All information flows to 21 us, we did not participate in the settlement 22 agreement; however, we understand there are many out 23 there. The application before us is for a plan, 24 we're going to evaluate the plan with the experts 25 from the applicant and from our experts and come to Page 31 1 a conclusion, including your public comments going 2 forward. Mr. Plocker. 3 MR. PLOCKER: Yeah, just very briefly. 4 Irrespective of who's actually a party to the 5 settlement agreement, because the settlement 6 agreement addresses the settlement amount or a 7 litigation, and the settlement agreement and 8 ordinance propose an inclusionary development. 9 There are certain state regulations which do apply 10 to this Board, and I'm not going to go into detail 11 now, you have very capable counsel, but those are 12 the types of regulations that say the municipal 13 development application review process is pretty 14 limited; you need to look to see if the proposed 15 application complies with the Court-approved zoning 16 and, in addition, imposes an obligation to cooperate 17 with the applicant, such as granting reasonable 18 variances. So those regulations are very real and 19 do exist, regardless of whether the Land Use Board 20 is a party to the settlement agreement. 21 CHAIRMAN BAGOFF: The Court said, and 22 I will just give my -- and counsel can weigh in on 23 this, the Court said that the township adopted a 24 zone plan. The

a party to the settlement agreement. 21 CHAIRMAN BAGOFF: The Court said, and 22 I will just give my -- and counsel can weigh in on 23 this, the Court said that the township adopted a 24 zone plan. The Court didn't adopt a zone plan, it 25 agreed that all parties will have a zone plan. We Page 32 1 have reviewed it, the township Council has adopted 2 it, it is part of our Master Plan, so we are looking 3 at this application as though it is part of our 4 Master Plan, which it shall be, and that's the way 5 we look at it going forward, for the public. 6 Mr. Afran, you want to say something. 7 MR. AFRAN: Yes, thank you. I just 8 want to note our view that Mount Laurel issues, 9 whatever may have been decided in a Mount Laurel 10 fairness hearing, does not extend to this 11 application, it does not govern this Board. The 12 Mount Laurel decision in a court is extremely 13 limited to solely questions of fairness in 14 affordable housing. It does not presume a project 15 will be built, it only says if it's built, if it's 16 approved, if it meets the law, then these hundred 17 units could count towards the fair share goal. It 18 does not mean it must be built, it does not direct 19 this Board, and I would not like to have any 20 misunderstanding, because reference to Mount Laurel 21 and regulations has just been made. We're now 22 getting off the point, but I can't be silent each 23 time the applicant's counsel suggests there's this 24 outside set of regulations that govern it. 25 CHAIRMAN BAGOFF: I would say that the Page 33 1 Board feels no pressure. 2 MR. AFRAN: Thank you. 3 CHAIRMAN BAGOFF: Thank you. 4 COUNCILMAN RUTHERFORD: Mr. Chairman? 5 CHAIRMAN BAGOFF: Council President. 6 One second, sir. Yes, sir. 7 COUNCILMAN RUTHERFORD: So now I'm a 8 little confused. I've heard both sides and I 9 probably won't get an official answer tonight but I 10 would like our Board attorney, Ms. McGovern, to 11 weigh in -- it doesn't have to be in realtime right 12 now -- about whether or not we are, as the Planning 13 Board, bound by the settlement agreement, and 14 further, there's some reference to an ordinance 15 being included into the Master Plan. Is that the 16 one from 2020, is that what we're... 17 CHAIRMAN BAGOFF: Yes, sir, it's IH-1, 18 inclusionary zone. 19 COUNCILMAN RUTHERFORD: So I'll need 20 the Board attorney to also weigh in as to propriety 21 of relying on

020, is that what we're... 17 CHAIRMAN BAGOFF: Yes, sir, it's IH-1, 18 inclusionary zone. 19 COUNCILMAN RUTHERFORD: So I'll need 20 the Board attorney to also weigh in as to propriety 21 of relying on that given the questions about the 22 timing of the filing of that particular ordinance. 23 Unless I'm speaking about something different, it's 24 my understanding that there was an ordinance 25 properly passed by the Town Council in 2020 but was