August 14, 2024 Planning Board Special Meeting Transcript - WEHI

36 (Pages 138 to 141)36 (Pages 138 to 141) Page 138 1 MR. DOODNAUTH: Then I would just say 2 throwing the catch phrase and the buzz word "green" 3 around should have accreditation to it. That's it. 4 Thank you. 5 CHAIRMAN BAGOFF: Thank you. Mr. 6 Afran. 7 MR. AFRAN: Yeah, my client just asked 8 me to clarify a point based on the colloquy we just 9 had. 10 We understand that the ordinance as it 11 stands now is what governs the Board, of course. We 12 have legal challenges to that ordinance that are for 13 another forum. And as also mentioned at the last 14 meeting, we believe a 2004 settlement precludes the 15 developer from doing this anyway. So when I address 16 the zoning ordinance governs, to the extent it's 17 enforced, that's our position, but -- in other 18 words, our position is that you need to adhere to 19 the zoning ordinance in force now. Our position is, 20 legally, it may be defective and illegal, but that's 21 for another forum. I just want to reserve that 22 position. I don't want to seem like I'm conceding 23 those points by accident. 24 CHAIRMAN BAGOFF: No problem. 25 MR. AFRAN: Thank you very much. Page 140 1 we'd like you to ask questions of the architect 2 based on his testimony, please. 3 MR. FRESCHI: I understand, it just 4 seems like that's -- when is that time to ask -- 5 CHAIRMAN BAGOFF: As soon as everybody 6 has testified, all testimony's in, and Mr. Afran may 7 or may not present his experts; at the end of 8 everything, we will ask for public comment. And it 9 will be posted on the township website. 10 MR. FRESCHI: Thank you. 11 CHAIRMAN BAGOFF: Thank you, sir. 12 Welcome. State your name and spell 13 your last name for the record, please. 14 MR. FRESCHI: Good evening. My name's 15 Jonathan Redwine, R-E-D-W-I-N-E. I'm from West 16 Orange. I just have a couple of comments for you, 17 the architect. 18 Are you aware of the applications that 19 your client has made to the Department of 20 Environmental Protection? 21 MR. APPEL: On a peripheral basis. 22 CHAIRMAN BAGOFF: I'm sorry, could you 23 -- could both parties speak up a little bit? The 24 people in the back can't hear. 25 MR. REDWINE: Sorry, do you want me to Page 139 1 CHAIRMAN BAGOFF: Thank you, sir. 2 Come on up sir, spell your name for the 3 record, please. 4 MR. FRESCHI: Yeah, David Freschi, 5 F-R-E-S-C-H-I, Verona. 6 My question is directed to the Board 7 and any Council

AGOFF: Thank you, sir. 2 Come on up sir, spell your name for the 3 record, please. 4 MR. FRESCHI: Yeah, David Freschi, 5 F-R-E-S-C-H-I, Verona. 6 My question is directed to the Board 7 and any Council members that are here. While I 8 understand West Orange needs to address its 9 affordable housing obligations, this project is so 10 flawed for so many different reasons, I'm perplexed 11 as to how we even got this far. So how does the 12 Council and the Board see it in their -- in the best 13 interest of anyone other than the developer? It's 14 not even in the best interest -- 15 CHAIRMAN BAGOFF: Sir, can I -- I 16 don't mean to interrupt, but this is public comment. 17 At this time, it's time -- 18 MR. FRESCHI: Right. 19 CHAIRMAN BAGOFF: What you're saying 20 is public comment. 21 MR. KLEIN: Oh. 22 CHAIRMAN BAGOFF: At this time, I'd 23 ask you to ask a question of the architect. I 24 understand what you're saying and there's a time in 25 the process for that, absolutely, but at this time, Page 141 1 repeat the question? 2 CHAIRMAN BAGOFF: (Chairman nods.) 3 MR. REDWINE: Okay. Are you aware of 4 your client's applications to the Department of 5 Environmental Protection? 6 MR. APPEL: Peripherally. 7 MR. REDWINE: And have you dealt with 8 designs and plans that you've made before that have 9 had pending applications before the Department of 10 Environmental Protection? 11 MR. APPEL: There's a number of 12 projects that had requirements for either submission 13 or approvals at the DEP. 14 MR. REDWINE: Okay, so what's the 15 DEP's roles to your client's application to that 16 body? Is it possible that your plans that you've 17 created may need to change? 18 MR. APPEL: I could not -- I could not 19 have imagined that, but it's a little outside of -- 20 of my expertise to know what items would be 21 triggered from DEP. You know, am I aware of 22 anything? No. 23 MR. REDWINE: Have you ever needed to 24 change architectural plans that you've made on 25 behalf of a client as a result of any sort of