August 14, 2024 Planning Board Special Meeting Transcript - WEHI

55 (Pages 214 to 217)55 (Pages 214 to 217) Page 214 1 emergency access. It shows on the picture but I 2 think you know what I'm talking about, not 3 necessarily going up the slope but the actual 4 emergency access. Is that location going to be used 5 for construction vehicles or any construction? 6 MR. APPEL: I don't -- I don't believe 7 so, but I'm going to say the construction team would 8 be the one to opine on -- on that, but I'm not aware 9 of any. 10 MR. LATERZA: So we have a 11 construction team that'll also be testifying at some 12 point? 13 MR. APPEL: It really would be the 14 developer, the site engineer. 15 MR. LATERZA: I thought that might be 16 the case, but okay, you know, that's, I think, of 17 paramount importance to the people who live in the 18 town that is not represented here, Verona, who also 19 shares Howell Drive, so we would like to know, you 20 know, when -- if construction vehicles are going to 21 be driving down our roads that we did not approve 22 that -- 23 MR. APPEL: I'm not aware that that 24 would be, you know, the location would be coming up 25 from the main -- the main roadway. Page 216 1 and preliminary and final site plan applications 2 consisting of five acres or more shall be 3 accompanied by an environmental impact statement." 4 So -- 5 (Someone sneezes) 6 CHAIRMAN BAGOFF: Bless you. 7 MS. BENNETT: -- is that no longer 8 required? 9 CHAIRMAN BAGOFF: Mr. Plocker. 10 MR. PLOCKER: (Inaudible) 11 CHAIRMAN BAGOFF: Sure. 12 MS. BENNETT: So I'm asking the 13 Chairman, is that not required? 14 VOICE: (Inaudible) 15 MS. BENNETT: I understand that he's 16 looking something up, but I'm trying to understand 17 how this Board is convened and costing the taxpayers 18 money and you -- I saw a head shaking in the 19 negative. Mr. Fagan cost the -- Mr. Fagan cost the 20 taxpayers money and others who are here, the police 21 officers cost the taxpayers money, and the building 22 being on cost the taxpayers money. I understand you 23 all are donating your time, but why are you hearing 24 an application that does not have what is required 25 in order for this to get in front of the Board? I'm Page 215 1 MR. LATERZA: I think someone should 2 be able to give clarification on that at some point. 3 Okay, thank you. 4 CHAIRMAN BAGOFF: I'm going to ask 5 that the last two people standing -- the last two 6 people standing will be the last two

2 be able to give clarification on that at some point. 3 Okay, thank you. 4 CHAIRMAN BAGOFF: I'm going to ask 5 that the last two people standing -- the last two 6 people standing will be the last two people asking 7 questions this evening and then I think the 8 applicant is going to ask for a special -- another 9 special in September. 10 Ma'am, go right ahead. 11 MS. BENNETT: Thank you, Chairman 12 Bagoff. Do I need to do my name again or -- 13 CHAIRMAN BAGOFF: Just -- yeah, say -- 14 MS. BENNETT: Micaela Bennett, 15 B-E-N-N-E-T-T. 16 CHAIRMAN BAGOFF: Thank you. 17 MS. BENNETT: Just one really fast 18 question. So I'm reading from the township code and 19 it says that the environmental impact analysis -- 20 hold on. I know that you -- just bear with me. I 21 gotta scroll down to "applicability." So this is 25 22 -- 25-13.1. And then I'm going to scroll down to 23 "Applicability," which is .3. 25-13.3, 24 "Applicability." And it says, at B, "All 25 preliminary and final major subdivision applications Page 217 1 not asking the applicant and counsel -- 2 MS. McGOVERN: The ordinance which has 3 been tasked for this site specifically states 4 "Development of tract shall be exempt from all bulk, 5 design and environmental regulations of the West 6 Orange land use regulations ordinances unless 7 otherwise indicated" -- 8 MS. BENNETT: Ms. McGovern -- 9 MS. McGOVERN: -- herein." 10 MS. BENNETT: Sorry, I'm having a hard 11 time hearing you. 12 MS. McGOVERN: The ordinance that 13 applies to this property -- 14 MS. BENNETT: Yes. 15 MS. McGOVERN: -- specifically exempts 16 them from that legislation and that ordinance that 17 you just read. 18 MS. BENNETT: So this applicant does 19 not need to do an environmental impact analysis? 20 They're on a steep slope, they're on a ridgeline -- 21 MS. McGOVERN: Those are all -- 22 MS. BENNETT: -- on -- 23 MS. McGOVERN: -- (indiscernible). 24 MS. BENNETT: -- resource-valued 25 wetlands, and you're saying that -- and all these