September 11, 2024 Planning Board Special Meeting Transcript - WEHI

nt.9 THE WITNESS: Oh, within the development.10 It's on the plans. It is a, crosswalks are a brick, a11 brick paver is the crosswalk and there's details on the12 plans for that. So it's more than just crosswalk paint,13 it's actually a differentiated paver at the crosswalks.14 MS. KAPFERER: Are they raised at all or are15 they --16 THE WITNESS: Deferring to Mr. Anderson.17 He's saying no, we're keeping them at level. Generally18 we look, because of the way we have the cartway set, the19 20 foot cartway, that's a naturally slowing feature, so20 I don't think we need to have raised crosswalks in this21 situation. The benefit of raised crosswalks is it can22 slow traffic if you have like a 40 foot cartway it has a23 benefit to it. But the downside always is emergency24 services tend not to like them and they get beat to hell25

09/27/2024 06:14:01 AM Page 117 to 120 of 180 30 of 71 sheets 117 by snowplows.1 MS. KAPFERER: One comment about the2 crosswalks. I feel like maybe red brick paver versus3 white paint, what's more visible. Just putting it out4 there for consideration. Maybe lots of people have5 their own opinions about that and safety. And also6 maintenance, sometimes the brick doesn't tend to hold7 up.8 THE WITNESS: It's a challenge for us9 because every jurisdiction is different. Some10 jurisdictions like the heavy ladder style crosswalks.11 Some jurisdictions love the pavers and some just want12 the simple two 12 foot, ten-inch crosswalk lines. In13 this case we're proposing the pavers. We think it14 works. It will be -- it'll enhance the, you know, the15 community. These are low speed, the roads are16 discontinuous, we don't have public traffic driving17 through here, you know, so from that standpoint and the18 maintenance is all on the clients.19 MS. KAPFERER: Could you consider putting20 white stripes on the sides?21 THE WITNESS: On the side of the pavers?22 MS. KAPFERER: Yeah.23 THE WITNESS: Sure.24 MS. KAPFERER: Are you aware that West Essex25 118 or that West Orange has a Zero Vision Action Plan?1 THE WITNESS: I haven't specifically2 reviewed it, but the Vision Zero Action Plan is pretty3 much state wide. Everybody is adopting those types of4 situations. Our intent as engineers is to maximize5 safety, reduce accidents, particularly deaths. And, you6 know, certainly the installation and design of the7 traffic signals is going to go a long way towards8 providing that safety.9 In terms of the site plan, I think it's well10 designed to provide that environment that's appropriate11 for pedestrians, bike and vehicular safety.12 MS. KAPFERER: One comment about the action13 plan is that there's a high injury network that's14 referenced, studies done about where the high injury15 crashes tend to be in West Orange and the topic of the16 report is actually Laurel Avenue and Eagle Rock.17 THE WITNESS: Eagle Rock.18 MS. KAPFERER: Yeah. So might be worth19 taking a look at that.20 THE WITNESS: Yeah, so associated with the21 design of the signal we are, and we did study that22 intersection so that we understood the operation. We23 will be adjusting the signal operation. We are24 lengthening the left turn lane to Laurel Avenue and the25 119 county has expressed an interest if

ntersection so that we understood the operation. We23 will be adjusting the signal operation. We are24 lengthening the left turn lane to Laurel Avenue and the25 119 county has expressed an interest if there's other1 updates to this signal, they're likely be asking us to2 do that. The two signals will be coordinated so that3 they operate nicely.4 MS. KAPFERER: I believe when we were5 looking at Building D3 there were a couple of ADA spaces6 that were across from the main entrance. Can you, can7 you describe how -- is it marked or anything? People8 who might use those spaces, how are they designated.9 THE WITNESS: If you look across the way10 where that little arrow is coming out of the front,11 right below the two spaces, ADA spaces. That is a12 depressed handicapped ramp at that location. So someone13 that ingresses any of those spaces would use that14 handicapped ramp to enter to the sidewalk.15 MS. KAPFERER: Okay.16 So the closest entrance is just crossing the17 street there and using that?18 THE WITNESS: Correct.19 MS. KAPFERER: Okay.20 I think that's all I have. Thank you so21 much.22 CHAIRMAN BAGOFF: One thing I asked for the23 last meeting was, are you putting in Jitney stops along24 the way?25 120 THE WITNESS: I'll refer to the owner on1 that.2 Yes.3 CHAIRMAN BAGOFF: Thank you.4 Okay. We'll work on that.5 Mr. Rizzo, do you have any comments and6 questions?7 MR. RIZZO: Yes, just a few things, Mr.8 Chair.9 Mr. Pehnke, I have few questions regarding10 Kuzik Drive. I have a few questions regarding Kuzik11 Drive at the end. The gate that you're showing on the12 plan, is that what you're actually proposing to use for13 emergency. The gate at the end of Kuzik Drive, that's14 for emergency purposes only and what you're showing on15 the plan is what you're proposing tonight, correct?16 THE WITNESS: That is what is on the plans17 tonight, subject to any suggestions otherwise.18 MR. RIZZO: Okay.19 And will that have like a Knox Box? And20 then, is that the plan that's been submitted to police21 and fire that they're reviewing as far as emergency22 access goes?23 THE WITNESS: It would be typical to have a24 Knox Box. I haven't been involved with any -- I haven't25

31 of 71 sheets Page 121 to 124 of 180 09/27/2024 06:14:01 AM 121 been involved in direct coordination with police and1 fire at this point.2 MR. RIZZO: Okay.3 Well, I'll just make the recommendation4 police and fire get the latest plan that shows how they5 would get in and out of the development.6 And then you were mentioning the exception7 from RSIS. Are you formally submitting anything to the8 DCA or are you requesting that from the board, the9 exception?10 THE WITNESS: Well, as I indicated the board11 actually has the purview to make that decision, absent12 the formal request. The only reason why we submitted13 the formal request is because it was in the Settlement14 Agreement.15 MR. RIZZO: I'm sorry, when you say,16 submitted the formal request, you mean to the board?17 THE WITNESS: To the board.18 MR. RIZZO: Okay. Thank you.19 THE WITNESS: The way it is the board has20 the power to grant the de minimus exception. It's just21 a record that's sent to the DCA. The DCA doesn't either22 approve it or deny it, they just -- they get a record23 that the board took action.24 MR. RIZZO: Okay. I just want to confirm25 122 whether you filed. That clears it up.1 Thank you.2 CHAIRMAN BAGOFF: Mr. Haizel, do you have3 any questions?4 MR. HAIZEL: Not at this time.5 CHAIRMAN BAGOFF: Okay.6 We're going to take a ten-minute break.7 (Whereupon, a short recess is taken.)8 CHAIRMAN BAGOFF: Okay.9 Now, in an orderly fashion you may come up.10 Members of the public, please come up and ask questions.11 Please come up, state your name for the record and you12 may ask questions based on the testimony.13 Yes, sir. Go right a head.14 THE PUBLIC: Thank you very much.15 My name is Keith Loughlin, L-O-U-G-H-L-I-N.16 I'm with the law firm of Ingelsino Taylor. I'm here on17 behalf of my client, Essex Fells Country Club. Just a18 few quick questions.19 Can you confirm whether the applicant has20 any plans or need to acquire any property from the Essex21 Fells Country Club in connection with any of the22 proposed off-site street improvements?23 THE WITNESS: Yes, neither plans nor the24 need to acquire.25 123 THE PUBLIC: Thank you.1 To the extent that that changes and the need2 arises, we would object to any work on our property3 associated with this project in the absence of a4 negotiated agreement, which has not occurred.5 Thank you.6 CHAIRMAN BAGOFF: Thank you, sir.7 MR. PLOCKER: Thank

ld object to any work on our property3 associated with this project in the absence of a4 negotiated agreement, which has not occurred.5 Thank you.6 CHAIRMAN BAGOFF: Thank you, sir.7 MR. PLOCKER: Thank you.8 CHAIRMAN BAGOFF: Any other members of the9 public have questions?10 Please come up, state your name for the11 record.12 THE PUBLIC: My name is Richard Baum. I'm a13 resident of West Orange, New Jersey.14 My questions are more on Oval Road. You15 addressed some of the access issues on Warner but you16 really didn't address Oval Road that much. I assume17 that the need for a transportation shed at the end of18 Eagle Rock is because you assume that the residents that19 are going to live in this project are going to need20 public transportation. How are they going to get to the21 public transportation, are they're going to walk?22 They're going to walk down Warner and they're going to23 walk up and Oval which has no sidewalks. Oval is a24 dangerous road for people that are using it as a25 124 pedestrian. Any of you could go up and see people do1 not obey the 25 mile hour limit, they go much faster2 than that and when people are walking on Oval Road it is3 a dangerous situation. You need sidewalks on Oval Road.4 The other problem with Oval Road is5 Pleasantdale Chateau consistently uses it as overflow6 parking for events. It's crowded and it's even more7 dangerous. I would request that you enforce no parking8 on Oval Road for Pleasantdale Chateau for their events.9 I know they're a favorite of yours, but really creating10 a dangerous situation. So is there any plans to add11 sidewalks on Oval Road?12 THE WITNESS: Not associated with this13 application.14 THE PUBLIC: I think the council should15 consider that.16 Thank you.17 CHAIRMAN BAGOFF: Thank you.18 THE PUBLIC: Good evening. Joe Krakoviak,19 K-R-A-K-O-V-I-A-K.20 Mr. Pehnke, thank you very much for your21 testimony. What is the industry best practice for a22 traffic study relative to an affordable housing23 multifamily housing development similar to the24 applicants?25

09/27/2024 06:14:01 AM Page 125 to 128 of 180 32 of 71 sheets 125 THE WITNESS: There's no differentiation1 whether it's affordable or multifamily apartment. It's2 treated the same from a traffic standpoint.3 THE PUBLIC: Have you conducted a traffic4 study related to a multifamily affordable housing5 development?6 THE WITNESS: Most projects these days for7 multifamily include affordable elements.8 THE PUBLIC: So that's a yes?9 THE WITNESS: Yes.10 THE PUBLIC: Would you agree that affordable11 housing developments have a higher likelihood and12 incidence of the use of non auto alternative13 transportation, such as bus, pedestrian, bike or scooter14 than one without affordable housing?15 THE WITNESS: No.16 THE PUBLIC: Do you know how many projected17 affordable housing units are in this development?18 THE WITNESS: I haven't specifically looked19 at that.20 THE PUBLIC: Do you know what the minimum21 income level is in the Essex County area, according to22 the state for affordable housing?23 THE WITNESS: It's not --24 THE PUBLIC: Minimum income.25 126 THE WITNESS: It's not my expertise.1 THE PUBLIC: Would you normally take into2 account tenant use of hired cars, such as Uber or jitney3 service, as was mentioned earlier in the hearing?4 THE WITNESS: That is a typical part of5 todays traffic flow. It's incorporated in the traffic6 generation of facilities. It's baked in the numbers.7 THE PUBLIC: You say on Page 5, Item 10,8 that you reviewed the site plan for parking and on-site9 circulation, is that correct?10 THE WITNESS: I indicated that I did review11 the site plan, yes.12 THE PUBLIC: I just want to try to clarify13 because this has been talked about several times during14 the application hearing process.15 Are there any sidewalks or bike lanes16 planned for the development relative to the planned17 extension of Warner Road?18 THE WITNESS: From the property line into19 the site there is a sidewalk that extends along one side20 of Warner Road, yes.21 THE PUBLIC: Is there a continuous sidewalk22 between the extension of Warner Road and Building D?23 THE WITNESS: Yes, there is a sidewalk that24 extends up to Building D along Road D, yes.25 127 THE PUBLIC: What are the pedestrian safety1 implications of having no sidewalks on Oval Road, are2 there potential implications of no posted speed limits3 as you pointed out in your report on Oval Road?4 THE WITNESS: No, the

pedestrian safety1 implications of having no sidewalks on Oval Road, are2 there potential implications of no posted speed limits3 as you pointed out in your report on Oval Road?4 THE WITNESS: No, the de facto, quite frankly5 the state law in a residential neighborhood is 25 miles6 per hour, drivers should know that as part of their7 licensing. The existing roads don't have sidewalks and8 it's not part of our development and application to9 install sidewalks. Those were existing conditions that10 exist not only on Oval Road and Warner Road but11 throughout the township quite frankly and the state.12 THE PUBLIC: For Oval Road as well are there13 any plans for bike lanes?14 THE WITNESS: Not by this applicant, no.15 THE PUBLIC: Would you expect a higher16 likelihood of pedestrian accidents on a long relatively17 straightaway road such as Oval Road rather than one with18 traffic calming aspects or frequent bends?19 THE WITNESS: I'm not sure I understand that20 question.21 THE PUBLIC: Okay. Do you have any data as22 to the speed, speed history on Oval Road?23 THE WITNESS: No.24 THE PUBLIC: Did you analyze or estimate or25 128 project the impact of more frequent public and1 commercial passenger bus service or jitney service at2 Oval and Eagle Rock Avenue?3 THE WITNESS: No.4 THE PUBLIC: Appendix B of you report,5 traffic counts from May 14, 2024. On Page 33, 346 there's a data base of turning movement data for buses7 that includes Oval Road. What does a turning movement8 data search measure?9 THE WITNESS: Basically the turning movements10 at an intersection. So you have left turns, thru-lanes,11 right turns. So the traffic counts look to quantify the12 volumes making turns through an intersection.13 THE PUBLIC: Okay.14 This is the one that includes Oval Road.15 The measurements for the full day show that there are 7616 buses turning, making these turning -- excuse me.17 Turning movements at Oval Road and both sections -- both18 directions of Eagle Rock Avenue. Would you expect those19 numbers to increase over time to serve the affordable20 housing tenants over and above the statistical use of21 buses or the measurement of bus turns that you did in22 your data page?23 THE WITNESS: Yeah, I'm not absolutely sure24 that that's a correct interpretation of the data, but25

33 of 71 sheets Page 129 to 132 of 180 09/27/2024 06:14:01 AM 129 the answers, no. This sites not going to change the1 level of bus activity along Eagle Rock Avenue and/or2 Oval Road.3 THE PUBLIC: You mentioned earlier that your4 knowledge about traffic accidents when you change from5 an unsignaled to a signaled intersection. Did you, have6 you actually looked at the traffic accident data at7 Eagle Rock Avenue and the Laurel Avenue intersection as8 was mentioned earlier tonight?9 THE WITNESS: No, I have not looked at the10 accident data at Laurel Avenue.11 THE PUBLIC: Regarding your recommended12 modification for the Eagle Rock Avenue, Laurel Avenue,13 Oval Road, Crestmont Club portion of your report. What14 would be the impact during peak hours if you're15 recommendations for the changes on Laurel and Eagle Rock16 Avenue and the Crestmont exit are not incorporated?17 THE WITNESS: I'm not following.18 THE PUBLIC: You recommend in your report --19 what happens if the recommendations in your report are20 not followed through by the county and perhaps by the21 town?22 THE WITNESS: Well, then we would not be23 meeting our condition of approval. Those are the24 improvements that we are designing and pursuing.25 130 THE PUBLIC: Okay.1 How long would it take, would you estimate,2 to do all of the improvements that you recommend in your3 report and what would be the approximate cost of4 implementing it?5 THE WITNESS: We haven't done a cost6 estimate. The project itself probably could be done,7 depending upon on what time of year it starts within a8 construction season. So the construction season9 generally would run March, projects closeout towards the10 end of the year, October, November.11 THE PUBLIC: And is it industry practice to12 not update a capacity analysis that is six years old?13 THE WITNESS: No. If it's still valid14 there's no reason to update it.15 THE PUBLIC: And the engineer determines16 whether it's still valid?17 THE WITNESS: Professionals review the data18 and if you're referring to the 2018 data that's19 appended, certainly traffic counts that are incorporated20 within that study have not changed. There's been no21 additional units built within the Highlands. There's22 been no additional units built within The Grand. So the23 traffic that was generated six years ago is the same24 traffic that's generated today and our counts show that.25 131 THE

Highlands. There's22 been no additional units built within The Grand. So the23 traffic that was generated six years ago is the same24 traffic that's generated today and our counts show that.25 131 THE PUBLIC: Thank you.1 CHAIRMAN BAGOFF: Thank you.2 THE PUBLIC: I have a request. Can you just3 turn off the AC. Possible to shut off the AC.4 CHAIRMAN BAGOFF: Can you what?5 THE PUBLIC: Possibly shut off the AC.6 CHAIRMAN BAGOFF: It's off.7 THE PUBLIC: It comes on and off.8 CHAIRMAN BAGOFF: Well, we'll see where we9 are. Thank you.10 Come up. State your name, please. Spell11 your last name.12 THE PUBLIC: Rachel Klein, K-L-E-I-N.13 Everything you have done so far with traffic, that's,14 even if they find that it's untenable, the 1,200 more15 cars going by, you don't have any other plans to look16 for other alternate excess points, do you?17 THE WITNESS: No.18 THE PUBLIC: Can we assume that everything19 is going to stay like this?20 THE WITNESS: The application that is21 proposed before this board has the access by the22 extension on Warner Road.23 THE PUBLIC: Okay. And -- that's okay.24 CHAIRMAN BAGOFF: Thank you.25 132 Please come up, state your name and spell1 your last name, please.2 THE PUBLIC: Gilda Paul, P-A-U-L. West3 Orange.4 I have a question about the access road to5 Howell Drive. How are you keeping that closed if it's6 only for emergency vehicles and will there be a fence,7 will there be a chain?8 THE WITNESS: It'll be gated and as9 discussed earlier, fire -- fire officials and emergency10 personnel will have the ability to open it. It's11 usually done with a provision for a Knox Box, which12 basically is --13 THE PUBLIC: Oh, that was the Knox Box. I14 had no idea what it was.15 THE WITNESS: Basically it's a key to a lock.16 THE PUBLIC: Now I got it. Thank you.17 CHAIRMAN BAGOFF: Thank you.18 THE PUBLIC: Now I'm back to ask some19 questions.20 My name is Sejal, last name is G A J A R A W21 A L A, 6 Kinzel Lane. Thank you.22 So it's a leading question but I need it to23 ask the second question, but can you tell me how big the24 actual site is for the applicant?25

09/27/2024 06:14:01 AM Page 133 to 136 of 180 34 of 71 sheets 133 THE WITNESS: Mr. Anderson testified to1 that, I don't have the acreage.2 THE PUBLIC: Okay. It's more not about the3 acreage it's about the road?4 MS. MCGOVERN: How many miles?5 THE PUBLIC: Yeah.6 THE WITNESS: I haven't done that7 calculation.8 THE PUBLIC: Okay. So the leading question9 leads to, so when we talk about complete streets, it's10 only viable inside the site. What about the existing11 environment and the neighborhoods, specifically Oval12 Road, Warner, Highland, are we looking at those as well?13 THE WITNESS: Well, those are --14 THE PUBLIC: It's a small space.15 THE WITNESS: Those are not in the purview16 of this application. Certainly the township adopted the17 complete streets program for the public street system18 and is looking at implementing them when they come in19 with projects and that's the intent of that resolution.20 Any new development this board is obviously looking for21 the applicants to participate, as we have, but there is22 no plan by this applicant to address that public realm.23 It's not within our purview.24 THE PUBLIC: Understood. But it is of the25 134 space that's going to be used by all of those living in1 those apartments at this point, along with the current2 neighbors as well?3 THE WITNESS: Yes.4 THE PUBLIC: So to have a road like Oval5 Road without having any sidewalks at all is unsafe as it6 is today, it's just going to become even more unsafe7 with the additional traffic on it.8 THE WITNESS: I don't know that I would9 characterize it as unsafe, but it is an existing10 condition and it is missing some of those elements, yes.11 THE PUBLIC: Has Essex County agreed to the12 traffic lights?13 THE WITNESS: We have not --14 THE PUBLIC: I understand it's in the15 Settlement Agreement. Sorry, I apologize. I understand16 it's in the Settlement Agreement, but have they actually17 agreed that that traffic light will be going in?18 THE WITNESS: So they're aware of it.19 They're receptive to it. There is a process that needs20 to pursued with the county on approval of it. Based21 upon, you know, my knowledge, based upon past practice,22 I do not see any reason why the county won't approve a23 traffic signal at this location. It's advancement of24 the safety of their road system.25 135 THE PUBLIC: Understood.1 We have asked for it before and it's been2 denied, so