September 11, 2024 Planning Board Special Meeting Transcript - WEHI

09/27/2024 06:14:01 AM Page 61 to 64 of 180 16 of 71 sheets 61 testifies as follows:1 CHAIRMAN BAGOFF: Thank you, sir. The floor2 is yours.3 THE PUBLIC: What I want to do is just read4 the resolution into the record that was passed this past5 Monday. I do participate in --6 CHAIRMAN BAGOFF: Which resolution? You7 were there and discussed it?8 THE PUBLIC: Yes.9 CHAIRMAN BAGOFF: Okay. Very good. You're10 part of the resolution, correct?11 THE PUBLIC: Correct.12 CHAIRMAN BAGOFF: Okay. Go ahead.13 THE PUBLIC: "Township of Verona County of14 Essex, State of New Jersey. Resolution No. 2024-150.15 Requesting that the Township of West Orange Planning16 Board deny the Application of West Essex Highlands LLC.17 Whereas, the Township Council of the Township of Verona18 has reviewed the preliminary and final site plan19 application of West Essex Highlands LLC, for Block 179,20 Lot 32, Warner Road, West Orange, and21 Whereas, the application proposes the22 construction of 496 residential units on a parcel which23 is comprised of approximately 120 acres of undeveloped24 woodlands; and25 62 Whereas, the proposal will impact the1 Township of Verona based on the changes in land cover2 and runoff that will discharge towards Verona and the3 Peckman River and will have a significant environmental4 impact based upon the removal of trees; and5 Whereas, some of the Township's concerns are6 outlined in the attached," which I have here, "July 26,7 2024 correspondence of Paul W. Ferriero, PE, CME of8 Boswell Engineering; and9 Whereas, in order to mitigate against the10 high probability of increase flooding caused by the11 development (if approved), the Township requests that12 the application be reviewed and revised as necessary to13 ensure the latest and most up to date New Jersey storm14 water management rules and regulations are implemented15 and applied to the project; and16 Whereas, the Township also requests that the17 applicant is required to address the concerns raised in18 Mr. Ferriero's July 26, 2024 correspondence.19 Therefore, be it resolved by the Township20 Council of the Township of Verona that the Township21 Clerk is hereby directed to serve a copy of this22 resolution." Which I am doing tonight.23 CHAIRMAN BAGOFF: Do you have anything to24 add, sir?25 63 THE PUBLIC: That's it. Thank you, Mr.1 Chairman.2 CHAIRMAN BAGOFF: So before you leave, sir.3 THE PUBLIC:

lution." Which I am doing tonight.23 CHAIRMAN BAGOFF: Do you have anything to24 add, sir?25 63 THE PUBLIC: That's it. Thank you, Mr.1 Chairman.2 CHAIRMAN BAGOFF: So before you leave, sir.3 THE PUBLIC: Yes.4 CHAIRMAN BAGOFF: As a matter of law, you're5 asking for the official representation -- the Council of6 Verona is asking the Planning Board of the Township of7 West Orange to deviate from the ordinance and law of the8 State of New Jersey and give the applicant the full9 hearing to decide based on the facts is this application10 good or bad. That's what this says. Is that the intent11 of what you're doing today?12 THE PUBLIC: We are asking you to have the13 applicant work under the current New Jersey storm water14 management rules and regulations. The council for the15 applicant himself at prior meetings referred to the16 storm water management rules and regulations that17 they're using as, I quote, "the old regulations." So if18 they're using the old regulations, what good are they,19 if there is a new set of regulations that should be20 enforced we should be using those regulations.21 CHAIRMAN BAGOFF: There's two things you're22 asking here. One is the storm water management and one23 is you're asking the Township of West Orange Planning24 Board to deny the application, that's what this says.25 64 That it deviates from the Land Use Law in the State of1 New Jersey. We can not do that. It deviates from the2 law. This is a matter of law.3 THE PUBLIC: Deny based on our letter that4 our engineer --5 CHAIRMAN BAGOFF: That's not what this says.6 This is a legal document.7 THE PUBLIC: Yes.8 CHAIRMAN BAGOFF: I'm not arguing with you.9 I'm just stating the facts.10 THE PUBLIC: Written by our town engineer.11 CHAIRMAN BAGOFF: The planning board has12 this and you're asking them to deny it. You're asking13 two things and asking them to deny it. We will give the14 application indifference. We appreciate the council of15 Verona providing that to us and it will be in relation16 to the storm water management rules that apply by the17 State of New Jersey, absolutely. Our engineer and our18 expert engineering firm has reviewed and will review it19 but we can't deny it based on not hearing the20 application. That can't happen.21 THE PUBLIC: I didn't ask for the22 application to stop and deny it tonight. I, based on23 future testimony and updated rules --24 CHAIRMAN BAGOFF:

n not hearing the20 application. That can't happen.21 THE PUBLIC: I didn't ask for the22 application to stop and deny it tonight. I, based on23 future testimony and updated rules --24 CHAIRMAN BAGOFF: As a matter of reading25