January 29, 2025 Planning Board Special Meeting Transcript - WEHI

02/13/2025 11:25:53 AM Page 85 to 88 of 143 22 of 57 sheets 85 I'm a licensed professional planner here in the state of1 New Jersey. That license is current. It's in good2 standing. This is what I do on a nightly basis3 throughout the state of New Jersey. I am also a member4 of the AICP, American Institute of Certified Planners.5 That's a national certification. Again, both are6 current and in good standing. I do this on a nightly7 basis and I have been here in this great community many,8 many times.9 THE PLOCKER: Okay.10 CHAIRMAN BAGOFF: Any member of the board11 have any questions about Mr. McDonough and his12 licensures?13 We accept you as a professional planner in the14 state of New Jersey, sir.15 Go ahead.16 THE WITNESS: Thank you, Mr. Chairman.17 Okay.18 Q. John, the application seeks one bulk variance and19 two exception requests from the RSIS standards. Please20 give your overview of the project proposed as a planner21 and address those three items as part of your testimony?22 Sure. So from a planning standpoint we conducted23 A. what would be a customary planning analysis in support24 of the application. There are four parts to our25 86 analysis. First part we look at is existing conditions.1 Second, we look at proposed conditions.2 Third, we look at applicable zoning and how the3 particular development stacks up with the zoning4 criteria that's articulated in your regulations. And5 then finally, again, to the extent that the applicant is6 seeking relief, we do have some relief sought here, we7 look at the statutory criteria which have been well8 established by our Municipal Land Use Law in existence9 since 1975.10 So taking you through the four parts.11 Part number 1, it's been well established here12 that we are dealing with a single tax lot, Block 179,13 Lot 32, approximately 120 acres of vacant land. The14 surrounding lands, as you've seen during the course of15 seven hearings, now this being the eighth hearing, it's16 all surrounded by development, predominantly residential17 development.18 Part number 2, we look at what's proposed. The19 plan here is, as you've heard, is for what we call an20 inclusionary housing development. In accordance with21 the towns Fair Share Plan, the Housing Element and Fair22 Share Plan and the court settlement. There are 49623 units proposed here with a 20 percent affordable set24 aside that will contribute to the

the towns Fair Share Plan, the Housing Element and Fair22 Share Plan and the court settlement. There are 49623 units proposed here with a 20 percent affordable set24 aside that will contribute to the towns regional25 87 obligation to provide for it's fair share of affordable1 housing, that equates to 100 units in four buildings, as2 you heard through the testimony of the witnesses3 extensively before me. And over 90 acres of preserved4 land as part of this development.5 Part number 3, we look at the zoning6 considerations and we are here in the IH-1 inclusionary7 housing district. A zone that is specifically aimed at8 producing affordable housing. It comes on the heels of9 your 2019 Master Plan update and reexamination report10 which continues to call out as a core goal of the11 community to provide for Fair Share Housing and decent12 housing for people of all income levels. Quoting from13 the Master Plan in general, in terms of general housing14 obligations, West Orange remains committed to addressing15 its, "Fair Share of regional affordable housing needs as16 well as providing a range of housing opportunities."17 Again, this also comes on the heels of our Fair Housing18 Act and the state wide obligation to provide Fair Share19 Housing and affordable housing for persons of low and20 moderate income. Not only does this come on the heels21 of the 2019 Master Plan, you followed that up with a22 2020 fair share element and housing element as well,23 which specifically references this site on page number 924 and specifically references this development, quoting25 88 again, "West Essex Highlands Block 179, Lot 32 will1 contain 496 family residential units including 1002 affordable family units or rental units." Again, that3 was part of a court settlement with Fair Share Housing4 advocacy group. Again, that avoids a potential5 challenge under a builders remedy and gives the6 community immunity from a developers challenge for7 failing to meet your fair share obligation.8 This is one of multiple sites that, again, the9 town is being proactive in meeting its fair share10 obligation, so compliments to the community, your11 leadership, this board all with the foresight to see12 that you have a responsibility to provide for your Fair13 Share Housing obligation.14 This is a third round project, you actually are15 now facing the fourth round coming at you next, as

ight to see12 that you have a responsibility to provide for your Fair13 Share Housing obligation.14 This is a third round project, you actually are15 now facing the fourth round coming at you next, as all16 municipalities are, 80,000 -- actually more than 80,00017 affordable housing units are mandated by the DCA as part18 of the numbers that came out in October to provide a19 realistic opportunity to stabilize 80,000 affordable20 housing units by 2035, that's 10 years starting in 2025.21 Your town is getting hit with an obligation as22 well in the fourth round, 660 units is what I'm seeing23 as part the DCA numbers. Again, this is a third round24 obligation, so this is looking at your prior obligation.25