January 29, 2025 Planning Board Special Meeting Transcript - WEHI

02/13/2025 11:25:53 AM Page 109 to 112 of 143 28 of 57 sheets 109 will not be unsafe from a traffic standpoint.1 THE PUBLIC: From Oval to -- from Warner to2 Oval?3 THE WITNESS: Based on standard traffic4 impact analysis.5 THE PUBLIC: Thank you.6 CHAIRMAN BAGOFF: Thank you.7 Do any other members of the public -- please8 come up. State your name.9 THE PUBLIC: Good evening, Edward Davis, I'm10 Mayor of Essex Fells. I apologize for my casual attire,11 I wasn't expecting to speak tonight. Thank you for your12 testimony, just a couple questions for you.13 You mentioned a court case where I think14 your description of it was the court ruled, and you15 apparently agree, that if a development is consistent16 with the zone, with the zoning ordinance, that by17 definition is sound planning. Do I have that right, is18 that what you said?19 THE WITNESS: That's the gist, yes.20 THE PUBLIC: Okay.21 So this zoning ordinance changed over time,22 correct? In West Orange.23 THE WITNESS: Yes. Zoning evolves, land use24 does not standstill.25 110 THE PUBLIC: Okay.1 So in the zoning ordinance that applied, I2 think it was six years ago, predated the current zone,3 you're saying by definition that was sound at the time,4 correct?5 THE WITNESS: Yes.6 THE PUBLIC: Okay.7 So now a drastic change in terms of8 multifamily homes what's allowed in the zone, drastic9 change in roughly 2020, that's also sound even though10 it's vastly different than what proceeded it?11 THE WITNESS: Planning is all about balance.12 There were significant changed circumstances with round13 3 court mandated obligations. Certainly environmental14 protection is one of the considerations, but affordable15 housing is another force that has influence on this16 town. So, yes, that is a clear cut and conventional17 reason why a zoning would change. We see it throughout18 New Jersey.19 THE PUBLIC: Right. You're not testifying20 to the board in your expert opinion on Mount Laurel,21 you're not a lawyer, right?22 THE WITNESS: I am not a lawyer.23 THE PUBLIC: So you're a planner. So you24 did an independent analysis consistent with sound25 111 planning principles outside just looking at the zone,1 looking at Mount Laurel, etc., correct?2 THE WITNESS: All I can tell you is that I3 lived that, that Randolph case. It had a lot of4 parallels to what we're seeing here. A public that5 clearly did not like the application,

l, etc., correct?2 THE WITNESS: All I can tell you is that I3 lived that, that Randolph case. It had a lot of4 parallels to what we're seeing here. A public that5 clearly did not like the application, move the road,6 move this or move that. Eventually the applicant threw7 up his hands and said, I can't. I can't. I comply with8 the ordinance and then went through the legal process.9 THE PUBLIC: Did you look at anything else10 outside the law in your analysis of this site, whether11 it's sound planning or not?12 THE WITNESS: The law is at the heart of13 land use planning.14 THE PUBLIC: Did you look at anything other15 than the law as a planner? Did you look at, for16 instance, the site conditions. Did you look at17 neighboring property. Did you look at the impact this18 development would have on neighbors in West Orange and19 else were at all?20 THE WITNESS: Yes.21 THE PUBLIC: Okay.22 Did you look at the impact of this23 development on Laurel in Essex Fells, which is adjacent24 -- owns adjacent parcel in town itself, adjacent to this25 112 property?1 THE WITNESS: I'm am not sure what the2 question is?3 THE PUBLIC: Did you look at anything4 outside the boundaries of this property itself?5 Downhill for instance.6 THE WITNESS: Yes, I've been in homes in7 Essex Fells that border this property.8 THE PUBLIC: Were you aware Essex Fells9 itself owns 18 acres on Essex Fells Country Club, which10 acts as a well field for the water supply?11 THE WITNESS: No.12 THE PUBLIC: You're not aware?13 THE WITNESS: No.14 THE PUBLIC: Did you look at the impact on15 stormwater under todays condition on Essex Fells or any16 other neighboring town?17 THE WITNESS: I did not. I'm not an18 engineer.19 THE PUBLIC: Now, we have in your summary20 that characterizes various experts that appeared before21 this board. You said things like, their testimony was22 thorough. Their testimony was sound. Traffic23 engineering, other types, geotechnical engineering, you24 don't have the capability to evaluate their testimony on25