June 4, 2025, Planning Board Regular Meeting Transcript - WEHI

bly give our closing arguments?1 CHAIRMAN BAGOFF: Yes.2 MR. AFRAN: Thank you.3 There's also --4 MAYOR McCARTNEY: I have a question.5 MR. AFRAN: I'm sorry.6 CHAIRMAN BAGOFF: Mr. Afran. One second.7 MR. AFRAN: And somewhere in that time8 period the community gets their chance to testify?9 CHAIRMAN BAGOFF: Yes.10 MAYOR McCARTNEY: I have a question of our11 engineer. We just heard there is a fundamental concern12 with the design as it relates to the water table, in13 your review did you discover any concerns?14 CHAIRMAN BAGOFF: Did you get a chance to15 look at the Princeton Hydro first report and this16 report? If you looked at both of them, in your expert17 opinion, go right ahead.18 MR. MacNEILL: I looked at both of them. So19 the applicant submitted soil testing reports signed by a20 geotechnical engineer. So I did note some similar21 discrepancies as Mr. Gallagher has noted but the22 geotechnical engineers licensed in the State of New23 Jersey and he is identifying the seasonal high water24 table at the elevation in his report. On top of that,25 96 the BPM manual from DEP requires post construction soil1 testing for any infiltration system. So during really2 post construction -- during construction the applicant3 will be required to ensure the seasonal high water table4 and the permeability rates in those geotechnical reports5 are still current during and after construction. That's6 all outlined in the NJ DEP manual Chapter 12 regarding7 soil testing. So that will be a requirement for any8 potential -- as a potential condition of approval that9 the applicant will have to comply with those soil10 testing requirements during and post construction. And11 if there's an issue with that seasonal high water table12 that has been identified it will have to be remediated13 by the applicant. Essentially redesigning the basin.14 Additional fill may be required, but all that will be15 reconfirmed twice, once during construction and also16 post construction.17 MAYOR McCARTNEY: And that's under the18 purview of the DEP not this Board?19 MR. MacNEILL: But our stormwater code20 refers back to the BMP manual. The Township will21 enforce those requirements.22 CHAIRMAN BAGOFF: Thank you.23 Okay.24 MR. AFRAN: Our position legally is yet to25

25 of 41 sheets Page 97 to 100 of 101 06/20/2025 06:55:03 AM 97 be said on this question in terms of what the engineer1 just said in terms of whether there's any other role for2 the Board to play other than post approval condition.3 We are going to look into that and maybe address that4 later on before August 6, but I don't want to be seen5 necessarily as agreeing. We are going to consider this6 issue.7 CHAIRMAN BAGOFF: Thank you.8 The next --9 MR. AFRAN: There's one issue, I'm so sorry.10 My client raised an issue with me. This is not a11 criticism at all, we know some minutes are not yet ready12 and we wonder what role that will play in terms of work13 session, final approval if the minutes are not yet14 available? One of them is because of me because I have15 to get exhibits. But there are other meetings and it's16 been raised --17 CHAIRMAN BAGOFF: We are going to work18 together to make this happen in the public interest.19 MR. AFRAN: So the issue was raised to me by20 several clients.21 CHAIRMAN BAGOFF: We have communication, the22 Board will not terminate this application until the23 public hear's -- the Board hear's all information.24 Objectors have the right to speak to the public, the25 98 applicant has the right to refute things, our experts1 have the right to have their peace and then the Board's2 findings and I hoping we are trying to work towards3 that.4 MR. AFRAN: Right. And the only thing I'm5 raising is it's been raised several times there's a6 viewpoint that the minutes should be available before7 there is a final decision. So I am raising that because8 I know we are a bit behind, understandably so, there's a9 lot going on.10 CHAIRMAN BAGOFF: We are working towards11 that end. Thank you.12 So just for the record, I want to state that13 Council Person Susan Scarpa, who sits on the Planning14 Board was unable to come this evening, she has listened15 to the whole meeting on Zoom. She was not able to16 participate in the meeting, she will sign that she was17 Zoom present, and present that to our counsel.18 The next special meeting for this19 application, West Essex Highlands PB 24-01, Lot 179 Lot20 32 in the IH-1 zone will be on June 23, Monday, at 6:3021 PM in person and it would be available on Zoom for22 watching only. No comments. And Monday, June 30 at23 6:30 PM in counsel chambers in person and available on24 Zoom, no comments.25 99 And

at 6:3021 PM in person and it would be available on Zoom for22 watching only. No comments. And Monday, June 30 at23 6:30 PM in counsel chambers in person and available on24 Zoom, no comments.25 99 And Mr. Plocker.1 MR. PLOCKER: Yeah. In the same vain as2 reading of the, you know, transcript or watching the3 meeting. I know we have a new member with us tonight4 who heard testimony, I am assuming he needs a few hours5 to get up to speed.6 CHAIRMAN BAGOFF: He will either catch up on7 everything, unless there's questions, but we will state8 that for the record prior to vetting on the application.9 MR. PLOCKER: Thank you.10 MR. AFRAN: I have a question, to what11 extent are the transcripts -- have they been provided12 regularly to the Board? The new member could read them.13 I don't know whether they're actually going to the Board14 or not.15 CHAIRMAN BAGOFF: I don't know the answer to16 that.17 MS. McGOVERN: Well, Jamilet.18 MS. VITE: The transcripts are on the19 website.20 MR. AFRAN: Great. Transcripts, except for21 tonight, are available. So the new members or those who22 aren't here could read it.23 MS. VITE: And the minutes are also on the24 website. Minutes missing right now ARE the April 30,25 100 which are probably going to be adopted the next meeting.1 MR. AFRAN: And the one we need to provide2 the exhibit for.3 MS. VITE: So only two are missing.4 MR. AFRAN: Thank you.5 CHAIRMAN BAGOFF: Thank you.6 I would like to also personally thank Mr.7 Joe Fagan, our Zoomist, for working with us so8 diligently and, Jamilet, our board secretary, for being9 amazing and the zoning official who is here with us all10 the time. Upstairs on the second floor is where she11 lives. Thank her very much.12 (Hearing concludes at 9:30 PM.)13 14 15 16 17 18 19 20 21 22 23 24 25

06/20/2025 06:55:03 AM Page 101 to 101 of 101 26 of 41 sheets 101 C E R T I F I C A T E1 I, ERIC S. FISHMAN, a Shorthand Reporter2 and Notary Public of the State of New Jersey do hereby3 certify that the foregoing is a true and accurate4 transcript of the testimony as taken stenographically by5 and before me at the time, place and on the date6 hereinbefore set forth, to the best of my ability.7 I DO FURTHER CERTIFY that I am neither a8 relative nor employee nor attorney nor counsel of any of9 the parties to the action; and that I am neither a10 relative nor employee of such attorney or counsel; and11 that I am not financially interested in the action.12 13 14 ---------------------15 ERIC S. FISHMAN, S.R.16 17 18 19 Dated:__________________20 21 22 23 24 25

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06/20/2025 06:55:03 AM Page 2 to 2 of 15 28 of 41 sheets 78:18, 79:23, 84:3, 86:1, 90:15, 90:16, 90:17, 90:18, 90:19, 99:16 anticipate [2] - 36:2, 94:13 anticipated [1] - 53:9 anticipation [1] - 68:18 anyway [3] - 13:19, 67:25, 93:9 apologies [2] - 30:21, 49:14 Appeal [1] - 45:6 appeal [2] - 45:15, 65:24 Appearing [2] - 2:5, 2:8 appearing [1] - 2:12 Appellate [4] - 45:7, 45:15, 55:20, 64:6 applicability [1] - 60:14 applicant [39] - 4:3, 4:7, 4:11, 4:23, 7:23, 8:19, 14:19, 15:22, 16:17, 16:21, 16:22, 16:24, 17:8, 17:9, 17:11, 18:2, 21:9, 29:22, 45:2, 48:20, 51:2, 56:2, 56:22, 57:7, 57:14, 57:16, 57:19, 57:25, 58:9, 58:16, 58:19, 58:22, 69:8, 92:15, 95:20, 96:3, 96:10, 96:14, 98:1 Applicant [2] - 2:5, 15:16 applicant's [10] - 8:10, 12:10, 16:3, 24:10, 28:6, 28:8, 29:11, 29:13, 82:6, 89:13 application [27] - 4:1, 7:25, 11:20, 12:7, 15:22, 16:6, 16:19, 16:22, 17:9, 46:18, 46:23, 55:7, 58:11, 60:6, 62:2, 66:1, 66:2, 66:7, 66:19, 67:4, 67:6, 83:16, 90:23, 97:23, 98:20, 99:9 applications [2] - 67:9, 83:11 applied [2] - 90:22, 90:25 applies [2] - 55:16, 83:12 apply [5] - 7:14, 60:13, 68:9, 71:11, 75:19 appointed [1] - 58:20 appraisal [14] - 7:23, 8:1, 8:10, 16:18, 16:23, 17:10, 17:16, 18:10, 57:15, 57:22, 58:2, 58:9, 58:17, 59:5 appreciate [3] - 14:14, 16:10, 18:14 appropriate [1] - 90:5 approval [9] - 47:8, 56:19, 57:6, 66:4, 82:8, 88:18, 96:9, 97:3, 97:14 approvals [4] - 9:11, 56:20, 56:22, 90:25 approved [3] - 56:25, 57:1, 90:1 approving [1] - 60:6 April [1] - 99:25 Arcasian [1] - 72:7 ARE [1] - 99:25 Area [1] - 61:25 area [48] - 6:14, 7:14, 14:21, 19:9, 20:3, 21:18, 24:25, 25:1, 26:4, 26:6, 26:8, 31:13, 32:5, 32:7, 32:8, 32:12, 33:1, 33:5, 33:6, 33:7, 34:8, 34:22, 38:4, 47:17, 48:9, 48:10, 48:16, 54:4, 62:12, 63:4, 75:7, 75:14, 75:15, 82:21, 82:23, 83:6, 83:8, 83:16, 83:17, 85:6, 85:9, 87:10, 87:18, 88:1, 88:6, 88:9 areas [11] - 9:12, 20:1, 24:15, 33:15, 35:22, 36:3, 38:10, 46:7, 74:25, 81:20, 81:21 argue [1] - 86:17 argument [2] - 16:14, 84:5 arguments [2] - 94:5, 95:1 arm [1] - 59:24 arrow [6] - 31:20, 34:8, 35:11, 42:12, 53:12, 72:17 arrows [27] - 25:17, 30:3, 30:4, 30:6, 30:10, 30:18, 30:22, 31:7, 31:9, 31:17, 32:10, 32:19, 32:21, 33:6, 33:18, 34:24, 40:2, 40:4, 40:5, 40:8, 40:21, 41:3, 53:12, 53:14, 54:13, 54:15, 76:16 aspect [2] - 42:14, 70:9 assessment [1] - 74:3 assist [1] - 85:17 associated [2] - 21:16, 22:11 Associates [3] - 15:17, 17:20, 60:21 assume

, 40:5, 40:8, 40:21, 41:3, 53:12, 53:14, 54:13, 54:15, 76:16 aspect [2] - 42:14, 70:9 assessment [1] - 74:3 assist [1] - 85:17 associated [2] - 21:16, 22:11 Associates [3] - 15:17, 17:20, 60:21 assume [2] - 16:14, 54:24 assumed [2] - 16:11, 17:11 assuming [2] - 77:11, 99:5 astray [1] - 89:12 attention [1] - 87:3 attorney [6] - 82:12, 82:14, 89:13, 91:5, 101:9, 101:11 audience [3] - 18:22, 28:10, 86:11 August [5] - 24:1, 92:25, 94:14, 94:19, 97:5 authority [2] - 11:3, 60:9 available [7] - 92:3, 92:4, 97:15, 98:7, 98:22, 98:24, 99:22 AVENUE [2] - 1:23, 2:4 avoid [1] - 80:17 avoided [1] - 48:22 aware [3] - 64:10, 66:18, 67:9 B bachelor's [1] - 6:22 backs [1] - 93:21 BAGOFF [124] - 1:9, 4:1, 4:12, 7:11, 8:15, 9:13, 10:7, 11:9, 11:22, 11:25, 12:24, 13:17, 13:20, 14:6, 17:1, 17:13, 18:11, 18:16, 29:6, 29:8, 37:25, 38:9, 38:13, 38:15, 38:18, 39:1, 39:4, 39:6, 41:7, 41:12, 42:24, 43:7, 43:10, 43:21, 43:25, 44:4, 44:6, 44:12, 44:23, 45:18, 45:23, 46:1, 46:6, 46:13, 48:6, 49:3, 50:19, 51:10, 52:3, 52:6, 59:1, 60:17, 61:5, 61:11, 61:22, 62:1, 62:4, 62:7, 63:21, 65:15, 65:18, 66:8, 66:10, 66:13, 68:3, 69:3, 69:11, 69:18, 69:23, 70:14, 74:11, 76:8, 76:25, 78:3, 79:7, 79:17, 79:19, 79:23, 80:1, 80:18, 80:24, 81:5, 81:10, 82:11, 84:6, 84:8, 84:12, 85:4, 85:13, 85:19, 85:23, 86:4, 86:10, 86:16, 88:25, 89:8, 90:6, 90:12, 90:14, 91:10, 91:17, 92:12, 92:24, 93:2, 93:6, 93:12, 93:14, 93:24, 94:2, 94:6, 94:17, 94:24, 95:2, 95:7, 95:10, 95:15, 96:23, 97:8, 97:18, 97:22, 98:11, 99:7, 99:16, 100:6 bagoff [3] - 11:17, 12:18, 54:21 banks [1] - 75:8 BAQUERIZO [1] - 1:13 bargained [1] - 61:9 barred [1] - 66:5 base [1] - 70:19 based [20] - 10:8, 10:10, 13:1, 13:4, 13:21, 13:23, 23:12, 29:17, 32:21, 44:18, 50:20, 56:17, 62:15, 68:6, 68:16, 69:13, 69:14, 70:4, 78:8, 84:16 Basin [5] - 21:18, 26:18, 28:11, 49:16, 53:2 basin [27] - 26:21, 27:1, 27:7, 27:19, 28:1, 28:11, 28:12, 28:18, 28:19, 31:18, 32:25, 46:12, 49:11, 49:20, 52:14, 52:20, 53:6, 53:8, 70:21, 70:25, 71:2, 71:4, 77:22, 81:3, 81:7, 96:14 basin's [1] - 26:19 basins [10] - 25:15, 2 26:19, 40:15, 42:7, 49:9, 50:24, 51:22, 52:12, 77:13, 79:10 basis [4] - 10:16, 10:23, 19:5, 72:12 become [1] - 78:17 becomes [2] - 51:23, 78:10 began [1] - 67:23 begin [2] - 6:6, 32:19 beginning [4] - 20:8, 25:9, 39:23, 75:12 begins [2] - 75:22, 76:1 behalf [5] - 2:5, 2:8, 2:12, 4:11, 15:25 behind [1] - 98:9 below [13] - 25:18, 27:16, 28:20, 29:3, 31:5,

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29 of 41 sheets Page 3 to 3 of 15 06/20/2025 06:55:03 AM 13:14, 14:16, 14:25, 15:4, 15:9, 16:5, 17:2, 17:22, 18:5, 44:16, 50:24, 55:1, 55:6, 55:15, 55:17, 55:18, 55:19, 56:13, 56:18, 56:21, 57:4, 58:3, 58:19, 58:22, 59:21, 60:6, 60:8, 60:15, 60:16, 60:17, 64:7, 64:8, 68:8, 82:12, 91:22, 92:24, 93:10, 93:13, 93:16, 93:23, 94:3, 94:7, 94:15, 94:22, 96:19, 97:3, 97:23, 97:24, 98:15, 99:13, 99:14 Board's [7] - 14:19, 17:11, 18:14, 58:7, 58:15, 58:25, 98:2 bodies [1] - 51:21 body [8] - 7:16, 8:22, 9:16, 10:15, 11:1, 12:17, 15:3, 62:5 body's [1] - 10:22 BOGBC [1] - 21:19 bogged [1] - 83:11 BOLAND [1] - 2:7 Boonton [5] - 21:10, 21:13, 21:19, 21:22, 22:7 borings [3] - 50:6, 51:2, 63:16 bottom [14] - 22:9, 26:19, 28:18, 28:19, 31:21, 32:1, 33:22, 40:16, 42:12, 52:14, 52:20, 70:19, 71:2, 75:14 bound [1] - 12:8 boundary [1] - 20:5 bowel [2] - 24:17, 24:22 Bplocker@ huttshim.com [1] - 2:3 BPM [1] - 96:1 BRAEBRUN [1] - 2:11 break [2] - 63:22, 65:16 Brian [1] - 4:10 brief [1] - 44:14 briefly [1] - 57:10 bring [2] - 92:12, 92:17 brings [1] - 92:15 brittle [1] - 22:1 broader [1] - 83:23 Brook [11] - 25:10, 25:11, 76:14, 76:16, 76:20, 76:22, 77:7, 77:9, 77:11, 77:23, 77:24 brook [1] - 77:14 brought [1] - 50:1 BRUCE [1] - 2:10 Bruce [1] - 4:15 BRYAN [1] - 2:3 buffers [1] - 54:10 build [1] - 73:18 builder [4] - 81:15, 89:5, 89:6, 89:7 building [9] - 12:14, 33:19, 35:6, 35:9, 35:10, 35:12, 35:14, 35:16, 69:6 buildings [3] - 39:11, 73:6, 81:17 built [7] - 40:15, 68:18, 68:19, 69:21, 88:13, 88:16 bulk [1] - 55:11 busy [1] - 5:9 BY [1] - 2:3 C C5 [1] - 55:10 calculation [1] - 81:4 calculations [2] - 29:11, 49:23 cannot [3] - 13:14, 60:6, 70:21 Canoe [11] - 25:9, 25:10, 76:14, 76:16, 76:20, 76:21, 77:7, 77:9, 77:11, 77:23, 77:24 Cardoza [1] - 61:5 CARDOZA [3] - 1:11, 61:7, 61:10 Care [2] - 2:12, 4:16 care [1] - 89:3 case [9] - 12:11, 26:12, 28:15, 51:3, 56:21, 60:4, 65:1, 74:14, 74:18 cases [1] - 75:2 catch [1] - 99:7 caveat [1] - 82:6 center [9] - 32:3, 32:4, 32:7, 32:11, 33:2, 33:22, 34:22, 35:17, 35:19 certain [1] - 40:8 certainly [2] - 11:18, 57:12 certify [1] - 101:4 CERTIFY [1] - 101:8 Chair [3] - 11:17, 12:1, 93:8 CHAIRMAN [124] - 4:1, 4:12, 7:11, 8:15, 9:13, 10:7, 11:9, 11:22, 11:25, 12:24, 13:17, 13:20, 14:6, 17:1, 17:13, 18:11, 18:16, 29:6, 29:8, 37:25, 38:9, 38:13, 38:15, 38:18, 39:1, 39:4, 39:6, 41:7, 41:12, 42:24, 43:7, 43:10, 43:21, 43:25, 44:4, 44:6, 44:12, 44:23,