June 30, 2025, Planning Board Special Meeting Transcript - WEHI

08/07/2025 02:56:42 PM Page 117 to 120 of 175 30 of 70 sheets 117 affordable housing entered the picture and became a key1 to the current proposal before the board. The key2 events surrounding that were really in 2020 when, among3 other things, there was a settlement, two settlement4 agreements entered into. There was a Judicial Fairness5 Hearing and there was an ordinance adopted by the6 council which was the ordinance that Mr. Plocker has7 made clear is at the heart of his argument to the8 Planning Board. As an involved citizen for many years I9 have to say that 2020 was the heart of COVID.10 MR. PLOCKER: I'm going to object to the11 extent that any of the actions regarding the towns12 filing of it's Declaratory Judgment action, the13 mediations which ensued, the settlement of that action,14 the fairness hearing, the rezoning of the property and15 the judicially noticed compliance hearing, that any of16 that should be looked upon negatively because it17 happened lawfully during the COVID-19 pandemic and that18 it should be completely disregarded by this board.19 CHAIRMAN BAGOFF: We're going to move20 through all the legalese and get to the land.21 THE PUBLIC: I will move onto another22 dimension which is both my observation as a long time23 resident and I think I speak as you've heard from the24 questions from the public, on behalf of a lot of people25 118 in the public who have deep concerns about how this1 development will effect them, their health and safety2 and well-being and I hope and believe those are concerns3 that the Planning Board will take seriously and weigh in4 your decisions. It's not, I think a mechanical decision5 you have to make whether this application simply falls6 within the four corners of the ordinance, but the7 broader concerns about public health and safety. I was8 struck as a matter of fact when I looked at the Vision9 Zero report for West Orange that Mayor McCartney had10 indicated that her primary concern as a Mayor was the11 safety and well-being of all the residents of West12 Orange. And I think that issues directly or indirectly13 before this Planning Board.14 MR. PLOCKER: And I'm going of object. Mr.15 Tractenberg is an officer of the objector group, they16 have an attorney, a very capable one in Mr. Afran.17 These are legal arguments that I'm sure Mr. Afran will18 make on his summation and he's tried to elicit

is an officer of the objector group, they16 have an attorney, a very capable one in Mr. Afran.17 These are legal arguments that I'm sure Mr. Afran will18 make on his summation and he's tried to elicit through19 testimony. So to the extent that he, as an officer of20 the objector organization, these are legal arguments.21 These aren't factual observations. These aren't22 comments regarding what he sees on the property23 regarding proposed development or current conditions.24 So I would ask that the board have him move on, please.25 119 CHAIRMAN BAGOFF: Mr. Tractenberg.1 Mr. Afran.2 MR. AFRAN: If I may. The motivation of an3 objector, Ms. McGovern pointed out, is relevant. And4 the concern of an organized group of safety and health5 issues is a relevant part of the reason they're in the6 case. Perfectly relevant for him to explain We Care's7 general concerns. That is not improper. It's8 absolutely necessary.9 CHAIRMAN BAGOFF: Continue Mr. Tractenberg.10 THE PUBLIC: Okay.11 Which brings me to my next observation based12 on both personal experience and long exposure to this13 process ongoing before the Planning Board. I think14 there are deep concerns, and I share them on the15 dangers, not only to the surrounding neighbors and16 neighborhoods and communities of the single way in and17 single way out of this property, but I think it18 represents a real danger to anybody who might inhabit19 apartments developed under this proposal. And you will20 hear, I think, from some other community witnesses who21 have suffered through some of the dislocations when Oval22 Road or Warner Road has been closed and they've been23 trapped in their houses or unable to access their24 houses. So I think that's a major concern.25 120 We're also concerned, I think, by the things1 in the application process that remain unaddressed2 despite the Planning Boards engineers reports that3 required them. Things like water, potable water4 connection, sewer connection.5 MR. PLOCKER: Again, this is expert6 testimony. These are items best left to the7 professionals and I believe there are professionals on8 both sides did testify as to these things.9 CHAIRMAN BAGOFF: Yes, they have.10 Go ahead.11 THE PUBLIC: Yes.12 There is no real tree plan, there are many13 things that I think are problematic about this process14 and things that your own consulting engineer had said15 should be weighed in on

THE PUBLIC: Yes.12 There is no real tree plan, there are many13 things that I think are problematic about this process14 and things that your own consulting engineer had said15 should be weighed in on before the board, not as16 conditions to approval after you decide. And I think17 there's very keen concern in the community and that I18 feel as a resident to those things.19 Let me just, a few more things.20 I want to address for a moment the concerns21 and I am, as some of you know, a career long advocate22 for the rights of low income people and students and23 minorities, so I'm the last to oppose affordable housing24 and indeed we have tried to communicate to the Fair25

31 of 70 sheets Page 121 to 124 of 175 08/07/2025 02:56:42 PM 121 Share Housing Center that there are much preferable1 sites in West Orange.2 MR. PLOCKER: Again, this is going to the3 heart of the litigation that took place over about a4 five-year period.5 CHAIRMAN BAGOFF: Move on, please.6 MR. AFRAN: Well, it goes really to the7 motivation. He's trying to dispel the idea we're not --8 CHAIRMAN BAGOFF: The board understands.9 Heard this already.10 THE PUBLIC: I would just refer the Planning11 Board to one document, I hope you have seen it, the Fair12 Share Housing Center published in December 2024, a13 publication entitled, Developing Effective Housing Plans14 In The Fourth Round. A Guide for Municipalities,15 Planners, Developers, Non Profits and Advocates. It16 provides, I think, very important and relevant guidance17 as to what is a suitable location.18 MR. PLOCKER: Okay. Again, I'm going to19 object. That's a document that was prepared, allegedly20 issued by the Fair Share Housing Center who, for21 everyone here, is the public advocate and nonprofit22 organization that seeks to enforce the Mount Laurel23 doctrine. But one, it was put out, I believe, correct24 me if I'm wrong Mr. Tractenberg, 2024 regarding the25 122 fourth round, Fair Share Housing Center was a party to a1 companion settlement agreement in the towns third round2 Declaratory Judgement action. I think it's -- it's not3 relevant and I'm sure it's -- I'll leave it at that.4 CHAIRMAN BAGOFF: Thank you.5 Move on.6 THE PUBLIC: Well, I know and lots of7 residents think that finding a suitable and appropriate8 location for affordable housing is a top priority. It9 may be that Fair Share Housing Center entered into an10 agreement, they're active conversations going on as to11 whether --12 CHAIRMAN BAGOFF: It's not us. We're not13 part of that.14 THE PUBLIC: Right. I assume part of the15 Planning Boards concern and effort is to ensure, not16 only that the units are built, but they are built in a17 suitable location and that I think is --18 CHAIRMAN BAGOFF: Yes, so we have a zone.19 THE PUBLIC: I think with that I am20 finished. I am happy to answer any questions.21 CHAIRMAN BAGOFF: I want to thank you very22 much.23 MR. PLOCKER: Thank you, Mr. Tractenberg.24 THE PUBLIC: You're welcome.25 123 CHAIRMAN BAGOFF: Any other members of the1 public want to testify? I'm sorry. Wait one second.2 Don't go

you very22 much.23 MR. PLOCKER: Thank you, Mr. Tractenberg.24 THE PUBLIC: You're welcome.25 123 CHAIRMAN BAGOFF: Any other members of the1 public want to testify? I'm sorry. Wait one second.2 Don't go away.3 Members of the board have questions?4 Mayor McCartney.5 MAYOR McCARTNEY: I don't have any6 questions, just a couple things that Mr. Tractenberg did7 say, the only comment that I want to make is that I do8 remember from the -- the only comment that I do remember9 from the original application was the road egress and10 ingress and the township in the process of developing11 the fourth round affordable housing --12 THE PUBLIC: With all due respect, I have a13 copy of your resolution and there were a number of14 concerns.15 CHAIRMAN BAGOFF: Mr. Tractenberg, we're not16 going to --17 THE PUBLIC: I thought the Mayor raised a18 question and I was trying to respond.19 MS. McGOVERN: I was talking about the20 fourth round.21 CHAIRMAN BAGOFF: One commonality that was22 the roadway, we agree to that.23 MAYOR McCARTNEY: And I think what I do24 recall is talking about trying to preserve the land.25 124 That it was never for sale, so as I remember actually1 asking that during the hearing at that time and we have,2 we were told numerous times the property was not for3 sale.4 THE PUBLIC: Well, I don't think that's5 entirely accurate. We were in serious discussions with6 the developer --7 CHAIRMAN BAGOFF: Mr. Tractenberg, it's the8 way she remembers it. This is the way she remembers.9 This is the way she remembers.10 MR. AFRAN: So I do think if, I do think11 with great respect, I do think that if the Mayor raised12 her own recollection it was not for sale then I know the13 witness, who also was involved with these things at the14 time, does have a right to give his actual recollection.15 MR. PLOCKER: It's not relevant whether the16 property was for sale or not.17 CHAIRMAN BAGOFF: He did. He talked about18 what happened. So he had his recollection, the Mayor19 has her recollection.20 MR. AFRAN: Okay. That's fair.21 CHAIRMAN BAGOFF: Thank you.22 THE PUBLIC: Just one thing that's not a23 matter of recollection but of record. The Township24 actually submitted in 2010 a Green Acres proposal to25

08/07/2025 02:56:42 PM Page 125 to 128 of 175 32 of 70 sheets 125 fund the acquisition and preservation of this property.1 MR. PLOCKER: Okay. I'm going to object.2 It's irrelevant to this application.3 CHAIRMAN BAGOFF: Mr. Klein?4 MR. KLEIN: I have no questions.5 CHAIRMAN BAGOFF: Ms. Kapferer?6 MS. KAPFERER: No questions.7 CHAIRMAN BAGOFF: Vice Chairman Guarino?8 VICE CHAIRMAN GUARINO: No questions at this9 time.10 CHAIRMAN BAGOFF: Mr. Alper?11 MR. ALPER: No, thank you.12 CHAIRMAN BAGOFF: Mr. Cardoza?13 MR. CARDOZA: No questions.14 CHAIRMAN BAGOFF: Mr. MacNeill?15 MR. MacNEILL: No questions.16 CHAIRMAN BAGOFF: Mr. Haizel?17 MR. HAZEL: No questions.18 CHAIRMAN BAGOFF: Do any member of the19 public have any questions for Mr. Tractenberg on his20 testimony?21 Seeing none.22 Thank you very much, Mr. Tractenberg.23 Council Person Scarpa, do you have any24 questions for Mr. Tractenberg on his testimony?25 126 COUNCIL PERSON SCARPA: No.1 CHAIRMAN BAGOFF: Thank you.2 MR. PLOCKER: I think she's still trying to3 talk.4 COUNCIL PERSON SCARPA: I don't have5 anything for Mr. Tractenberg but I did have a concern6 about the residents related to the blasting and I'm7 taking their comments seriously. You know, we did state8 that the Township has a responsibility, perhaps more of9 a question of who at the Township would be tasked with10 monitoring decibel levels, blasting and what procedure11 they would be required to use?12 CHAIRMAN BAGOFF: Mr. MacNeill.13 MR. MacNEILL: So typically, and I'll have14 to confirm after review of the code, but typically it15 would be on the building department for inspections as16 well as any site inspectors for the Township to review17 the site improvements for the project. So typically,18 based on my experience, it's either the building19 department that would be in charge of inspections20 on-site or, and maybe on top of, having separate21 inspectors to review and inspect the site improvements22 separately.23 CHAIRMAN BAGOFF: Thank you, Mr. MacNeill.24 Okay. Any other members of the public?25 127 Mr. Plocker?1 Mr. Afran.2 MR. AFRAN: Thank you. Thank you for3 hearing Professor Tractenberg and we appreciate the time4 you gave him.5 Our next witness would be Mayor Ed Davis of6 Essex Fells.7 CHAIRMAN BAGOFF: Thank you.8 MR. AFRAN: I am going to -- Mayor Davis9 will give a presentation, I may interject with a10 question or two, but I will leave it

would be Mayor Ed Davis of6 Essex Fells.7 CHAIRMAN BAGOFF: Thank you.8 MR. AFRAN: I am going to -- Mayor Davis9 will give a presentation, I may interject with a10 question or two, but I will leave it to the Mayor.11 CHAIRMAN BAGOFF: Sure. Welcome.12 THE PUBLIC: Thank you, Mr. Chairman.13 CHAIRMAN BAGOFF: Please raise your14 right-hand.15 MS. McGOVERN: Do you swear or affirm to16 tell the truth the whole truth nothing but the truth.17 THE WITNESS: I do.18 MS. McGOVERN: Please give us your full19 name, spell your last name and address, please.20 THE PUBLIC: My name is Edward Davis,21 D-A-V-I-S. I'm the Mayor of Essex Fells. My address in22 that capacity is 255 Roseland Avenue, Essex fells.23 M A Y O R E D W A R D D A V I S, having24 been duly sworn testifies as follows:25 128 CHAIRMAN BAGOFF: Go right ahead, sir.1 THE PUBLIC: Thank you Mr. Chairman. Thank2 you fellow board members for the opportunity to speak3 this evening. I've been before you with isolated4 comments here and there, but my purpose in speaking5 tonight is really on factual matters, not just to6 provide general commentary on the proposal.7 I have personal knowledge of conditions8 downhill from West Orange. As you all know Essex Fells9 is nearly to your west. In addition it's important to10 understand that the Borough of Essex Fells owns just11 under 17 acres, most people view that on the grounds of12 Essex Fells Country Club, but we're actually the13 property owners. We lease that plan to the country14 club, but for public purposes we have maintained that15 property since 1920 as a well field for community16 drinking water. Currently that drinking water is17 provided to Essex fells residents, Roseland, North18 Caldwell and Caldwell. But it is also important to19 remember that's just the situation today. Historically20 we provided water to other towns, including West21 Caldwell, tends to shift over time as community22 resources and community demands fluctuate. So while23 we're serving four towns and 22,000 residents in the24 area, that can certainly change as the area continues to25

33 of 70 sheets Page 129 to 132 of 175 08/07/2025 02:56:42 PM 129 develop, not just West Orange but all the towns I1 mentioned are basically developing, and populations are2 growing. So the 17 acres are important not just for3 Essex Fells but of everybody, including perhaps in the4 future West Orange. It's a resource that is vital to us5 all, our customers.6 And physically, so you understand the7 property I'm talking about, the land that we own and use8 as a well field is right along the Canoe Brook and9 basically we own currently the well that's operated on10 that well field, the well is actually in West Orange.11 Most of the property we own is in West Orange. It is12 owned by the municipality of Essex Fells. We own a13 little bit of land in Essex Fells on the other side of14 the Canoe Brook. In addition we own what's currently15 storage facility, it's about 50 yards from the well that16 I just described, but we are currently building two17 water treatment plants, I am sure members of the public,18 members of the community are familiar with the19 initiative nationwide and the New Jersey laws have20 changed, we're required to sort of deliver water. Essex21 Fells as a result is building that well and really more22 importantly the aquifer under West Orange and Essex23 Fells and other areas, the well under that is24 contaminated due to PFOA which restricts that water. We25 130 are investing millions of dollars right now to basically1 improve that area so we can deliver clean drinking water2 for the next generation to residents in the area.3 So in terms of overall dollar number, we're4 sort expecting that project is going to budget 2.75 million dollars. Our loans could get to 5 million6 dollars, just to have one site for one-way.7 In terms of, I have personal experience just8 as my 18 years as Mayor I have seen a lot of stormwater9 issues. Mayor, I know you and every other Mayor in the10 borough council has seen this issue in New Jersey, that11 area in particular is low lying land makes sense, that's12 why the wells there, right. Water collects in that area13 today and really from the entirety of my eight years as14 Mayor and three to five of those on the borough council15 that area floods regularly. The flooding conditions16 have gotten significantly worse in the last five years17 and my concern in part is that you be aware of existing18 conditions. My

orough council15 that area floods regularly. The flooding conditions16 have gotten significantly worse in the last five years17 and my concern in part is that you be aware of existing18 conditions. My expectation that if this application is19 approved, it's not that the conditions are not going to20 get better, they're going to get material worse. At a21 minimum I'd like you to put into that question. If you22 look at the Canoe Brook, the headwaters on this project23 site, but the Canoe Brook runs right through borough24 property. Right through the well field I'm talking25 131 about and multiple times a year the Canoe Brook1 currently overflows its banks. The amount that2 overflows the bank is significant. If you haven't seen3 it, we can supply evidence of that, but basically the4 flooding, and from my view personally looking at these5 storms when I go down, I get residential complaints, I6 get photos sent to me every time there's flooding.7 You're talking about 150 yard wide flood waters. The8 brooks normally, I'm going to estimate, probably about9 ten to 15 feet. Right. So that's significant. That's10 under conditions today. What it does is basically that11 goes right up to our buildings, goes right up to our12 well house and we are concerned of the impact going13 forward on those structures that are in the process of14 being approved. You know, we don't have an option, in15 terms of we cannot just not provide drinking water. So16 if there's flooding that gets materially worse based on17 this condition, it's going to cost us a significant18 amount of money and it's going to harm our buildings,19 more importantly drinking water to the public. Not just20 our residents but residents of the area.21 In addition, all though Oval Road at the22 border of Essex Fells and West Orange has been vacated,23 meaning it's owned by the residents at this point for24 the last 20 to 30 years, estimation, we are required,25 132 the borough, to maintain the infrastructure. Right. So1 currently there's a sewer uplift station right on Oval2 Road near the border of West Orange in the same low3 lying area. There's also a stormwater infrastructure,4 there's a culvert right at the border of Essex Fells and5 West Orange. Currently both those infrastructure items6 that I mentioned are stressed. We had to replace the7 culvert roughly three years ago. The sewer uplift8 station we're

order of Essex Fells and5 West Orange. Currently both those infrastructure items6 that I mentioned are stressed. We had to replace the7 culvert roughly three years ago. The sewer uplift8 station we're probably going to have to spend about9 $200,000 in the next year to improve it, to harden it10 against the water damage that's being caused by overflow11 from West Orange and a little bit from Essex Fells12 that's collecting in that area. So, again, we cannot13 provide sewer service for our residences. If the water14 gets worse we're going to have to significantly improve15 the area and nobody is even looking at that question16 from our perspective.17 In addition, and it should be Mayor, you18 know, I don't know, how did you become the Mayor. Well,19 I'm an 18 year member of the Essex Fells Fire20 Department, I'm known as the Mayor and as a fireman that21 right now we maintain emergency access to West Orange on22 Oval Road. There's a, not temporary, but a wooden gate23 there that basically you could drive-through there if24 the fire engine needs to, but it has a lock on it25