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