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

08/07/2025 02:56:42 PM Page 133 to 136 of 175 34 of 70 sheets 133 maintained by Essex Fells. The road is closed except1 when it's necessary for us to assist West Orange for2 police or fire activity. We actually had an, in April3 of this year a need to get to West Orange, we got a fire4 call basically in the fire department, they came in as5 fire EMS Essex Fells on Oval Road, it turned out it was6 actually in West Orange on Oval Road so we had to get7 through that gate, provide mutual aid to West Orange,8 eventually turn that scene over to West Orange. Because9 the road is blocked we couldn't access it that way, West10 Orange Fire Department came from Eagle Rock Avenue, the11 other side of Oval Road. My concern, given the flood12 water impact I see today in that area, is if that area13 is washed out, if it's, if all of a sudden it's a storm14 and the water continues to collect and it gets worse we15 will not have the ability to provide mutual aid to West16 Orange, unless we go all the way around. We're going to17 take a significant amount of time, it's not good for us,18 not good for West Orange. You're eliminating an19 emergency access that's there for a reason.20 I can only talk about Essex Fells residents,21 we're the immediate neighbor as I mentioned, down hill,22 down the stream from you, my view is certainly this23 board, you should look into this. You should consider24 what you're doing and what you're sending our way. If25 134 you look in the area there are examples, including1 Verona, North Caldwell, The Hill Top Development on2 Bloomfield Avenue, look how Bloomfield Avenue floods3 today. Right. When that property was improved nobody4 did adequate investigation to protect residents from the5 flooding. So what goes on. Well, that entire area now6 has to be redeveloped by Caldwell. Right. Flood7 protection --8 MR. PLOCKER: I'm going to object. He's9 referencing off-site properties. We have this10 application, we have a stormwater plan, we have11 professionals testify, We Care had professionals12 testify, but I think we're getting kind of outside the13 scope of this application.14 MR. AFRAN: Actually, we're not. The15 applicants planner last week, Mr. McDonough,16 acknowledged that the MLUL requires analysis in land use17 matters of impacts on neighboring municipalities and the18 gentleman, being a Mayor of the neighboring19 municipality, is doing

McDonough,16 acknowledged that the MLUL requires analysis in land use17 matters of impacts on neighboring municipalities and the18 gentleman, being a Mayor of the neighboring19 municipality, is doing exactly what the MLUL want's, so20 it's relevant.21 MR. PLOCKER: And he's testifying about how22 he thinks this job may impact Essex Fells. Now we're23 talking about other jobs. Past situations outside of24 Essex Fells, outside this property.25 135 MR. AFRAN: The witness is not limited to1 only his municipality. He's a Mayor and in that2 capacity has interactions with Mayor's and governing3 body's of all sorts of communities. Just as it's4 relevant under the MLUL that there would be impact on5 Essex Fells, he has knowledge of impacts on other6 neighboring communities, that's relevant to this plan.7 It's exactly what the legislation wanted when it created8 that provision in the MLUL. That we need to take into9 account when we zone and when we consider applications10 under the zoning ordinance the impact on neighboring11 municipalities. It's directly relevant.12 CHAIRMAN BAGOFF: I think it's directly13 relevant to the Mayor of Essex Fells. He should speak14 to Essex Fells and if there are Mayor's for other15 communities they can also testify, but we're moving16 outside the scope of expertise of the Mayor, so I would17 ask you to just focus on Essex Fells.18 THE PUBLIC: I was going to say one thing,19 I'm not testifying as an expert on Caldwell or other20 towns, I'm testifying in general, but we're all public21 officials, right. We have an obligation to understand22 the reality. I have heard, I sat through most of these23 meetings, I have heard repeatedly reference to24 stormwater, that's the DEP problem. The reality is,25 136 yes, in part the DEP has responsibility, my point to you1 as is the same thing I would do if I was uphill from2 West Orange and you guys were coming before me, I would3 not say, I wouldn't have to consider it. What I'm4 saying is, do not assume that basically someone else is5 going to look at what I'm talking about and the impact6 on the public, including me. Right. As the one Morris7 community. I understand we're not West Orange8 residents, I'm not a West Orange resident, but the9 impact has to be taken into account on our residents, so10 what I'm saying is do not ignore this. Do not off-load11 this to the DEP because we have seen plenty of

not a West Orange resident, but the9 impact has to be taken into account on our residents, so10 what I'm saying is do not ignore this. Do not off-load11 this to the DEP because we have seen plenty of examples12 as public officials where the DEP is not going to save13 anybody in two years once this thing gets built, so14 that's your job, right. That's my job in my community,15 that's your job here. So all I'm asking is that you16 take notice of that, you make this applicant prove to17 you to your satisfaction that these things are taken18 into account and there will not be an impact of a19 negative nature. It's a problem today. You know the20 problems going to get worse. Hold this applicant to21 that test and please protect my community and your own22 community, as well as Verona and other neighbors,23 adequately. You know the problem exists. Thank you.24 CHAIRMAN BAGOFF: Thank you, Mayor.25