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

5 of 33 sheets Page 17 to 20 of 130 09/16/2025 06:29:53 AM 17 zoning district and you can't divide accessory uses from1 one zoning district to another. A use variance is2 required to run that road through the single family3 residential district in Lots 8 and 9. Therefore this4 application is not complete.5 CHAIRMAN BAGOFF: Mr. Plocker.6 MR. PLOCKER: Yes. I think Mr. Afran's7 characterization of the imposing emergency access to be8 used in emergencies only. I think it's a very much of a9 stretch to call that an accessory use. We can agree to10 disagree on the record here, but it is not an accessory11 use and it should not prohibit this board from approving12 the application with the approval of that emergency13 access. Thank you.14 CHAIRMAN BAGOFF: Mr. Afran.15 MR. AFRAN: Our position is obviously16 there's nothing in the law that says an access road that17 is for emergency use somehow gets exempt from the zoning18 rules or from the need to get a use variance. There's19 absolutely no support in the MLUL or anywhere else to20 say that just because you're going to use it for21 emergency use you don't need the proper zoning or use22 variance. And if this becomes a legal issue we'll23 debate this later in this case or in court, but it24 requires a use variance, it's absolutely no exception25 18 just because it's intended for emergency access. In1 fact that renders it even more compelling a problem2 because emergency access means through the single family3 zone you're going to be running fire trucks, ambulances4 and possibly dozens or hundreds of cars leaving the site5 during an emergency. That's directly contrary to the6 notion of single family uses in that zone. So it7 requires a use variance, this is not a complete8 application and it never has been for this very reason.9 CHAIRMAN BAGOFF: Thank you.10 Good to see you Mr. Mascera.11 MR. MASCERA: Thank you, Doctor. Appreciate12 it.13 CHAIRMAN BAGOFF: Mr. Afran.14 MR. AFRAN: Thank you, Mr. Chairman. I know15 there's another independent witness, Jessica Pearson,16 from the Verona Environmental Commission. So I will17 turn the microphone over to Ms. Pearson.18 Ms. Pearson's asking me to deliver to you a19 copy of what she's going to read. I don't know how you20 want to mark it. Maybe it should be Verona21 Environmental Commission-1. I don't know.22 MR. PLOCKER: Can I see it.23 MS. McGOVERN: What's the proffer,

what she's going to read. I don't know how you20 want to mark it. Maybe it should be Verona21 Environmental Commission-1. I don't know.22 MR. PLOCKER: Can I see it.23 MS. McGOVERN: What's the proffer, what's24 the purpose of it?25 19 MR. AFRAN: It's a statement, it's not my1 witness, but she's reading a statement from the2 Environmental Commission.3 MS. McGOVERN: Isn't it public comment?4 MS. PEARSON: No, I sent it to the Mayor, to5 this board and I did note that last week, last meeting,6 last meeting the Essex County Environmental Commission7 read their's into the record. This was a resolution8 passed by the Verona Environmental Commission and --9 CHAIRMAN BAGOFF: Okay. Go ahead.10 MS. PEARSON: You don't want a copy of it?11 CHAIRMAN BAGOFF: Jamilet, you need a copy?12 MS. McGOVERN: So the next --13 MR. AFRAN: Jamilet now has a copy.14 MS. PEARSON: I did e-mail it to you as15 well.16 MS. McGOVERN: So Jamilet, I want to17 confirm, it's O-20?18 MS. PEARSON: Okay.19 MR. FAGAN: Excuse me.20 (Whereupon, a short recess is taken.)21 CHAIRMAN BAGOFF: Go right ahead.22 MS. PEARSON: Okay. Jessica Pearson,23 Verona, New Jersey. I am the chair of the Verona24 Environmental Commission. Been serving on the25 20 commission since 2013, so around about 12 years. And,1 yes, this resolution was drafted by myself.2 This is a resolution entitled, Resolution3 Urging Township of West Orange to Preserve the 120 Acre4 Forest at the Second Watchung Mountain and Ridge.5 MS. McGOVERN: Are you going to be taking6 questions or making any other comments, then I would7 have to swear you in or are you just reading this?8 THE PUBLIC: If --9 MS. McGOVERN: Do you swear or affirm to10 tell the truth only.11 MS. PEARSON: Nothing but the truth.12 I do.13 MS. McGOVERN: Thank you.14 J E S S I C A P E A R S O N, having been15 duly sworn under oath testifies as follows:16 MS. PEARSON: Okay.17 "WHEREAS, the 120-acre property at Block18 179, Lot 32, known as the “West Essex.19 Highlands” is a core forest; a critical environmental20 facet of Essex County, New Jersey providing essential21 habitat and water resources; and22 WHEREAS, residential neighborhoods surrounding and23 adjacent to the core forest are flood prone, experience24 repeated flooding events, and exist in the 0.2% annual25