July 16, 2025, Planning Board Special Meeting Transcript - WEHI

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 TOWNSHIP OF WEST ORANGE DEPARTMENT OF PLANNING AND DEVELOPMENT WEDNESDAY, JULY 16, 2025 6:30 P.M. RE; PB-24-01 WEST ESSEX HIGHLANDS, INC. BOARD MEMBERS: ROBERT BAGOFF, Chairman SUSAN McCARTNEY, Mayor JERRY GUARINO, Vice Chairman KEN ALPER LEE D. KLEIN SUSAN SCARPA, Council Person RYAN MacNEILL, Engineer GERARD HAIZEL, Planner JAMILET BAQUERIZO VITE, Board Secretary GENIECE GARY-ADAMS, Zoning Official JOSEPH FAGAN, Zoom Moderator WITNESS: GEOFFREY GOLL, Princeton Hydro FISHMAN COURT REPORTING AGENCY 89 HEADQUARTERS PLAZA NORTH 4 SPEEDWELL AVENUE, SUITE 1440 MORRISTOWN, NEW JERSEY 07960 (973) 285-5331 - FAX - (732) 605-9391

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 A P P E A R A N C E S: HUTT, SHIMANOWITZ & PLOCKER, ESQS. BY BRYAN D. PLOCKER, ESQ. Bplocker@huttshim.com 459 AMBOY AVENUE WOODBRIDGE, NEW JERSEY 07095 Appearing on behalf of the Applicant GACCIONE & POMACO, ESQS. BY DIANA P. McGOVERN, ESQ. ONE BOLAND DRIVE, SUITE 102 WEST ORANGE, NEW JERSEY 07052 Appearing on behalf of the Board BRUCE I. AFRAN, ESQ. 10 BRAEBRUN DRIVE PRINCETON, NEW JERSEY 08540 Appearing on behalf of the Objector, We Care NJ Corp.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 I N D E X O F E X H I B I T S EXHIBIT DESCRIPTION O-16 GEOFFREY GOLL CURRICULUM VITAE 0-17 REPORT - JULY 16, 2025 - GEOFFREY GOLL 0-18 VIDEO DECEMBER 18 - MAYOR DAVIS - FLOODING 0-19 VIDEO - MAREA DePALMA - FIRE ON GOLF COURSE

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 CHAIRMAN BAGOFF: PB-24-01 West Essex Highlands, Incorporated. Block 179 Lot 32 Zone IH-1, Warner Road. The applicant is proposing to develop a 496 unit inclusionary multifamily residential development on a vacant 120 acre property in the northwest corner of the Township. Mr. Arfan. MR. AFRAN: Good evening, Mr. Chairman. Thank you. Good evening everyone. We are ready to proceed. I think Mr. Goll, our geotechnical engineer has arrived. He was in thunderstorms, he needs a couple minutes to set up. We're ready to proceed with his testimony. CHAIRMAN BAGOFF: Okay. Mr. Afran, we're going to do a little case management now. July 30 we have a meeting, are there any other experts or people you wish to have speak at that meeting? MR. AFRAN: Yes. We have our planner, Dennis Hudacsko. Our traffic expert, Albert Warnia (phonetic spelling). Michele Byers, who will testify. While she's formally on the State Planning Commission and she's also the former recently retired executive director of the New Jersey Conservation Fund, among other things. We have two witness who have been in contact with us, but they're independent, but they'll be

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 here. That's Greg Descera and Mike Petry. Mike Petry is an engineer, I believe of Verona and Greg is one of the Township attorney's who has background on certain agreements and restrictions that he will testify to. In addition we expect to have Chris Boekel, B-O-E-K-E-L, Essex Fells Fire Department commander who was on scene at the time of the event that Ed Davis spoke to the last meeting. And in addition we have what I understand will be a witness as an expert fire chief, Richard Schartel and Richard Schartel is purely phonetic, I do not have the precise pronunciation of his name and we additionally have John Hasse, who is the chief of the Geospatial Department at Rowan University who actually has been a consultand for many state departments, Fair Share Housing, State Department of Agriculture on Geospatial aspects of properties that are identified for different state purposes. Development purposes, agriculture, preservation, parkland and actually for affordable housing and so he will testify as to their data collection with respect to this site. However, he's out of the country the whole month. He does not return until August 3, so I know the Chair wanted our witnesses to finish on that date, which I don't think is inherently unreasonable, but he is not here and so he won't be here until, let's assume he gets

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6 back August 3, he's not here until after August 3. So that, as far as I know, comprises our witnesses. If anyone has an illness or any need we might have to put a different figure in their place, but that's essentially the list who we have. That would be a full night I am sure on July 30. Obviously I don't know the extent to which there would be board or community questions, Mr. Plocker is always very efficient in his cross examination, but I don't know the extent to which the community may have questions relating to those witnesses. CHAIRMAN BAGOFF: Mr. Afran, will you transmit a list to Ms. McGovern of everything you just said so it'll all be in a nice concise e-mail MR. AFRAN: Yes, I think I'll have to do it Friday morning, I have a medical appointment. MS. McGOVERN: Any of these people for tonight? Can any of them be available tonight. Any of them here. MR. AFRAN: No, they're not. MS. McGOVERN: Who do you have tonight? MR. AFRAN: Ed Davis is here, who does have a video presentation he didn't have last meeting, but he is here. John Hadu will be arriving and he has a video presentation relating to flooding and related issues

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 7 because he's one of the individuals who lives on the border of this property and we have Geoffrey Goll, Geoff Goll who's with Princeton Hydro, he's getting ready. He is the geotechnical engineer. MS. McGOVERN: All right. MR. AFRAN: I'm sorry, one additional, Marea DePalma, who also has a video that she did not have with her the last meeting. She is here. Can I have one moment, I want to make sure there is no other names. There was an individual who was ready to testify two meetings back, there was some confusion as to which agency she was from, the Chair felt her testimony was moot because there was confusion of her agency. She is from, Ann Marchione, she's from the Essex County Environmental Commission, she may be here tonight. That concludes my information. MS. McGOVERN: How are these videos going to be transmitted? MR. FAGAN: I have them. MS. McGOVERN: You have them already? MR. FAGAN: Yes. MS. McGOVERN: All right. MR. AFRAN: I know we have a date on July 30, I know we also have tonight, potentially more

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 8 community comment, that's obviously in the Chairs discretion and we have to have a night for closings and then I don't know how much deliberation the board needs. The board might need a whole night, I don't know, so it would be helpful, especially in terms of community comment, so the community knows when to come for that because many people, Mr. Bagoff you are the victim, you're the target of those comments. Many people said, I want to comment now, I don't want to just ask questions. So many people want to do that I know and it would be helpful if we could set a date somewhat in advance so the community knows when that night might be. I don't know how far ahead you could schedule, but my client asked me if I could raise that potential possibility. CHAIRMAN BAGOFF: I think we should get the list of all the people you want and what they're talking about and then we'll be better to organize when that's going to happen. MS. McGOVERN: We can't have public comment until the testimony is done, because the people have to know everything that's being testified to. MR. AFRAN: I don't disagree. I am just conveying the request. MS. McGOVERN: And if we get all those

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9 people that you said for July 30 on July 30, I don't know. MR. AFRAN: I don't know if we can get them all in either. It would require extreme efficiency on behalf of 100 people in this room. I don't know if that can really happen. MAYOR McCARTNEY: That was my question. Has it been determined that we have a quorum on July 30? MS. McGOVERN: Do we have a quorum? MR. GUARINO: For July 30, right? MS. McGOVERN: Yes. We're checking. MS. VITE: They haven't confirmed yet. MS. McGOVERN: You have some missing people? MAYOR McCARTNEY: Our last discussion was that there were quite a number of people that were not available. MS. VITE: Mr. Alper, are you available? MR. ALPER: I am. MS. VITE: Mr. Guarino? MR. GAURINO: Yes. MS. VITE: Mr. Klein? MR. KLEIN: No, I am not. MS. VITE: Mayor McCartney? MAYOR McCARTNEY: No. MS. VITE: Councilwoman Scarpa?

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10 COUNCILWOMAN SCARPA: Yes. MS. VITE: And then Mr. Cardoza said he was available on the 30th. MS. McGOVERN: So what are we up to, four or five? MS. VITE: We have five so far. MS. McGOVERN: That's a quorum. MS. VITE: We have to find out about Mr. Wilkes and Ms. Kapferer to confirm. MS. McGOVERN: All right. So, yes, it's looking -- MR. AFRAN: I'm sorry, I was talking to my client. MS. McGOVERN: We have a quorum for July 30, yes. MR. AFRAN: Thank you. The request, I have been asked to make -- and is that regardless of the content of the particular night? Whether it's testimony, rebuttal, community comment. It's made known to me it would be helpful if we could get several dates in advance for all those purposes just so people who want to attend could plan say four to six weeks ahead or eight weeks ahead. I'm conveying that request, I don't take a position, but I am conveying that request.