September 3, 2025 Planning Board Regular 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, SEPTEMBER 3, 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 JOHN CARDOZA LORI KAPFERER FRANK NOBORINO SUSAN SCARPA, Councilwoman RYAN MacNEILL, Engineer GERARD HAIZEL, Planner JAMILET BAQUERIZO VITE, Board Secretary GENIECE GARY-ADAMS, Zoning Official JOSEPH FAGAN, Zoom Moderator WITNESS: ALEXANDER LITWORNIA, Traffic Engineer 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 0-27 WEISLEDER LETTER 0-28 MAIN REPORT AUGUST 22, 2025 - 31 PAGES 0-28A SLIDE SHOW 0-29 MR. GREEN'S REPORT AUGUST 22, 2025

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, Inc, 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. PLOCKER: Good evening. Bryan Plocker on behalf of the applicant. CHAIRMAN BAGOFF: Thank you, Mr. Plocker. Do you have information for counsel for the Planning Board? THE PUBLIC: Thank you. This is a letter dated August 25, 2025. First name is Seth, last name is, Weisleder, 17 Howell Drive. This is from myself to the Township of West Orange Planning Board West Highlands, Inc., PB-24-01. "Dear members of the West Orange Planning Board, I live on Howell Drive and been following the testimony about this steep slope on the eastern end of the property directly below the proposed Building D in the development application. The conflicting reports from Langan Engineering and Geoffrey M. Goll of Princeton Hydro only raise more serious questions. For those of us whose homes sit at the bottom of this slope

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 and already rely on retaining walls the stability of the slope is a major safety issue. I cannot forget what happened a few years ago on Northfield Avenue in West Orange when the rock slide forced families from the Ron Jolyn Apartments. That disaster displaced residents and showed that the risk could have been avoided, that they had been studied and addressed earlier. A report for the Township on nearby properties found conditions conducive to periodic rock fall and recommended immediate and future protections. The report also highlighted the importance of examining surface drainage patterns during normal and extreme rainfall. I am not convinced that this has been fully studied for the slope directly below Building D for this project. We must not repeat that mistake. Given these facts I respectfully request that the Planning Board retain an independent geotechnical engineer to conduct an independent study of the slopes of building and the potential risk to the homes below from blasting and construction of Building D. This study must be performed using the highest recognized professional standards available to assess rock fall, slope failure, flooding hazards and recommend pre and post construction mitigation steps where appropriate. These risks need to be measured and

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 addressed now not after the fact. This will ensure that our homes remain safe in the long-term. On behalf of my neighbors on Howell Drive, we are relying on the Township of the West Orange Planning Board to take every reasonable step to ensure our safety and well-being, making it a top priority. Nothing can override the laws of physics. Let's have all the answers upfront not after the fact when it may be to late. Respectfully, Seth Weisleder of 17 Howell Drive, West Orange, New Jersey." CHAIRMAN BAGOFF: Thank you, sir. Just for your information and the public's information, at our last meeting we asked our engineer to look at both Langan and Princeton Hydro's reports and evaluate both of them and come back to the Planning Board with what they feel is the most rational thing to do. Whether it's to get more geotechnical reports or do they have enough information both sides. So we'll wait to hear from them after they review their reports. MR. PLOCKER: Chairman. CHAIRMAN BAGOFF: Mr. Plocker. MR. PLOCKER: Just on that respect and I do recall that CME was asked to take a look at that. I do have a Langan report responding to Princeton Hydro's

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 testimony. I have it, it's finalized, just between the holiday, a lot of stuff going on in life, I have not yet served it. I will be doing so tomorrow. So I would ask that CME hold off until we get the report in and Mr. Seel can come back on the 17th to testify as to his report. CHAIRMAN BAGOFF: That's fine. Please respond and hand that in. Okay. MR. PLOCKER: Sure. Thank you. MR. AFRAN: So I'm assuming that the next witness will be rebuttal in that way from the applicant. Is that our plan? CHAIRMAN BAGOFF: I don't know yet. MR. AFRAN: Okay. CHAIRMAN BAGOFF: I want to see what our guys have to say. Thank you, Mr. Weisleder. THE PUBLIC: Can I -- all right. Can't talk. Thank you. CHAIRMAN BAGOFF: Thank you. COUNCIL PERSON SCARPA: I have a comment. CHAIRMAN BAGOFF: Council Person Scarpa. COUNCIL PERSON SCARPA: The Planning Board has heard conflicting testimony regarding the threat posed to the homeowners on Howell Drive from the West

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 Essex Highlands and they've requested an independent geotechnical engineer be retained to assess the risk of the properties. You know, applicants are required to establish escrow funds for this purpose. To hire independent experts. And particularly where public safety is at issue there can be no excuse for not retaining a truly independent expert. We cannot task the boards contract engineer with being the arbitrator of opposing experts. I think it's imperative that we have an independent geotechnical engineer. CHAIRMAN BAGOFF: Thank you, Council Person Scarpa. Okay. Do any other members of the board agree? Council Person Scarpa, our engineer and our planner are the towns and our independent expert. That's why we call on them. So -- and they do have, CME does have geotechnical experts, so we will wait to hear back from what they have to say and then the board will decide. If they feel in their estimation that they need other outside help, they will inform the board, but at this moment they are always and has been our independent planning. COUNCIL PERSON SCARPA: I just feel that an unbiased --

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 CHAIRMAN BAGOFF: They are unbiased and that's what the Planning Board uses. But thank you very much for your comment. Okay. Mr. Afran. MR. AFRAN: Thank you. Good evening, Mr. Chairman. Good evening members of the board. We have two witnesses tonight. One is -- well, Mr. Litwornia and potentially his associate or partner, Bill Green, who worked with him on this matter. They will be speaking to traffic and engineering and related planning and civil engineering matters, including RSIS issues. In addition we have our planner, Dennis Hudacsko, who will testify after they have completed their work. As I mentioned last week, it's potentially possible that we will have a very brief supplementation by Princeton Hydro in regard to a letter from the engineer that was recently submitted. I don't have confirmation of that yet, but if they do provide that it would be very brief, only probably half hour. Otherwise these are our witnesses, completing our witnesses, with the exception potentially of Princeton Hydro potentially needing to come in and supplement. That would be on the 17th, I assume.

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 In addition, as I mentioned, we would reserve our rights to respond by way of expert evidence to the potential independent engineering analysis. Before we begin our evidence, there's one task I have to do, I apologize. We try to keep these as neighborhood and friendly forums, but I do have to make one motion that I'm required to do at the earliest outset. I understand, Mr. Chairman, it's something we may go into later, but I am required to at least introduce it now. It's a matter of recusal of a board member and it's important that we sit as judges in that this is a quasi judicial proceeding, it's necessary when one seeks the recusal one does it prior to the commencement of hearings after we first learn of the meeting. You can't wait two more days after cross-examination happens or things happening and say, now I'm going to seek recusal. We're obligated legally to seek recusal of the judge when we first learn of the issue. Last week an e-mail was sent to me, regretfully this involves the Mayor. An e-mail was sent to me last week by Jonathan Redwine who testified on behalf of the Environmental Commission at the last meeting. You may recall Mr. Plocker made an initial statement that he cautioned Mr. Redwine against