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 81 MR. CARDOZA: -- where did they come from? MR. AFRAN: One question is, where did the trip calculations come from? Were those from the applicants report or were those generated separately by Litwornia & Associates? MR. CARDOZA: Yes. Thank you for clarifying. THE WITNESS: We used the applicants data. MR. CARDOZA: Okay. CHAIRMAN BAGOFF: Mr. Litwornia, hold the microphone, please. THE WITNESS: We used the applicants data for that. MR. CARDOZA: Okay. Thank you. Thank you, Mr. Litwornia. I look forward to our reviewing the response documents that our experts, that the boards experts presented. CHAIRMAN BAGOFF: Thank you. Council Person Scarpa, do you have any questions for Mr. Litwornia's on his testimony. COUNCILWOMAN SCARPA: Yeah, just a quick one. Thank you for your testimony. Do you have concerns about the walkability of this site? I know you talked about the ADA five percent and the slope not allowing for the RSIS rules.

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 82 I ask because I know with affordable's it's important that it be walkable around the community. Not only the existing community but it's always best if they are near, you know, important spots. THE WITNESS: The ADA requires an accessible route, which would mean sidewalks, single lane within their limits of five percent. COUNCILWOMAN SCARPA: Okay. So you don't feel this is walkable? This is walkable. THE WITNESS: Well, you have to design it to be walkable. It doesn't necessarily have to follow the roads. And if it's over five percent you can put a ramp in, but the ramp, I think, can't be more than seven percent. COUNCILWOMAN SCARPA: Okay. I was just concerned about walkability and I just wanted to understand your concerns. THE WITNESS: Well, it's all hilly so it's problematic. COUNCILWOMAN SCARPA: Okay. Great. Thank you very much. CHAIRMAN BAGOFF: Thank you. Mr. MacNeill, do you have any questions for Mr. Litwornia on his testimony.

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 83 MR. MacNEILL: Thank you, Mr. Chairman. I don't have any questions. CHAIRMAN BAGOFF: Thank you. Mr. Haizel, do you have any questions for Mr. Litwornia on his testimony. MR. HAIZEL: Not at this time. CHAIRMAN BAGOFF: Okay. We're going to take a five-minute break. (Whereupon, a short recess is taken.) CHAIRMAN BAGOFF: Thank you. Ladies and gentlemen, welcome back here and on Zoom. How many -- can you raise your hand if you have serious questions for Mr. Litwornia this evening about his testimony that was not addressed in your mind. Questions not comments. Just please raise your hand. Just trying get an idea. Two. Okay. Please come up, you can ask Mr. Litwornia questions. Seth. Okay. Ma'am in the back, come up. Do you have a mic over there? Do you want to come over to the stand here. State you name for the record. THE PUBLIC: Gilda Paul, 6l Howell Drive. CHAIRMAN BAGOFF: Go right ahead.

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 84 THE PUBLIC: So I live across from where the emergency exit road will come out and I'm totally confused. I thought that that was only for emergency vehicles, and I'm sitting here and everyone's talking about it as an access road. Is it an access road or is it for emergency vehicles? CHAIRMAN BAGOFF: I think I'm going to let the applicants attorney answer that question. MR. PLOCKER: I think it's been clear through the testimony demonstrated it is for emergency access only. THE PUBLIC: Okay. Thank you. CHAIRMAN BAGOFF: You're welcome. Thank you. Mr. Weisleder? No questions. Does anybody else have any questions about -- come right up, sir. THE PUBLIC: I need a little clarity -- CHAIRMAN BAGOFF: Yes, sir. THE PUBLIC: -- on these two lots up on Howell that's been referenced through the night. CHAIRMAN BAGOFF: Could you give us your name for the record, sir. Your name. THE PUBLIC: Robert Sharenow from the Highlands.

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 85 On the two lots up on Howell that they're talking about that they're both family owned, those two lots from what I can understand, correct me if I'm wrong, are zoned for one family homes. Did I hear correctly from their lawyer that they got somehow an exception to not build one family homes and have that as another exit or am I misunderstanding? CHAIRMAN BAGOFF: Mr. Plocker. MR. PLOCKER: The IH-1 zoning ordinance with the township adopted in 2020 permits emergency access use over those two specific lots only, correct. THE PUBLIC: So, so they got an exception to the zoning rule, is that what he's saying? CHAIRMAN BAGOFF: No, sir. It is part of the IH-1 zone. If you go on the website, the IH-1 zone is on the Planning Boards website. You can read everything that's in there. THE PUBLIC: I hope it's very explicit because it doesn't look very kosher. CHAIRMAN BAGOFF: Thank you. MR. AFRAN: Just as a matter of law, so I don't waive any issues. Mr. Plocker's comments that the IH having impacts the emergency access to the next zone is something we will discuss legally. My silence should not be taken to mean that I agree.

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 86 CHAIRMAN BAGOFF: I understand. Go right ahead. Ask Mr. Litwornia a question on his testimony. THE PUBLIC: Niedra Dyson, Howell Drive. My question is, as far as emergency access, are we talking about fire trucks, ambulance and police or are we talking about people needing to leave because Oval Road is closed? CHAIRMAN BAGOFF: I think it's going to have to be up to the Township and how they address what that meant. But we will discuss that before the application is completed. That's a good question. Come right up. State your name for the record. THE PUBLIC: Richard Baum. I live in The Grand. Okay. So there's currently 370 residents in this cul-de-sac and you guys are talking about adding another 500 residents. So my calculation says that's about an extra 1500 cars -- 900 cars and 1500 residents in that area. You know, the traffic on Eagle Rock now between -- CHAIRMAN BAGOFF: Sir. Sir. Questions of Mr. Litwornia. THE PUBLIC: I'm going to get to the

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 87 question. Eagle Rock and Oval is a dangerous intersection. My wife broke her neck in a serious accident there in '25 -- in 2005 and we came to town and wanted a light at that intersection. We were told emphatically there will ever be a light put there, it's to close to Shrewsbury. So what has changed that? CHAIRMAN BAGOFF: Sir. THE PUBLIC: I'm asking you what has changed. CHAIRMAN BAGOFF: Sa part of the agreement with the Township the applicant will go to the Essex County to get a light so that it will be signalized. THE PUBLIC: So they told us no then, so what has changed now? CHAIRMAN BAGOFF: That would be part of the finished application if it's approved. If it's not approved then it won't be. THE PUBLIC: Well, why would they approve it now and they wouldn't approve it in 2005? CHAIRMAN BAGOFF: I have -- THE PUBLIC: Big developer with a lot of money, right? CHAIRMAN BAGOFF: I'm not arguing. I'm just saying the applicant will seek to have that done. That will be part of the application.

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 88 THE PUBLIC: Are there any another places in West Orange where you have 900 residents with a single access road, a cul-de-sac? CHAIRMAN BAGOFF: Sir, I'm going to ask you to just question Mr. Litwornia about his testimony. THE PUBLIC: I'm asking, is there any other place. CHAIRMAN BAGOFF: Sir, you have to focus on Mr. Litwornia's testimony. THE PUBLIC: So there's not. Okay. I understand that. Can any of the traffic experts that reviewed this project, that the traffic conditions on Eagle Rock and Oval Road are not going to deteriorate from the way they are today? MR. PLOCKER: I'm going to object. This is an off-site traffic issue. This property is zoned and it's not a reason that can be considered. THE PUBLIC: This traffic has a thousand cars. MR. PLOCKER: And the town knew that when they zoned it. CHAIRMAN BAGOFF: Sir. Sir. You can ask questions of Mr. Litwornia on his testimony. THE PUBLIC: I think these are relevant

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 89 questions because the town is going to approve a project that is going to deteriorate the life of the residents in this area. What are you going to do for the residents in this area? If you approve this project what are you going to do? You're going to do nothing. You're not going to compensate us, you're not going to take care of us at all. You're going to do nothing. CHAIRMAN BAGOFF: So the answer, please note for the record, the answer is there comes a time when folks come and ask questions and the board listens to those questions. We have experts -- THE PUBLIC: The traffic is what you're talking about today. It's traffic that's going to be terrible. You're cramming to many residents into this bad spot. You didn't approve it years ago when it was 136 houses, why are you going to approve it now with 500? The traffic is the problem. There's a million other problems with this project too and everybody's talked about it. The traffic is the problem that's going to deteriorate the life of everybody that lives in West Orange right now. CHAIRMAN BAGOFF: Thank you for your questions. MR. AFRAN: Mr. Chairman, if I may note my disagreement with Mr. Plocker's objection to Mr. Baum'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 90 question. Obviously traffic analysis is fundamental to any site plan review and that obviously implicates traffic impacts off the site of the development. So we would take the position that that aspect of Mr. Baum's statement comprised a relevant question. So we respectfully would disagree. CHAIRMAN BAGOFF: Okay. Does anybody else have a question for Mr. Litwornia on his testimony this evening, please raise your hand. Does anybody have a question for Mr. Litwornia on his testimony this evening? Seeing none. Thank you very much Mr. Litwornia. MR. AFRAN: There is one housekeeping item, if I can, Mr. Chairman. CHAIRMAN BAGOFF: Okay. MR. AFRAN: This is with respect to Mr. Green's report which was inadvertently not entered into evidence when he testified and since he's here I would like to enter it into evidence. MS. McGOVERN: That would be O-29. That's another report dated August 22, 2025. And it's on the Litwornia stationary, but it was Mr. Green's, correct? MR. AFRAN: This document he had relied upon but it was not submitted at that time apparently or it