September 17, 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 25 141 So you're probably not aware but there is repair going on, on Oval Road as we speak due to a gas leak that's occurring. It's just at the juncture of where Oval meets Kuzik. The point of the question is, should you have an event that closes off Oval close to Eagle Rock Avenue what is your proposed access for the residents of the Highlands and The Grande and this new development to exit to get to the center of town to get out of our development? THE WITNESS: There's no specific proposal, other than that situation being properly managed for repair situation of such nature and the residents will have the ability to have emergency vehicles get to the site based upon the emergency accesses provided. You know, traffic is maintained in those events and in various ways. It depends on what it is, it depends on where it is in the road. There are ways in a 40 foot cartway to keep roadways open to traffic. THE PUBLIC: But the hypothetical is, if it's closed for hours and let's say there happens to be a fire in one of those apartment buildings on the proposed development? THE WITNESS: Under that hypothetical the community may be inconvenienced for that period of time. It's possible.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 142 THE PUBLIC: And trapped is the word, right? Not inconvenienced but more like trapped. THE WITNESS: You can use that word, yeah. THE PUBLIC: Yes. THE WITNESS: I don't-- THE PUBLIC: A child could be having an asthma attack and you can't get to -- THE WITNESS: That's incorrect. The existing residents -- THE PUBLIC: That's what -- I'm trying to ask a question. THE WITNESS: So emergency services still have access, if there's an emergency that required the attendance of emergency services through the various emergency services routes, but the normal day to day traffic might be interrupted for a period of time, which would be an inconvenience to the existing residents and future community. That can happen, yeah. I can't say it won't happen. THE PUBLIC: Thank you. CHAIRMAN BAGOFF: Thank you. Questions for this witness. Any other questions, please come up, be identified. You have three minutes. THE PUBLIC: Marea DePalma, 67 Lapis Circle.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 143 I have a question, back some months ago, April I believe it was, there was a fire on the golf course when a tree fell over and landed on Oval. I have a mother that lives in West Caldwell fairly close, 12 minutes, and she had chest pains and I could not get out. They would not let me walk out either way, Essex Fells or on Oval. I was trapped in my own house, the neighbors at my mom's house were not home, so what happens in a case like that? I mean, the fire was on the golf course, the fire engines were on the golf course. There was a fire engine down by Warner and the road continuing on to go into Essex Fells and they wouldn't even let me out by foot. So what happens? Things happen? THE WITNESS: That's correct. And this project is not going to change that condition with the exception of it does provide another point of emergency vehicle access to the Highlands, but it does not change that existing condition. THE PUBLIC: And by the time they came and opened the roads, people that were coming home had to walk from Essex Fells, my neighbor who's 86 years old was all out of breath and I stopped to walk her home because that's the only way she could get she home. She had to leave her car in Essex Fells to walk home. So

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 144 we're trapped in and trapped out. THE WITNESS: This project is not changing that condition. THE PUBLIC: Okay. Well, that's not really safe at all. CHAIRMAN BAGOFF: Thank any. Any other member of the public have any questions for Mr. Pehnke on his testimony? Please come up be identified. You have three minutes. THE PUBLIC: Barbara Reeves, I live on Barbara Avenue. In this study when it first was presented there were about 500 to 800 cars that would be part of this plan. In normal daily situation, how is this access road going to impact on Eagle Rock, just the daily situation of people leaving, coming and going to the school and coming back and forth? MR. PLOCKER: I would just object to the subject matter of the question. The question does ask about off-site traffic conditions which the board cannot use to assess or evaluate this application. THE PUBLIC: Per the requirement -- MR. PLOCKER: Because we are zoned, that's permits density. THE PUBLIC: This is an important, very

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 145 important question. We feel there's a lot of traffic coming and going in and out Laurel and Eagle Rock. MR. PLOCKER: I'll allow Mr. Pehnke to answer. CHAIRMAN BAGOFF: He testified to the level of service at the intersection of when it becomes signalized. I will let him answer the question. THE WITNESS: Yeah, so certainly, as I've indicated in my prior testimony and tonight, the improvements that we are constructing at Oval and Eagle Rock will benefit the existing community as well as handle the additional traffic from the new community. In fact it will be a substantial improvement both operationally and safety wise that would prove to the benefit of our residents as well as the existing residents. There will also be improvements at Laurel associated with it. So overall access to Oval Road and traffic flow entering and exiting onto Eagle Rock Avenue is gong to be significantly improved. THE PUBLIC: So the thing is that, as a spectator here, I don't have a map and real visual cues to understand what's being said. So I would like to know why a presentation like this, which is so important, that those kinds of visual aids are not sent to the public or even to be able to see and understand

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 146 because this is by word of month but there is no way exactly to know how it is going to be developed? THE WITNESS: It will basically look like a traffic signal that you see everyday at intersections at Oval Road and Eagle Rock Avenue. So there's really no way to depict it, we just usually put a circle on our plans and say traffic signal. Except for the design plans that we do in detail for the county. THE PUBLIC: So we're talking about the number of people in the morning going to Eagle Rock here in West Orange, so there's a very big change being occurred and it feels you need to be responsible for it, you need to be clear not just hypothetical. THE WITNESS: It's not hypothetical, it's designed to the standard of the county. It's under their jurisdiction and it will be reviewed in detail by their engineers. THE PUBLIC: Thank you. CHAIRMAN BAGOFF: Thank you. Are there any other members of the public who have a question on Mr. Pehnke's testimony? Please come up. You have three minutes. THE PUBLIC: Marea DePalma, 67 Lapis Circle. I have a question. Right now with all the construction on Eagle Rock Avenue, which could be at any

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 147 given time, anything could happen where they may replace a waterline, gas line, the detours are horrendous right now. When we get out of here it will take me half an hour to get home. In the morning when I leave to bring my daughter to school there already is a backup to get out of my complex, so I'm waiting at least maybe seven cars. The units that you're proposing in the back is going to have dozens of other cars. How quick can those lights turn that we'll be sitting there, maybe 20 minutes to get out. How can that -- the congestion is already there. The towns are over populated with cars. For the past three years there's been a sudden change in our town -- CHAIRMAN BAGOFF: Can you ask a question. THE PUBLIC: -- and the next town. So how do you propose a light -- how many lights do we have to wait to get out? There's a lot of cars -- CHAIRMAN BAGOFF: Can you let him answer the question. THE PUBLIC: I'm asking how many lights. I mean, I'm taking seven cars to get out. CHAIRMAN BAGOFF: Ma'am. Ma'am, you have to let him speak. THE PUBLIC: Oh, I thought you said ask a question.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 148 THE WITNESS: So as I indicated this intersection will operate at excellent level of service. What that basically means is when you arrive at the signal you'll be processed when the light turns green. Very little que, very little delay. Much different experience than the stop sign that's there today. It's -- there's a big difference between a stop controlled intersection and a signal controlled intersection, so the ability to move out of Oval Road and out these neighborhoods in the future will be safer and it will be way more efficient than occur's today. And eliminates the issue you have today with sight lines, looking through the foliage that isn't properly maintained. All that goes away with the traffic signal control. THE PUBLIC: I understand what you're saying about the traffic signal, but you're having hundreds of cars go out and it's at 7:00 to 9:00, that's when everybody wants to leave. How many lights, I mean I don't know how long a signal is, but you're not going to get out in two or three or four. It might be five, six or seven. Because when I get to the bottom of Eagle Rock right now I -- three cars can go through and the lights red. And go try it. Eagle Rock and Pleasant Valley Way. Three cars get out and the lights red again. So I'm already backed up 12 cars and it takes me

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 149 at that time to get out three, four lights. That's just in my community. But with congestion from that community, even though they're might be two other access roads, there's -- it's so little space for so many cars to get out. And we're already feeling the impact of the congestion of all the people moving in now, it's been for the past two or three years. There's no where to move or go. You're like trapped. It's congested already. I can't imagine what 800 units or 400 units and 1200 cars might do. That's all I wanted to say. CHAIRMAN BAGOFF: Thank you. Any other member of the public have any questions? MR. AFRAN: One final, I'm sorry. Mr. Pehnke, I was just asked to inquire about one subject. Are you indirectly or with others in connection with your client, in communication with any municipal or other governmental official concern parking changes on and off Oval Road? THE WITNESS: I don't understand the question. MR. AFRAN: Are you in connection, contact with any municipal or government officials or are you aware of anyone on the developers team that is in connection with issues concerning the potential for

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 150 parking on Oval Road? THE WITNESS: I am not. MR. AFRAN: So you have no knowledge whether there's any contemplation of adding parking to Oval Road? THE WITNESS: I am not aware, no. MR. AFRAN: Thank you. I have no other questions. CHAIRMAN BAGOFF: Thank you. MR. AFRAN: With respect to a statement Ms. Mr. McGovern made, I just want to reserve the issue of law for the objector. That, all though we know the LH 1 ordinance allows -- CHAIRMAN BAGOFF: IH. MR. AFRAN: IH, sorry. Allows an access road/drive from Building D towards Howell, it is our legal position, as we mentioned earlier, we'll address it later. I simply want to reserve the issue, that there is no corresponding use permitted in the adjoining R-3 zone and this access road has to cross or go between two lots in the R-3. No variance has been requested and it's our position that though the IH may allow an access road on the IH zone from Building D there is no corresponding usage in R-3. And so I wanted to just respond to what Ms. McGovern said quoting the ordinance