October 29, 2025, Planning Board Special Meeting - WEHI Transcript

19 of 59 sheets Page 73 to 76 of 149 11/19/2025 04:42:31 PM 73 radii, horizontal and vertical curbs, etc. Reducing1 cartway width and changes in design standards necessary2 to implement traffic calming devises." So the examples3 that are given, and you agree those are examples given4 in the RSIS?5 MR. MacNEILL: I believe so.6 MR. AFRAN: You would agree those examples7 are very small and minor matters that occasionally could8 be corrected without real burden to anybody, fair to9 say?10 MR. MacNEILL: Fair to say.11 MR. AFRAN: Now, would you say a extra,12 forgetting 5100 and the totality of the traffic in this13 gigantic cul-de-sac, when you look at all two14 developments plus the new one, looking at only the 2728,15 which is in excess of 1000, is it fair to say in your16 opinion as someone familiar with RSIS, that an17 additional 1728 rides or trips per day is not de18 minimis?19 MR. MacNEILL: That is not what I'm saying.20 MR. AFRAN: I'm asking you in your opinion21 as an engineer who studies this work. You're a22 municipal engineer, correct?23 MR. MacNEILL: So the de minimis exception24 request was submitted by the applicant and should be,25 74 any testimony regarding the de minimis exception request1 should be answered by the applicant, not by the board2 engineer. I am not supporting or denying this3 application in any way. I am not going to recommend4 this to be approved, it is up to the board to make that5 decision based on the de minimis exception request6 submitted by the applicant.7 MR. AFRAN: It's a simple question. I mean,8 are you prepared to say as a professional municipal9 engineer who is familiar with RSIS and has studied it,10 has worked with it, that an additional 1728 rides per11 day, trips per day on the ADT, is it de minimis?12 MR. MacNEILL: I will have the same13 response. That is not up to me to decide as the board14 engineer, not the applicants traffic engineer, and not15 the board that is going to be making that decision.16 MR. AFRAN: That's your answer, correct?17 MR. MacNEILL: That is my answer.18 MR. AFRAN: I have asked my question. I19 preserve it. You answered. That's fair.20 MR. MacNEILL: Exactly.21 MR. AFRAN: Now, let's assume for the sake22 of argument Kuzik was open, as the applicant originally23 proposed.24 MR. PLOCKER: Objection. It is proposed as25 75 opened.1 MR. AFRAN: Fair enough. As is proposed by2 the applicants

e for the sake22 of argument Kuzik was open, as the applicant originally23 proposed.24 MR. PLOCKER: Objection. It is proposed as25 75 opened.1 MR. AFRAN: Fair enough. As is proposed by2 the applicants suggestion de minimis exception to deal3 with terms of their prior settlement. Now, let's assume4 Kuzik is open, you understand Kuzik to be a short loop5 road that loops right back to Warner, is that correct?6 MR. MacNEILL: Yes.7 MR. AFRAN: Would you agree it's8 approximately one tenth of a mile in length?9 MR. MacNEILL: I don't know the exact10 length.11 MR. AFRAN: But it's a relatively short12 road?13 MR. MacNEILL: Yes, I would agree with that.14 MR. AFRAN: So if you leave the development15 and go through Kuzik you go right onto Warner, correct?16 MR. MacNEILL: There's no denying that.17 MR. AFRAN: Right. And if you leave through18 the Building D road that goes right onto Warner,19 correct?20 MR. MacNEILL: Yes.21 MR. AFRAN: Okay.22 So these residents who will live in these23 496 units are all going to feed right into Warner, just24 like the residents of the other two developments do25 76 today, is that correct?1 MR. MacNEILL: That's correct.2 MR. AFRAN: And all those people will leave3 through Oval, correct?4 MR. MacNEILL: Yes.5 MR. AFRAN: And there's no other way of6 ingress or egress from his large complex of three7 developments except through Oval, is that correct?8 MR. MacNEILL: So are you talking about the9 proposed development on-site or West Essex Highlands as10 it exits today?11 MR. AFRAN: I said to you there are -- well,12 I'm not sure why are you doubting my question. I asked13 you --14 MR. MacNEILL: I'm asking you to clarify the15 question. I'm asking are you talking about the proposed16 development which stops at the property line or are you17 asking about the proposed development plus the existing18 development.19 MR. AFRAN: I said --20 MR. MacNEILL: Because my answer would be21 the proposed development ends at the connections to22 Warner and Kuzik Drive, which is outlined in RSIS, which23 is the only way as a professional engineer I could24 review this project.25