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

29 of 59 sheets Page 113 to 116 of 149 11/19/2025 04:42:31 PM 113 --1 CHAIRMAN BAGOFF: I'm going to stop you2 right there. Ma'am, I'm going to stop you.3 THE PUBLIC: Excuse me, I am asking what his4 job is and he's not answering. He's telling me a report5 he drafted.6 CHAIRMAN BAGOFF: Ma'am, right now --7 THE PUBLIC: Can you tell me what your job8 is? I am not getting an answer.9 THE WITNESS: My job is reviewing the10 applicants plans and reports and writing a review letter11 that says what does and does not comply with the code.12 And if it does not comply, we have review comments for13 the applicant to revise and address before we would14 indicate that the plans are then sufficient with our15 review comments.16 THE PUBLIC: Which code do you check it17 with?18 THE WITNESS: Township of West Orange.19 THE PUBLIC: Township of West Orange code?20 THE WITNESS: Yeah.21 THE PUBLIC: But see the developer's22 agreement threw that all out. There is no code included23 in the developer's agreement, so what are you checking24 it against?25 114 THE WITNESS: Okay. So in this case it's1 the settlement agreement as well as the Township of West2 Orange code.3 THE PUBLIC: But the Township of West Orange4 code doesn't exist in the settlement agreement.5 THE WITNESS: So, I did --6 THE PUBLIC: It was all tossed out.7 THE WITNESS: So it related to stormwater.8 It was all outlined in the local code regarding the9 landscaping, lighting, site layout. It's all outlined10 in the zoning code.11 THE PUBLIC: I understand that, but the12 zoning code was completely cancelled in the settlement13 agreement.14 THE WITNESS: Are you talking about the use?15 THE PUBLIC: Talking about the October 202016 settlement agreement that continuously is getting17 referred to right now this evening, correct?18 CHAIRMAN BAGOFF: Ma'am.19 THE PUBLIC: Where's the zoning code, it's20 very clear it was tossed.21 CHAIRMAN BAGOFF: I'm going to ask you to22 ask him a question.23 THE PUBLIC: I am. So I am asking him what24 code he is referring to.25 115 You keep saying, zoning code, but the zoning1 code was basically written out of the settlement2 agreement that is the basis for this entire plan, would3 you agree?4 THE WITNESS: So we reviewed it against the5 Township of West Orange. That is my answer. We6 reviewed it against the code at the time of submission.7 I don't have any other answer but that. That is

e?4 THE WITNESS: So we reviewed it against the5 Township of West Orange. That is my answer. We6 reviewed it against the code at the time of submission.7 I don't have any other answer but that. That is the8 only job of the board engineer.9 THE PUBLIC: That's your -- that's how you10 construe what your job is?11 THE WITNESS: That's not -- that's not12 construing.13 THE PUBLIC: Check the box and say, this14 doesn't meet our code or this does?15 THE WITNESS: Exactly.16 THE PUBLIC: Not to give guidance?17 THE WITNESS: As -- my role is not to18 recommend an approval, recommend a denial.19 THE PUBLIC: I'm not saying recommend an20 approval, please. I'm not -- don't confuse --21 THE WITNESS: So what guidance are you22 referring to?23 THE PUBLIC: Giving guidance in telling this24 board this doesn't look like a complete plan or this25 116 doesn't meet all of the safety recommendations that I1 would want this township to follow.2 THE WITNESS: So it's not --3 THE PUBLIC: Don't you give guidance in that4 light?5 THE WITNESS: I can't comment on what I6 think would be the best.7 THE PUBLIC: Okay.8 THE WITNESS: I have to review against the9 code. I can't create regulations. I review against10 what code was already put in place. That's the only job11 that I have. It's reviewing, exactly like you said --12 THE PUBLIC: I want that job.13 THE WITNESS: -- checking off the boxes.14 THE PUBLIC: Thank you.15 CHAIRMAN BAGOFF: Okay. Thank you.16 Any other members of the public have any17 questions for Mr. MacNeill on his testimony?18 Seeing none. Thank you, Mr. MacNeill.19 MR. AFRAN: I have a follow up.20 Mr. MacNeill, you mentioned --21 CHAIRMAN BAGOFF: Mr. Afran, go right ahead.22 MR. AFRAN: Thank you.23 Mr. MacNeill, in your report number 3 you24 still have issues you're waiting for answers on?25