January 14, 2026, Planning Board Special Meeting - WEHI Transcript

fe16 concerns and legal. I am going to try to move quickly17 here.18 Built on the cliffs edge. Habitat impact.19 Discrepancies on the applicants and objectors expert20 testimony on slope stability and safety, quality of life21 concerns, the aesthetics, obstructing scenic views,22 causing shadows or the change of character of our23 neighborhood. Noise levels and light pollution during24 construction and eventual occupation. Property value25

02/03/2026 04:49:05 PM Page 61 to 64 of 122 16 of 53 sheets 61 dropping and proximity of Building D to our homes.1 Let's see.2 Legal. Howell Drive was not properly3 notified about the input in the settlement agreement in4 the zone overlay ordinance before the Planning Board.5 There is no proof of delivery and that is from an e-mail6 from the deputy municipal clerk on 8/14 from an OPRA7 request concerning green cards or proof of delivery8 notification. We have been unable to locate them.9 I am trying to click forward. Sorry. There10 we go.11 This is the area of focus, the developers12 design. Sorry, I think I went -- sorry about that. I13 did go to fast. Okay. So this is the current14 developers design. This is the area that we are talking15 about and as you can see we don't know where the houses16 are exactly.17 The neighborhood will have the largest18 building of the project towering over our homes.19 I said that, I am not going to repeat. Let20 me go to the next slide. Okay.21 So this is the concept plan that was22 submitted on 3/3/20. You can see the look of the23 building here. This is the latest design two years24 later, a part of the Planning Board application. So25 62 it's moved closer to the slope and it's changed1 significantly. I don't know what that exactly looked2 like but this building here, and you will see on my next3 slide, I am going as fast as I can here. You will see4 this is really not one building but two buildings. It's5 connected by this little lobby area here. So I am not6 sure why it's considered one building. You can see7 Building D is the largest building. Building Ds8 location has made this the luxury building only because9 of the views it's providing being closest to the slope.10 Building D will be higher than -- it will be higher than11 the tree canopy. Why is this building the only one with12 a rooftop deck added on later after the original design13 was submitted. Those questions have still not been14 answered.15 These are Google Map images of screen shots16 that I took and drew on myself on 3/24/25. The red17 arrow view is up the hill. The blue line is the18 approximation. Again, I approximated, I'm not an19 engineer, on the line of the slope for Building D. The20 line of the slope for Building D is approximately here.21 This is 17 Howell, this is 15 Howell and you can see the22 slopes. This is 13 over here. So the arrows

line of the slope for Building D. The20 line of the slope for Building D is approximately here.21 This is 17 Howell, this is 15 Howell and you can see the22 slopes. This is 13 over here. So the arrows are23 showing right up the slope there and this is the24 cul-de-sac where the emergency exits going to be.25 63 This is another image from another angle1 which we have not seen. Here you have Howell Drive here2 and you can see you have 15, 17 and across the street is3 16 with the ridge line being here and Building D being4 somewhere in this area towering over our neighborhood.5 This is a screen shot that I took on6 3/24/25. The white line in the photo is going up the7 slope from Howell Drive to Building D, approximate8 location according to the design, which is 413 feet from9 the roadway from the homes of 13 and 15 on Howell Drive.10 Howell Drive is here. Building D is here. The11 emergency road cul-de-sac is here. Building D is12 somewhere here. This is measuring a total of 413 feet,13 according to Google Maps. Right here it's about 20014 feet. So you can see how close this is from our homes.15 And this is an aerial view according to Google Maps.16 Next one. Real quick, the white line is17 going up from 17 Howell, which is my home. On the18 corner of Building D, which might be approximately about19 here. Again, the cul-de-sac. Here is the rest of the20 homes on Howell Drive and in Verona. Howell Drive in21 West Orange. 17, 15, 13 and so on down the line. And22 you can see that it's 200 feet, 334 feet from the23 residential homes.24 Here we are looking at, again, a Google Maps25 64 shot approximately, the reason I am showing this is1 because you can see it's not depicting our homes.2 The little ambulance at the top is where3 that emergency access is, but we still don't know the4 length of that road. So basically I'm requesting a5 visual overlay to know the exact location of Building D6 and how it's going to affect our neighborhoods. The7 yellow and blue ambulance up here represent the8 emergency areas.9 Okay. Both images captured on Google Maps10 again. Another different viewpoint here. Howell Drive,11 the emergency egress. This is where the ambulance is12 and the cul-de-sac is. Howell Drive in West Orange.13 You have homes 15, 13 and 11 right over here and14 proximally Building D somewhere in this area over here.15 Now, this, if I went to fast my

is12 and the cul-de-sac is. Howell Drive in West Orange.13 You have homes 15, 13 and 11 right over here and14 proximally Building D somewhere in this area over here.15 Now, this, if I went to fast my apologies16 again.17 This view is looking up here on the street18 of Howell Drive using Google Maps. The blue line19 indicates approximate view of Building D roof according20 to the plan. If you can stand here on Howell Drive21 looking up, this is house number 15, you are going to22 see this huge building towering over Howell Drive.23 Okay. Google Maps screen shot 3/24. Aerial24 view looking down on 13, 15, and 17. Cul-de-sac,25

17 of 53 sheets Page 65 to 68 of 122 02/03/2026 04:49:05 PM 65 ambulance. Supposedly the road is somewhere going in1 here. And Building D is somewhere on here. Now, please2 notice on 15 Howell Drive you already have these3 structures. This is all wooden structures here, I have4 them in my backyard as well keeping the slope from5 coming down into our homes, which these homes, which we6 purchased many years, not on the original construction7 but after that you can see that we are on a slope8 already. So the blue line represents the line for9 Building D. The corner of somewhere around here.10 The ambulance is the emergency access and11 these are the homes that I was referring to.12 These photos we recently taken, 11/2/25,13 standing on the Howell Drive cul-de-sac. Which side14 will the access road be built on of the electrical box15 and what about drainage. So here we are. There's16 cutouts over here. Is it going this way, is it going17 this way. Is this being moved to the right, off to the18 left. Where that guardrail is, is our homes. So we19 have not seen plans for that emergency road access and20 how that drainage might affect those slopes.21 These photos were taken December 3, 2025 by22 my own camera. View from the second floor of my home23 and you can see the cul-de-sac up here and you can see24 that Building Ds corner will be that way and you can see25 66 the wood holding up the slopes as well that might be1 stable or unstable.2 This is a view from my own home, again, from3 my driveway looking over at my neighbors at 15. And you4 can see the slope here, how steep that slope is in5 reality, not depicted in anything that we've seen yet.6 I am almost done, Mr. Chairman. Thank you.7 Photo taken by my phone on 3/12/24. This is8 standing up at the cul-de-sac looking down the slope.9 That's my driveway right there.10 From 17 and 15 Howell. 17 is this way, 1511 is that way. And, again, looking down Howell you can12 see how steep the slope is and why we're all concerned.13 The third picture is looking to the right14 all at the top of the steep slope. House number 15 is15 right here and that's where the core sample, some of16 those samples were taken in this area, as we watched the17 tractor almost tipping over.18 Photo taken on my mobile device standing on19 17 Howell Drive. My driveway, again, from my driveway20 looking up. The yellow represents the potential

as we watched the17 tractor almost tipping over.18 Photo taken on my mobile device standing on19 17 Howell Drive. My driveway, again, from my driveway20 looking up. The yellow represents the potential ridge21 line. Again, looking up at my driveway and that's where22 we're going to see Building D towering over our homes23 and you can see the rooftop of 15 here and how it24 relates to the slope and how steep that is. That was a25 67 photo, my apologies, that was a photo taken by myself on1 12/17 -- it's a typo '26. Just recently. I don't take2 photos into the future.3 Okay. This is a photo taken on March 12, I4 think you're getting the idea now. And I would like to5 submit these and I am almost done.6 CHAIRMAN BAGOFF: You're done.7 THE PUBLIC: That is my last slide here.8 This is coming up Howell Drive and as you can see you9 will see all of Building D towering over Howell Drive.10 That's the end of my presentation and thank you for11 letting me submit this and for my comments.12 CHAIRMAN BAGOFF: Thank very much, Mr.13 Weisleder.14 THE PUBLIC: Would you like copies?15 MS. McGOVERN: We're going to mark that,16 just the paper document as Weisleder slides O-43. I'll17 take one if you want to give it to me.18 THE PUBLIC: Oh.19 MR. AFRAN: I'm sorry, you said the paper,20 you mean the paper copy?21 MS. McGOVERN: The paper copy.22 MR. AFRAN: Of the photos as well?23 MS. McGOVERN: Yeah.24 MR. AFRAN: O-43?25 68 CHAIRMAN BAGOFF: Yes.1 MR. AFRAN: Thank you.2 CHAIRMAN BAGOFF: Come on up. State your3 name for the record and address, sir.4 THE PUBLIC: Hi. Victor Misarti. I live on5 Mayfair Drive and Dr. Bagoff, as I told you before and6 you agreed, I am going to read a statement from this7 other person who's been here, you guys might recognize8 him, Bob Sharenow. He lives in the Highlands and it's9 going to be three minutes, he says.10 MS. McGOVERN: Do you swear to tell the11 truth th whole truth nothing but the truth.12 THE PUBLIC: I do.13 So the statement, maybe I am wrong, but I am14 looking at this plan as I would look at a balance sheet15 with assets and liabilities. So let's look at the16 assets side. There are only two items that are here.17 Number one, a developer who wants to get a return on his18 investment and number two, to help the town fulfill19 their affordable housing requirements. I wonder how20 many are really needed, affordable housing. A member of21 the

wants to get a return on his18 investment and number two, to help the town fulfill19 their affordable housing requirements. I wonder how20 many are really needed, affordable housing. A member of21 the town council appeared a few meetings ago and pointed22 out that 25 percent of the affordable units are not yet23 rented and at Stone Hill Apartments at Essex Green Mall,24 which has been open for about a year. Makes one think,25

02/03/2026 04:49:05 PM Page 69 to 72 of 122 18 of 53 sheets 69 how many do we really need.1 Also think about this, those who live there2 at Essex Green have a supermarket, restaurants, movie3 theater, best of all they have public transportation4 readily available. This proposed project does not offer5 any of those conveniences which would be surely needed.6 Okay. Now let's look at the liability side.7 It says here, oh my God, it's actually overwhelming,8 probably take five to ten hours to cover everything9 that's wrong with this development, certainly not three10 minutes. But you, the Planning Board, have heard most11 of these negative aspects over the last Planning Board12 sessions and over the past months and counting. You13 have heard from Mayor's, council members of adjoining14 towns to express their opposition. They have outlined15 all the reasons that this would be causing hardship to16 their communities as well. You have heard from17 environmental commissions from almost every town in18 Essex County and from dozens of environmental groups.19 Environmental groups throughout the state voicing their20 objections. In addition you heard right in this room21 Jonathan Redwine, a member of your own West Orange22 Environmental Commission, just how bad this proposal is.23 Furthermore, just a couple weeks ago both you, the24 Planning Board and the Town Council received from Essex25 70 County Environmental Commission a resolution spelling1 out in detail the numerous reasons to vote this down.2 So in conclusion, I know you're caring and3 dedicated people and deep down you know this project is4 wrong. So I ask -- so all I ask is to please let the5 facts and your conscious guide you. You have an6 obligation for the good and welfare of thousands of West7 Orange residents and neighbors in your hands. It's a8 simple vote no, as you did in 2006 when the proposal was9 only 136 homes not 496 apartments. Okay. Thank you for10 these three minutes and thank you everyone in the room11 for standing up and saying to vote this down. That is12 the statement.13 CHAIRMAN BAGOFF: Thank you very much.14 Do any other members of the public have any15 comments about this application? Please come up and be16 identified. State you name and address for the record,17 please.18 THE PUBLIC: Jennifer Sherret, 11 Howell19 Drive.20 MR. AFRAN: Excuse me one moment.21 MS. McGOVERN: How do you

lease come up and be16 identified. State you name and address for the record,17 please.18 THE PUBLIC: Jennifer Sherret, 11 Howell19 Drive.20 MR. AFRAN: Excuse me one moment.21 MS. McGOVERN: How do you spell your last22 name?23 THE PUBLIC: S-H-A-R-R-E-T.24 MS. McGOVERN: Thank you.25 71 Do you swear or affirm to tell the truth the1 whole truth nothing but the truth.2 THE WITNESS: Yes.3 MS. McGOVERN: Thank you.4 CHAIRMAN BAGOFF: Go right ahead.5 THE PUBLIC: We've lived in West Orange over6 15 years. I live within the 200-foot notice area and I7 want to individually object to this application and8 reserve all rights. Our backyard abuts the woods, just9 below the slope. The top part of our yard is a hill10 making it good for sledding but bad for flooding.11 During Hurricane Irene, Ida and several large rainstorms12 in between water swelled up from the ground and come13 into our basement.14 Now, I first heard about this project in15 2018 when the developer sought a letter of16 interpretation on the wetlands. Our neighbors growled,17 we wrote the DEP and we heard nothing. We weren't18 informed in 2020 when this settlement was proposed to19 the town council or when the zoning ordinance was passed20 by the Planning Board. I never received proofs of21 service when I inquired when I first learned about this22 again in 2023. At the time we learned that it was full23 blown plans to build four apartment buildings crisscross24 over wetlands. Previously my neighbor who, lives even25 72 closer to the woods, also the 200 foot notice area, did1 not receive that notice which is when we first or I2 first realized that this Eagle Sciences letter from the3 developer had not been properly delivered to all the4 neighbors. So we started knocking on doors and getting5 everyone to know that at least. And that's how a lot of6 us come to together. I am very concerned about7 flooding. This project is going to be removing over8 5000 trees which serve as a natural way to prevent9 erosion and flooding. If we experienced flooding in10 years past, I do not see how a new project will not11 exacerbate the issue and I believe expert testimony from12 Princeton Hydro demonstrated that. As recently as this13 past year in 2025 whenever there is a bad rain, not a14 hurricane, but one of the bad rains we seem to get all15 the time now, I have a river running through my16 backyard.17 Another issue

y as this13 past year in 2025 whenever there is a bad rain, not a14 hurricane, but one of the bad rains we seem to get all15 the time now, I have a river running through my16 backyard.17 Another issue specific more to where I live18 on Howell Drive that I did not believe has been given19 sufficient attention throughout these proceedings is the20 sewer line. The sewer line from the Highlands comes21 through the woods and goes underneath my property out22 onto the street on Howell Drive. Now, this sewer line23 gets backed up all the time and there's a stench. My24 neighbors and I have called the department of health and25