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

I'm asking and I, because I've14 been here multiple times in good faith, let's operate in15 the same good faith that I'm asking this question, and16 get the same good faith argument back. If we don't have17 data that is relevant to a project let's at least admit18 that that should be grounds for a pause. If we don't19 have sufficient data pause until we get it. That's all20 I'm asking. Thank you very much.21 CHAIRMAN BAGOFF: Thank you.22 Please state you name and give your address.23 THE PUBLIC: Sally Malanga, M-A-L-A-N-G-A.24 All A's like my report card.25 87 MS. McGOVERN: Do you swear or affirm to1 tell the truth the whole truth nothing but the truth.2 THE PUBLIC: I do.3 CHAIRMAN BAGOFF: Thank you. Go right4 ahead.5 THE PUBLIC: I am a board member of our6 Green West Orange representing over 2,000 families in7 West Orange. We are here to support the residents of8 the West Essex Highlands, Howell Drive, Essex Fells and9 Verona who are opposed to this project for their own10 health and well-being.11 The last time the Planning Board entertained12 an application to develop West Essex Highlands property13 they voted, no. They voted no because of the14 endangerment of the present community due to15 unmanageable, inevitable additional relentless traffic16 and limited egress. It's a trap. The fire department17 sunk the project the first time, where are they now.18 Nothing has changed except more units are planned with19 even more pressure on the land and community. This20 project is a hazard to life. We cannot afford to lose21 this canopy. 20 years ago we didn't have the symptoms22 of climate change that we have today. This property23 should be voted down for all those unknowns and for all24 those risks. The voters would be wise to remember that25 88 the current administration is in favor of this project.1 It does not take into account the objections from the2 community regarding all this flooding, tree loss,3 traffic and prior safety. Their inactions show they4 just really don't care. This year we get to choose a5 new Mayor, that person must represent the residents and6 not the outside money interest who profit and run7 leaving us with persistent flooding and compromised8 safety. Let's make sure that the next group of elected9 official does not sacrifice the residents and the trees10 for personal politics. Please vote no.11 CHAIRMAN BAGOFF: Thank you.12 Please

romised8 safety. Let's make sure that the next group of elected9 official does not sacrifice the residents and the trees10 for personal politics. Please vote no.11 CHAIRMAN BAGOFF: Thank you.12 Please come up and state your name and13 address for the record, please.14 THE PUBLIC: Good evening. Danielle15 DePalma. I am within the 200-foot notice are, 67 Lapis16 Circle, West Orange.17 MS. McGOVERN: Oh, I'm sorry. Do you swear18 or affirm to tell the truth the whole and nothing but19 the truth.20 THE PUBLIC: I swear.21 Firstly, I would like to address the gross22 misrepresentation and inappropriate comments made by23 people who were and are in the same standing. We as a24 community do not care whether it's 496 luxury apartments25

23 of 53 sheets Page 89 to 92 of 122 02/03/2026 04:49:05 PM 89 or 496 halfway houses to be built. This development1 does not belong here.2 Secondly, it is unfair that five people were3 able to decide the faith for not only 300 residents of4 the West Orange West Essex Highlands community but for5 all of West Orange and parts of neighboring towns. The6 main argument against what was just said is, oh well,7 you voted them in. They inevitably failed in their duty8 to protect the public and we did not vote for that.9 Tribal leader Vinny, a member of the Lenni10 Lenape tribe whose ancestors once lived on and walked11 this land once said, "The man who cuts down all the12 trees and kills all the animals will find that he has13 nothing left to eat." Nature sustains us. It feeds us.14 We have all grown as people over our involvement with15 this project. For me that time frame is four years. In16 extraordinary cases, such as Mr. Tractenberg, that time17 period is 25 years. Imagine that, 25 years. Think18 about who you were 25 years ago. What you stood for.19 What your life was like. Can you imagine fighting for20 something for 25 years. How special and important that21 land must be to want to preserve it for 25 years without22 wavering in that devotion. You will be raking the23 aftermath of this decision, your decision for years to24 come. Do the right thing, show that you care. Thank25 90 you for hearing me tonight.1 CHAIRMAN BAGOFF: Thank you very much.2 Any other members of the public have any3 other public comment? Please come up and testify.4 State your name and address for the record, sir.5 THE PUBLIC: Orin Knights, 19 Rosemont6 Terrace, West Orange.7 MS. McGOVERN: Do you swear or affirm to8 tell the truth the whole truth nothing but the truth.9 THE PUBLIC: Yes, I do.10 MS. McGOVERN: Thank you.11 THE PUBLIC: I am going to use the light12 because --13 CHAIRMAN BAGOFF: Go right ahead, sir.14 THE PUBLIC: Good evening, Mayor McCartney,15 Mr. Chairman and members of West Orange Town Council and16 Planning Board.17 As a resident of West Orange I'm profoundly18 concerned about the 496 unit four story housing19 development that is being proposed to be built on a 12020 acre forested acre on the Second Watchung Ridge forest21 area in West Orange. Sadly this development calls for22 the clearing of about 38 acres and deforestation of23 about 6,000 trees, not to mention the

forested acre on the Second Watchung Ridge forest21 area in West Orange. Sadly this development calls for22 the clearing of about 38 acres and deforestation of23 about 6,000 trees, not to mention the irreversible24 damage this project will have on the environment25 91 community. Thereby my family and I share the following1 personal concerns.2 This project can cause a substantial risk of3 soil erosion, rock slides, land subsidence and4 ultimately flooding in our homes and streets that are5 located around the Second Watching Ridge forest.6 In regards to flooding. I have in my hand a7 furnished picture of what can happen at the Second8 Watchung Ridge forest when we have heavy rains. I have9 a picture of it. A few years ago many homes in our area10 experienced flooding in our basements. Many suffered11 damages and personal loss. Our streets were also12 flooded. My wife and I stayed up until about 5:0013 o'clock in the morning bailing out water out of our14 basement.15 Secondly, I'm also concerned about Building16 D that's being built seven feet from the mountain ridge.17 An independent We Care expert sounded the alarm at a18 Planning Board meeting by reporting that it will be a19 tremendous risk to construct Building D within seven20 feet of the ridge line on the Second Watchung Mountain.21 I believe history is our best teacher. To refresh our22 memory, on September 1, 2021, 45 families were abruptly23 evacuated from the Ron Jolyn apartments on Northfield24 Avenue, West Orange due to a rock slide from Hurricane25 92 Ida. Unfortunately the building will ultimately be1 demolished. Thankfully no one got injured or died, and2 sadly 30 people in New Jersey died in that storm.3 On a personal note, my wife and I were in4 our home when we experienced on April 4, 2024 a5 magnitude 4.8 earthquake that shook our home. Soon6 thereafter on June 2024 we experienced another 3.47 magnitude earthquake, hence the proposed development on8 the mountain ridge, in particular Building D, causes a9 grave threat to the tenants and to our community.10 Lastly, we are immensely concerned about the11 stormwater drainage system. It was reported that the12 rock slide at the Ron Jolyn apartments was tied in part13 to a stormwater runoff issue. For the second -- for the14 record, Princeton Hydro commissioned by We Care New15 Jersey submitted a 43 page document on October 5, 202516 to Dr.

ments was tied in part13 to a stormwater runoff issue. For the second -- for the14 record, Princeton Hydro commissioned by We Care New15 Jersey submitted a 43 page document on October 5, 202516 to Dr. Robert Bagoff and the West Orange Planning Board17 explaining why building on the West Essex Highlands is18 dangerous because of flooding and other reasons.19 It is also -- it also questioned some of the20 methods that the applicants expert used in his21 investigation. Furthermore, the towns engineer CMEs22 plan is to address issues as they occur. How do you23 address a landslide that damages your home or does24 something worse, how does addressing things after the25

02/03/2026 04:49:05 PM Page 93 to 96 of 122 24 of 53 sheets 93 fact make any of us safer. If this project is allowed1 to move forward shamelessly under the guise of2 affordable housing the environmentally sensitive land3 will be forever destroyed.4 Furthermore, it is a project being built in5 an area that is unsustainable for affordable housing.6 The needless destruction of an intact forest, echo7 system, watershed and wildlife should not be destroyed8 in the name of affordable living.9 Additionally, and I have a few more seconds.10 Additionally the quality of life in our community will11 be impacted with heavy traffic and sadly we, the12 residents, will be left holding the bag with nothing to13 show but high taxes and a destroyed Watchung Ridge14 forest. Your decision and legacy will be irreversible15 and will forever leave a positive or a negative impact16 on this forest and our community, and in particular for17 those of us who's homes are here.18 And lastly, therefore we the residents of19 West Orange, We Care, our neighbors and the adjacent20 communities of Verona, Roseland, Essex Fells, South21 Orange and other advocates, respectfully request that22 the Township of West Orange reject the proposed housing23 development on the Second Watchung Mountain Ridge24 forest. Thank you.25 94 CHAIRMAN BAGOFF: Thank you, sir.1 Ladies and gentlemen, can I just tell you2 that with all the clapping, all the noise, the court3 reporter can't hear what's going on, so the record can't4 be accurate. So I understand that you're very, very5 interested in expressing yourself but this is not the6 time to do it. Just let the court reporter do his job.7 Let's get all the information accurate and recorded.8 Thank you very much.9 Does anybody else have any public comment?10 Please come up and be identified. State your name and11 address for the record, sir.12 THE PUBLIC: Brian Klein, 13 Howell Drive.13 MS. McGOVERN: Do you swear or affirm to14 tell the truth the whole truth nothing but the truth.15 THE PUBLIC: Yes.16 Initially I came here hoping to ask Mr.17 Kleinberg a couple of questions after his testimony, but18 since that wasn't allowed, I will just focus my public19 comments on what I was going to ask Mr. Kleinberg about.20 Over the last few meetings there was a lot21 of discussion about steep slopes and he was asked about22 the debris falling down the slope, damaging the

on what I was going to ask Mr. Kleinberg about.20 Over the last few meetings there was a lot21 of discussion about steep slopes and he was asked about22 the debris falling down the slope, damaging the slope,23 rock slides, things like that. One of the comments he24 made is that there wouldn't be a rock slide because it's25 95 just a dirt slope. But if you look at O-37 you will1 notice that there is a large green area, it's labeled,2 Outcrop Report. It's about a 140, 150 long area exposed3 rock. Mr. Kleinberg said it's about, at some point,4 about ten to 12-foot high, which is, you know, again, he5 is saying that there's not a rock slope, it's just a6 dirt slope but there's large areas of exposed rock.7 That rock happens to be, towers over my property at 138 Howell Drive. If you look at the base of that rock you9 will see lots of fragments which seem to have come off10 that rock face. Lots of piles of rock at the base of11 that. Based upon the exhibit, if you, you know, using12 the measurements on there, I was able to calculate that13 right at the base of that slope, the first 60 feet of14 slope right under that southern portion of that slope15 the elevation changes of 30 feet over 60-foot, that's a16 50 percent slope. When Mr. Kleinberg was asked about17 this by my wife he said when we get to the houses I'm18 not worried about any damage because, you know, it drops19 to a very flat, you know, 10, 15 degree slope. He said20 the same thing when Mr. Afran had asked him about, I21 think the meeting before, if you were to calculate,22 again, based on the same exhibit from that exposed rock23 to my backdoor is about 250 feet and it's an 84 foot24 elevation change. That's a 33 percent slope. If you25 96 measure from that exposed rock to my pool, it's about a1 200-foot distance and an 84 foot elevation change.2 That's a 42 percent slope. The first 100 feet right3 under that rock, and the rocks probably about ten feet4 above measuring 40 feet from that going directly towards5 my property. The first 100 feet it drops 40 feet,6 that's a 40 percent slope. And from that outcrop of7 rock to my kids swing set is a 160 feet distance, that's8 a 60-foot elevation change. It does not flatten as he9 suggests, it's very clear from the map, from the10 exhibit.11 A few meetings ago Dr. Pannullo asked him12 what the chances are of the slope failing. All he could13 say is the best I

not flatten as he9 suggests, it's very clear from the map, from the10 exhibit.11 A few meetings ago Dr. Pannullo asked him12 what the chances are of the slope failing. All he could13 say is the best I could do is, it is not likely. So I14 would like to point out that if it's just the best he15 can do, that it's unlikely that this large area of rock,16 which he kind of didn't acknowledge at all, sitting17 above an area where my kids can be playing without18 flattening, measure boulder size piece rocks dislodging,19 maybe due to the blasting, digging, trees being moved,20 water flows, who knows what could happen, I think it's21 pretty clear that, you know, this does not make sense.22 Thank you.23 CHAIRMAN BAGOFF: Thank you.24 Any another members from the public have25

25 of 53 sheets Page 97 to 100 of 122 02/03/2026 04:49:05 PM 97 comments? Please come up and give your name and address1 for the record.2 THE PUBLIC: Sophia Joseph, 19 Cunningham3 Drive.4 MS. McGOVERN: Do you swear or affirm to5 tell the truth the whole truth nothing bu the truth.6 THE PUBLIC: I do.7 Good evening council members and thanks for8 the opportunity to speak.9 Unlike many other members of the public I10 did just move into the area in June of last year to11 Cunningham Drive. My name is Sophia Joseph, I live12 directly across the street from the forest on the Second13 Watchung Drive. Every morning my children and I watch14 the deer step out of that forest into our yard. It's a15 small beautiful part of our routine. One reason we16 chose to live in this house. But I'm here tonight17 because removing this forest for a 496 development would18 create serious permanent risks for both the people and19 environment of West Orange. And as a parent I am deeply20 worried about what those risks might mean for my21 children's future. This forest protects our safety,22 this ridge is not empty land, it's a natural protection23 system that absorbs stormwater, prevents flooding,24 stabilizes slopes and protects homes. The soil here25 98 acts like a sponge. If you replace it with asphalt and1 compacted dirt that sponge becomes a flood tunnel. On a2 steep slope like this that means faster runoff, flash3 flooding, erosion, property damage and higher cost to4 residents and the town. With storms getting stronger5 every year this is not theoretical, we are already6 seeing how quickly roads can flood. Removing this7 forest makes it dramatically worse. Climate change8 makes this even more dangerous. We are living through9 extreme rainfall, heat waves and unpredictable weather.10 Forests like this ridge help buffer those impacts. Tree11 carbon absorbs enormous amounts of water, cool12 neighborhoods and stabilizes soil during storms. Clear13 cutting a ridge in 2025 during a climate emergency is14 simply not responsible planning. We should be15 strengthening our natural defenses not removing them.16 As a mother I think everyday about the climate that my17 children grow up in. We cannot afford decisions that18 will make their world hotter, flood prone and less19 stable. Daily quality of life will decline.20 To be honest, everyone hates sitting in21 traffic, our roads are

n. We cannot afford decisions that18 will make their world hotter, flood prone and less19 stable. Daily quality of life will decline.20 To be honest, everyone hates sitting in21 traffic, our roads are strained already as they are.22 Adding 800 to a 1,000 more cars from this one23 development means more congestion, more frustration,24 slower emergency response, more emissions and pollution,25 99 extra heat radiating from the pavement. This affects1 physical health, mental health and basic quality of2 life. People move to this area of West Orange and the3 neighboring towns because it offers nature and4 community. Projects like this erase that balance.5 Soil health equals public safety. Forest6 soil takes centuries to develop. Once developers scrape7 away the hill, it becomes unstable, this leads to faster8 runoff and downstream flooding and more erosion. Higher9 landslides. You can plant new trees but you cannot10 create 100 year old soil. Once it's gone it's gone11 forever.12 And finally, wildlife matters because it13 affects us too. The deer that visit the yard come from14 this ridge. So do the fox, owls and countless small15 species. When a forest is destroyed the wildlife will16 spill into our roads, the tics will increase, predators17 disappear and car pollution increases. This is about18 echo system health, but also human health and safety.19 The cost to West Orange will be permanent. This project20 benefits only one party, the developer. Everyone else21 loses. Safety, flood protection, climate resilience,22 privacy, peace, property value, wildlife and the23 character that makes this town special. You cannot24 rebuild a ridge, you cannot rebuild the forest in our25 100 lifetime and once the wildlife is gone it's not coming1 back.2 My ask; I respectfully urge the council to3 reject this development or at a minimum pause until4 independent stormwater and environmental traffic studies5 are more complete and make it more public. This is an6 irreversible decision and we must treat it with the7 seriousness that it deserves. I live across from this8 ridge, I raised my children here, I breathe this air and9 sit in this traffic. My family and everyone here will10 live with the consequences of what happens to this11 forest. This ridge protects us from flooding, heat and12 climate extremes. It gives us peace, love, wildlife,13 clean air, sense of place. Please