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

0 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 protect it. Once14 it's gone West Orange will never get it back. Thank15 you.16 CHAIRMAN BAGOFF: Thank you.17 Come right up. State your name, address for18 the record.19 THE PUBLIC: Marea DePalma, 61 Lapis Circle,20 West Orange.21 MS. McGOVERN: Do you swear or affirm to22 tell the truth the whole truth nothing but the truth.23 THE PUBLIC: Yes, I do.24 Back in April, April 27, I first handedly25

02/03/2026 04:49:05 PM Page 101 to 104 of 122 26 of 53 sheets 101 witnessed the fire on the golf course and I was trapped1 in my complex. I had an emergency with my mom who lives2 only 12 minutes away and I couldn't get to her. I3 couldn't leave by foot, I couldn't leave by the Essex4 Fells. They wouldn't let anybody out either way. I was5 told to stand back by the fire captain, that it was a6 safety hazard. I was not permitted to leave my property7 for over two and a half hours. In the meantime I had to8 call 911 for my mother. There is no one else for my mom9 to call or go to. Ironically both neighbors were not10 home at that time, so she was in a panic. She is 9311 years old and I am only 12 minutes away and I was12 trapped and could not get to her. Thank God it wasn't a13 fatality, but it is such an uncomfortable feeling when14 there's so much space and I couldn't leave by foot, even15 escorted by the fire captain. I could not get out of my16 complex and that's all I wanted to say about feeling17 trapped.18 With the traffic, I witness this every19 single day. Yesterday and today it was atrocious. It20 was only ten to five and the traffic was backed up Eagle21 Rock all the way to almost one block before the22 Highlands and there is nothing even built yet. In the23 past three years -- I am living in the Highlands 3224 years. You can feel the congestion, you can feel it25 102 certain times of the day. You turn around there is no1 more, there's no space. No matter which way you turn2 there's cars jutting out. To leave my daughter off for3 school in the morning I am now the ninth car back just4 getting out of my complex. It used to be maybe two or5 three sometimes none. But nine cars back and there is6 nothing even in there. That's coming from The Grand and7 where I live and it was a different time, she's going to8 school an hour later this year. So the traffic on9 Laurel Avenue is backed up. No matter which way you go10 it's backed up. You could see the red lights this way11 and the white lights that way and I can't understand how12 consciously this project could go forward. If any of13 you live in this neighborhood are you going to feel the14 impact of it or are you all free from it. Is it just us15 that are complaining, but if you felt it and it was your16 home and it was what you're used to and you bought where17 you are for the beauty of the grounds,

r are you all free from it. Is it just us15 that are complaining, but if you felt it and it was your16 home and it was what you're used to and you bought where17 you are for the beauty of the grounds, that's all going18 to be taken because of greed. And that's all I want to19 say, but it is unhealthy on every different level for20 the Highlands, The Grand, the neighboring town Essex21 Fells. I haven't heard one person say that they agree22 with this project. Not one single person. Everybody is23 affected by it in some way. There's people in my24 complex that walk their babies, the kids ride their25 103 bikes, that will all be taken away. That's what we1 moved there for. We moved there for this openness, for2 this airiness, for this pure air more or less and that3 is all going to be taken away by greed by these big ugly4 monstrous buildings that do not belong there. It's an5 area of beauty. It's the only piece of land left. Does6 that mean anything to anybody. It does to me. Thank7 very much for your time.8 CHAIRMAN BAGOFF: Thank you.9 Anybody else from the public have any10 comments? Please come up and be identified. State your11 name for the record.12 THE PUBLIC: Hello. Bill Slezak and I live13 in West Orange for the past 46 years. My wife and I14 raised our three kids --15 MS. McGOVERN: What is your address.16 THE PUBLIC: 14 Marie Terrace.17 MS. McGOVERN: Do you swear or affirm to18 tell the truth the whole truth nothing but the truth.19 THE PUBLIC: I do.20 MS. McGOVERN: Thank you.21 CHAIRMAN BAGOFF: Go right ahead, sir.22 THE PUBLIC: Okay.23 Yes, so I am about a mile from the proposed24 development. I have a masters degree in ecology from25 104 Rutgers and environmental engineering from NJIT. I also1 obtained a professional engineers license in 1987. I2 worked for 37 years with the Army Corps of Engineers,3 mostly out of the New York office. After retiring from4 the Corp in 2013 I joined AECOM, a private architect5 engineering firm where I worked until 2023. All though6 I have casually followed the development application7 concerning this property over the years I have never8 been a member of any group nor taken part in these9 hearings. I have several friends though that have been10 involved in the project for many years, one of them who11 asked me to review the reports submitted by Langan12 Engineering, Princeton Hydro, CME, as well as the Army13 Corps

ds though that have been10 involved in the project for many years, one of them who11 asked me to review the reports submitted by Langan12 Engineering, Princeton Hydro, CME, as well as the Army13 Corps Manuals that are referred to in the reports. To14 be clear, I am not representing myself as an expert15 witness in geotechnical engineering, but rather a16 concerned citizen who happens to be familiar with17 engineering principles and procedures related to my18 career in engineering. As a result I have some concerns19 that I would like to share with the board.20 First, I thought CME did an excellent job in21 their review of the Langan and Princeton Hydro reports22 and in identifying deficiencies in the Langan submittal.23 I also listened to testimony provided by CME, Princeton24 Engineers, Mr. Kleinberg by video. Among the CME25

27 of 53 sheets Page 105 to 108 of 122 02/03/2026 04:49:05 PM 105 recommendations was that the applicants engineer should1 perform a stability analysis using conservative2 piezometric surface that would reflect the response of3 groundwater to heavy storm induced rainfall. In other4 words, the analysis must assume a severe storm where the5 ground becomes saturated with water, the ground surface,6 and demonstrate that there's sufficient factor of safety7 to ensure slope stability under those very wet8 conditions.9 Langan Engineering provided additional data10 that was to address CMEs request, the data however11 raised significant concerns that I will discuss in12 detail. Their submission included a map showing the13 location of borings and showed four cross sections in14 which he performed a slope stability analysis under15 extensive rainfall events. These are the four sections,16 one near Howell Drive, another near 12 Howell Drive and17 then several that sloped into Rosemont Terrace and then18 also Mayfair Terrace. So under elevated groundwater19 factors of safety were calculated for each of the cross20 sections. The factor of safety tells you how much21 stronger the slopes natural resistance to sliding is22 compared to the forces pushing it to slide. In essence23 it's a safety buffer that considers uncertainty both24 spatially and overtime.25 106 The general accepted factor of safety1 utilized by the Corps of Engineers and others is 1.5.2 While the 1.5 is a common baseline it is not a universal3 constant and experienced geotechnical engineers use risk4 base approach to select an appropriate factor of safety5 for a specific project. For Section C the accumulated6 -- the calculated factor of safety under elevated7 groundwater is 1.5, which barely meets the safety8 standard. Similarly for Section DD. In each of these9 cases the analysis seemed to have been based on just two10 borings. For Sections A and DD they calculated 1.7 and11 1.67. So I recently became aware that Langan is now12 suggesting that a factor of safety be lowered to 1.2.13 To my knowledge there was no rigorous technical analysis14 that was performed to support this. As I mentioned, the15 generally accepted 1.5 factor of safety for slope16 stability in the literature, and I quote, "Is a minimum17 requirement for permanent slopes under normal static18 loading conditions." It can vary based

erally accepted 1.5 factor of safety for slope16 stability in the literature, and I quote, "Is a minimum17 requirement for permanent slopes under normal static18 loading conditions." It can vary based on-site specific19 project conditions, the type of analysis and level of20 risk or uncertainty. Ultimately the 1.5 is a standard21 minimum but the responsibile design engineer has the22 flexibility and responsibility to select the appropriate23 factor of safety based on a thorough documented analysis24 of site specific risks and conditions as guided by the25 107 principles in engineering manuals such as EM 1110-2-19021 by the Corps of Engineers. To my knowledge this has not2 been done. Given the proximity to the neighbors on3 Howell Drive these marginal factors of safety should be4 of grave concern to the Planning Board and at a minimum5 warrant additional analysis to demonstrate that there is6 no risk of slope failure.7 The analysis should also consider climate8 change and the likelihood of more extreme weather9 events.10 Another concern is the extensive tree11 removal that would take place. Tree roots are known to12 enhance slope stability by physically binding the soil13 with a strong interlocking network anchored to the14 bedrock and by absorbing excess water. The removal of15 trees and deep rooted vegetation can decrease the factor16 of safety over short to medium time scales. This also17 applies to trees in the vicinity of steep slopes.18 CHAIRMAN BAGOFF: Can you wrap it up, sir.19 THE PUBLIC: Yeah. Since tree roots are20 interconnected the loss of vegetation should be21 addressed as part of a more rigorous slope stability22 analysis.23 CHE also -- CME also provided 1124 requirements that must be followed during construction25 108 should the project be approved. These are comprehensive1 but could easily be forgotten or misapplied unless2 there's a full-time monitoring by experts with the3 ability to stop work.4 I also have concerns about the footprint5 being so close to the ridge top.6 In conclusion, as an engineer I see the7 following serious concerns for both Sections CC and DD8 near Howell Drive. The factor of safety is below 1.59 under certain conditions. As I mentioned, 1.5 is a10 standard minimum and the appropriate factor of safety11 should be based on assessment of risk and other factors.12 Given the potential for serious impacts to

ain conditions. As I mentioned, 1.5 is a10 standard minimum and the appropriate factor of safety11 should be based on assessment of risk and other factors.12 Given the potential for serious impacts to nearby13 properties, I would argue that the higher factor of14 safety is warranted. CME also considered --15 CHAIRMAN BAGOFF: Sir, you're done. Thank16 you. You extended your time.17 THE PUBLIC: Okay. Thank you.18 CHAIRMAN BAGOFF: Thank you very much.19 Any other members of the public who have a20 comment?21 Go right ahead.22 THE PUBLIC: Donald Ershow, Home Hill Lane.23 I'm also the president of the homeowners association.24 67 homes.25

02/03/2026 04:49:05 PM Page 109 to 112 of 122 28 of 53 sheets 109 MS. McGOVERN: Do you swear or affirm to1 tell the truth the whole truth nothing but the truth.2 THE PUBLIC: Absolutely. Absolutely.3 I have come to, I don't know, however many4 meetings there have been, minus probably two or three5 and I commend all of you for doing the same.6 And Chairman Bagoff, I want to thank you for7 starting the meeting, quite frankly for honoring8 Governor Cody who was a neighbor of mine. Was a member9 of my association and drank the same water that I've10 spoken about three or four times out of the 20 meetings11 that I have attended when I had been concerned about the12 water supply which may be affected by this event or by13 the flooding in particular. That would be affected by14 all of it.15 Through all of it with the decision that you16 have to make, and I believe that all of you are17 incredibly smart, your intention is to do the right18 thing, but I have been baffled at a couple of meetings19 when I have heard things like, there are 728 vehicle20 trips that can't be considered, you know, along with new21 trips or things like that. That can't be taken into22 consideration. But the governor that we just honored,23 who is my neighbor, who cared about things like24 healthcare and justice and people, would say -- and25 110 would make decisions that he would say things like,1 that's just dumb that we can't consider the impact on2 things, because we have to make decisions based on3 everything. And ultimately the decisions that we make,4 whoever we are, whether that is the Planning Board,5 whether it is, and I'm not going to get into the6 legalese, above my pay rate, are ultimately about how it7 affects people. How it affects the people down hill.8 How it affects the people in my community, which is why9 I have come to these events. I am not on the board or10 any organization, other than my association, about the11 people who are downstream that may be affected by the12 water. The people in, I mean I live in Roseland, but I13 go down Eagle Rock Avenue all the time and I am affected14 by everything from the traffic or whatever's going to be15 impacted by all of this or by the children who are16 affected by whoever's going to be moving in there. I17 don't know how they're going to get anyplace but that's18 going to be somebody else's problem or by what happens19 to this old

children who are16 affected by whoever's going to be moving in there. I17 don't know how they're going to get anyplace but that's18 going to be somebody else's problem or by what happens19 to this old growth forest, and everybody has their20 individual issues and everything, but I do urge you21 tremendously that however it is that you make your22 decisions, which you will make on whatever basis,23 because you got a ton of data that you're going to have24 to make your decision upon and you all care and I think25 111 you can make whatever decision, do no harm. Okay. You1 need to prevent irreparable harm to the drinking water2 to the flooding of the houses down hill and the builder3 will do whatever they want to do because they have their4 interests. Stipulate, should you approve, okay, if I go5 over by seven seconds please just let met finish my6 sentence, Dr. Bagoff.7 CHAIRMAN BAGOFF: Go ahead.8 THE PUBLIC: Stipulate as strongly as you9 can, if you should approve, on behalf of everybody who10 is concerned because they're terrified, wherever this is11 going to go, that they cannot lift a shovel, they cannot12 swing a hammer, they cannot move a plow, and they cannot13 do anything, okay. And I say this as somebody who's14 president of a homeowners association. Okay. Somebody15 -- I'm going to give an example. Somebody sold a house16 and the person who bought it the next day they went and17 they started doing things and I went over there as the18 president of the association and the guy that bought it19 said, oh, I didn't know I was a member of the20 association. You know, and they just went and did21 things and then I -- what am I supposed to do the next22 day, say, oh well, I can go and fine you. Well, you're23 going to cut down a thousand 100 year old trees, it24 doesn't matter if you fine them a million dollars, the25 112 100 year old trees are gone and the flooding starts and1 everything happens. Okay. Just don't let them do2 anything if you approve and then a process starts, if3 you approve anything, please. Thank you.4 CHAIRMAN BAGOFF: Thank you.5 State you name and address, please.6 THE PUBLIC: Diedre Dyson, Slayback Terrace7 and Howell Drive.8 MS. McGOVERN: Do you swear or affirm to9 tell the truth the whole truth nothing but the truth.10 THE PUBLIC: I do.11 In a few months I will have lived on12 Slayback Drive and Howell Drive for 29 years. Most

GOVERN: Do you swear or affirm to9 tell the truth the whole truth nothing but the truth.10 THE PUBLIC: I do.11 In a few months I will have lived on12 Slayback Drive and Howell Drive for 29 years. Most of13 the people in my neighborhood have made their homes14 their oasis. We pay very high taxes to live in an area15 that offers us a peaceful and private community.16 Building a tall apartment building with a rooftop makes17 all of the privacy we desire and deserve go away. We18 will have people looking down into our backyards. Some19 homes have pools that require fences for safety and up20 until now gave them the privacy one expects when you are21 on your own property and may have chosen to fence it in.22 We do not live in a city. I don't believe that anyone23 in my area and those that live in The Grand or the24 Highlands and any other surrounding community homes ever25