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

29 of 53 sheets Page 113 to 116 of 122 02/03/2026 04:49:05 PM 113 expected to have tall apartment buildings hovering over1 our backyards, or allow a bird's-eye view into their2 homes from a tenant of a high-rise apartment building.3 None of us will ever enjoy the peaceful sanctuary we4 have come to love. And I believe the value of all of5 our homes will take a huge hit if this is allowed to6 happen.7 The deer and other wildlife that roam8 through our backyards will no longer have a home in the9 woods. More will be killed coming out of the area or10 causing damage to our properties.11 I don't believe that the land can tolerate12 this heavy construction. We have experienced downfalls13 of rain that cause many areas of our streets to buckle14 that summer with -- last summer, with water running down15 Howell Drive like it was a river. Trees have been16 uprooted from these events, and I have been a substitute17 teacher at Redwood and Kelly for the past 13 years, we18 have had to deal with serious cutbacks this school year.19 They had to change the middle school to all but six20 through eight instead of the one central six in Edison21 to save money on busing. I know firsthand the school22 cannot handle an influx of hundreds of more children in23 our schools and the roads can definitely not handle the24 influx of possibly a 1,000 plus more cars on Eagle Rock25 114 Avenue. The Eagle Rock/Pleasant Valley Way Avenue areas1 already congested during both rush hours and during2 drop-off and pick up and of course the buses that will3 be needed for the additional children.4 I urge you to either amend this, we can not5 have a five story building on the edge of a cliff.6 Thank you.7 CHAIRMAN BAGOFF: Thank you very much.8 THE PUBLIC: Jessica Pearson.9 MS. McGOVERN: Do you swear or affirm to10 tell the truth the whole truth nothing but the truth.11 THE PUBLIC: I do.12 MS. McGOVERN: Thank you.13 THE PUBLIC: The development before you this14 evening and for the past year and half was arrived at by15 a developers agreement drafted by a former council who16 waived all municipal environmental and zoning17 regulations, which should raise a huge red flag.18 Regardless of the thread barren hollow nature of this19 developer's agreement, it's Municipal Land Use Law that20 should be this boards guiding principal, as it commands21 all sworn board members the responsibility to

thread barren hollow nature of this19 developer's agreement, it's Municipal Land Use Law that20 should be this boards guiding principal, as it commands21 all sworn board members the responsibility to advance22 the common good of the community and protect the health,23 safety and welfare of residents and really not just24 residents of West Orange, all New Jersey residents, as25 115 you swear an oath to Municipal Land Use Law in New1 Jersey and that includes your neighbors, all of which2 have responded to this proposal whether by resolution or3 by legal action adversely. Even the Essex County Board4 of County Commissioners has passed a unanimous5 resolution in opposition to this proposal. In taking6 your oath you swore to uphold the MLUL and perform your7 duties faithfully and partially and justly based upon8 laws and facts presented. You swore to secure safety9 from fire, flood, panic and other natural and manmade10 disasters, emphasis added. Well, we have heard11 testimony from residents, from professionals, we have12 read reports, we have seen videos that check all of13 those boxes that I just cited and that's before the14 construction has begun.15 From Princeton Hydro, who factually16 demonstrated that the applicant is not compliant even17 with the older and more protective stormwater regs.18 When videos have shown us that these flood conditions19 are already present, and this is before the destruction20 of a forest. Preservation of the environment is also21 included in the MLUL and by removing thousands of22 proposed trees and adding deer fencing in there instead.23 We heard testimony from Dr. Emile DeVito, an expert,24 that the applicants planner will not preserve the25 116 remaining forested lands but destroy them in their1 entirety. Facts. We saw footage of residents trapped2 in a cul-de-sac during the frightening fire event when3 this proposal seeks to expand that cul-de-sac to include4 an additional 496 units. I don't know about you but Mr.5 Steinberg's testimony gives no comfort in regard to the6 slope stability issue. Kleinberg. Sorry. I saw the7 look on your face. Kleinberg. That this construction8 could cause destabilization and potential catastrophic9 rock slides is not okay. And it is in direct opposition10 to the oath that you guys have taken.11 Lastly, and this is a really big problem.12 We have the absence of facts, the absence and data

rophic9 rock slides is not okay. And it is in direct opposition10 to the oath that you guys have taken.11 Lastly, and this is a really big problem.12 We have the absence of facts, the absence and data from13 the applicant. No data, no testimony, no plans14 presented on adequate water supply and sewage. The only15 mention of the sewage facility by the engineer was to16 tell us they needed to schedule a meeting with the Joint17 Meeting, but there's been no follow-up on that. There18 has been nothing presented to you on paper and discussed19 in any public manner on this topic. I want to remind20 the board that according to the MLUL it is your21 responsibility to fully review all aspects of plans to22 determine compliance safety and the very feasibility of23 a proposal based upon all of the evidence and absence of24 such testimony should weigh heavily.25

02/03/2026 04:49:05 PM Page 117 to 120 of 122 30 of 53 sheets 117 I also want to -- well, this applicant has1 seemingly equated and cited communications with the DEP2 as if they were some sort of approval for the overall3 application or compliance with certain regulations and4 stormwater rules. And I don't think the courts will5 agree and I will cite the case Hamilton Open Space v.6 Hamilton Planning Board 2008, which on appeal clearly7 stated that the receipt of permits from the DEP is not a8 review nor is it an approval by the DEP and that such9 reviews and those determinations of compliance must be10 made by the Planning Board as part of its review of land11 use applications under the MLUL and the state wide rules12 that govern streets, water supply, sanitary sewer13 systems and stormwater management adopted pursuant to14 RSIS standards.15 I want to just finally say, upholding the16 right to affordable housing cannot be counter balanced17 by putting others in harms way. I therefore18 respectfully urge you to deny this application based19 upon all of the facts and the lack thereof. To uphold20 your oath and protect your community and thank you for21 your service.22 CHAIRMAN BAGOFF: Thank you.23 Any other members of the public, please come24 up and state your name and address for the record,25 118 please.1 THE PUBLIC: Sammy Kenty, 309 trail.2 MS. McGOVERN: Do you swear or affirm to3 tell the truth the whole truth nothing but the truth.4 THE PUBLIC: I do.5 I understand that consideration for this6 project is in part conforming to the 2020 Inclusionary7 Housing Ordinance, which I'm generally supportive of.8 However, I fear this is not the only concern to9 consider. The implications for this proposed10 development are far greater than a need for additional11 housing. I implore the Planning Board to consider the12 dangers to public health, safety, environmental impacts13 and other consequences allowing this project to move14 forward. The proposed development will cut down some of15 the last forest in Essex County, of course it is, in my16 opinion, to grave. The damage to the land will be17 irreversible. It will threaten biodiversity, create18 increased risk of flooding, blast away bedrock and cause19 runoff that will degrade water quality. In addition to20 the flagrant disregard for conservation, the lack of21 feasible public transportation means everyone who

ooding, blast away bedrock and cause19 runoff that will degrade water quality. In addition to20 the flagrant disregard for conservation, the lack of21 feasible public transportation means everyone who moves22 in will need a vehicle. Each of the nearly 500 units in23 this plan will add one to two vehicles to our roads.24 There's no plan for the increase in traffic that this25 119 will cause. This means increased emissions polluting1 our air and increased traffic accidents. The residents2 of this area deserve clean land, water and air. We3 deserve a reasonable commute. The impacts of the4 proposed development will reach beyond the borders of5 West Orange. The choice that you make has consequences6 for the health and safety for each of us and for all our7 neighbors. The environmental health and safety8 consequences have not been addressed by the application9 before the board. We deserve representatives from our10 town to make a decision with consideration for the11 residents of our town. We deserve a Planning Board that12 is going to consider things that actually make this town13 a great place to live, not the interested outside14 developers who contribute nothing to the community and15 only seek to line their pockets at the expense of16 residents. The developer presents the application17 before you has no interest in this community other than18 the wealth they can extract from it. At the end of the19 day it's your obligation as public servants to represent20 the interest of the residents of the town. Approving21 this application is not in line with those interests.22 Thank you.23 CHAIRMAN BAGOFF: Thank you.24 Ladies and gentlemen, at this time we have25 120 completed the public comment because we are getting1 close to 10:00 o'clock. We will continue this -- so2 this application will be carried to January 28, 2026 at3 6:30 PM in person with no additional notice being4 required. Public comment will continue at that time5 with the same requirements, five minutes to speak about6 issues that concern you, things that have been said over7 time on the application, so the board will have more8 information to utilize.9 (Hearing concludes at 10:00 PM.)10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

31 of 53 sheets Page 121 to 122 of 122 02/03/2026 04:49:05 PM 121 C E R T I F I C A T E1 I, ERIC S. FISHMAN, a Shorthand Reporter2 and Notary Public of the State of New Jersey do hereby3 certify that the foregoing is a true and accurate4 transcript of the testimony as taken stenographically by5 and before me at the time, place and on the date6 hereinbefore set forth, to the best of my ability.7 I DO FURTHER CERTIFY that I am neither a8 relative nor employee nor attorney nor counsel of any of9 the parties to the action; and that I am neither a10 relative nor employee of such attorney or counsel; and11 that I am not financially interested in the action.12 13 14 ---------------------15 ERIC S. FISHMAN, S.R.16 17 18 19 Dated:__________________20 21 22 23 24 25 122 SIGNATURE PAGE/ERRATA SHEET1 2 WITNESS: CASE REFERENCE:3 4 INSTRUCTIONS TO WITNESS5 After you have read your transcript, please note any errors in transcript6 on this page. Do not mark on the transcript itself. Please sign and date this sheet as indicated below. If additional lines are required for corrections, attach additional sheets.7 ---------------------------------------------------------------------------------------------- ERROR OR AMENDMENT/REASON FOR CHANGE8 ---------------------------------------------------------------------------------------------- Page Line9 ---------------------------------------------------------------------------------------------- 10 11 12 13 14 15 16 17 18 19 20 21 22 I have read my transcript and subscribed to its accuracy, to include the corrections or amendments noted above or hereto attached:23 24 ---------------------------------------------------------------------------------------------- Signature of Witness Date25

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