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

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