January 28, 2026, Planning Board Special Meeting - WEHI Transcript

1 of 66 sheets Page 1 to 4 of 155 02/26/2026 05:17:42 PM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 TOWNSHIP OF WEST ORANGE DEPARTMENT OF PLANNING AND DEVELOPMENT WEDNESDAY, JANUARY 28, 2026 6:30 P.M. RE; PB-24-01 WEST ESSEX HIGHLANDS, INC. BOARD MEMBERS: ROBERT BAGOFF, Chairman JERRY GUARINO, Vice Chairman SUSAN McCARTNEY, Mayor KEN ALPER JOHN CARDOZA LORI KAPFERER SUSAN SCARPA, Councilwoman RYAN MacNEILL, Engineer JAMILET BAQUERIZO VITE, Board Secretary GENIECE GARY-ADAMS, Zoning Official JOHN FAGAN FISHMAN COURT REPORTING AGENCY 89 HEADQUARTERS PLAZA NORTH 4 SPEEDWELL AVENUE, SUITE 1440 MORRISTOWN, NEW JERSEY 07960 (973) 285-5331 - FAX - (732) 605-9391 2 A P P E A R A N C E S :1 2 H U T T , S H I M A N O W I T Z & P L O C K E R , E S Q S . B Y B R Y A N D . P L O C K E R , E S Q .3 B p l o c k e r @ h u t t s h i m . c o m 4 5 9 A M B O Y A V E N U E4 W O O D B R I D G E , N E W J E R S E Y 0 7 0 9 5 A p p e a r i n g o n b e h a l f o f t h e A p p l i c a n t5 6 G A C C I O N E & P O M A C O , E S Q S . B Y D I A N A P . M c G O V E R N , E S Q .7 O N E B O L A N D D R I V E , S U I T E 1 0 2 W E S T O R A N G E , N E W J E R S E Y 0 7 0 5 28 A p p e a r i n g o n b e h a l f o f t h e B o a r d 9 B R U C E I . A F R A N , E S Q .10 1 0 B R A E B R U N D R I V E P R I N C E T O N , N E W J E R S E Y 0 8 5 4 011 A p p e a r i n g o n b e h a l f o f t h e O b j e c t o r , W e C a r e N J C o r p .12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 I N D E X1 W I T N E S S D I R E C T C R O S S R E D I R E C T R E C R O S S2 3 I N D E X O F E X H I B I T S4 E X H I B I T D E S C R I P T I O N P A G E5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 C H A I R M A N B A G O F F : P B - 2 4 - 0 1 W e s t E s s e x1 H i g h l a n d s , I n c . , B l o c k : 1 7 9 L o t 3 2 Z o n e I H - 1 , W a r n e r2 R o a d . T h e a p p l i c a n t i s p r o p o s i n g t o d e v e l o p a 4 9 63 I n c l u s i o n a r y m u l t i f a m i l y r e s i d e n t i a l d e v e l o p m e n t o n a4 V a c a n t 1 2 0 a c r e p r o p e r t y i n t h e n o r t h w e s t c o r n e r o f t h e5 T o w n s h i p o f W e s t O r a n g e .6 W e ' r e n o w i n p u b l i c c o m m e n t .7 F o r t h e p e o p l e h e r e , p u b l i c c o m m e n t w i l l b e , y o u h a v e8 o n e b i t e o f t h e a p p l e . Y o u c a n c o m e u p , w h e t h e r y o u9 s

u b l i c c o m m e n t .7 F o r t h e p e o p l e h e r e , p u b l i c c o m m e n t w i l l b e , y o u h a v e8 o n e b i t e o f t h e a p p l e . Y o u c a n c o m e u p , w h e t h e r y o u9 s p o k e f o r y o u r s e l f o r y o u s p o k e f o r a n y b o d y e l s e , y o u10 c a n c o m e u p o n c e , s o e v e r y b o d y h a s t h e i r f i r s t r o u n d .11 Y o u w i l l b e g i v e n f i v e m i n u t e s t o p r e s e n t w h a t e v e r y o u12 h a v e . A t t h e e n d o f 4 m i n u t e s a n d 5 5 s e c o n d s , I w i l l13 s a y , t h a n k y o u , a n d t h a t w i l l e n d a t f i v e m i n u t e s .14 Y o u ' l l c o m e u p t o t h e m i c r o p h o n e h e r e , p l e a s e15 s p e a k l o u d l y i n t o t h e m i c r o p h o n e s o p e o p l e c a n h e a r y o u .16 I m a y i n t e r r u p t y o u a t a n y t i m e a n d a m e n d y o u r t i m e i f17 y o u a r e n o t s p e a k i n g l o u d l y a n d p e o p l e i n t h e a u d i e n c e18 i n t h e b a c k c a n n o t h e a r y o u .19 I t h a n k e v e r y b o d y f o r t h e i r p u b l i c c o m m e n t .20 P l e a s e c o m e u p , s t a t e y o u r n a m e a n d a d d r e s s f o r21 t h e r e c o r d o n e a t a t i m e . E v e r y b o d y e l s e c a n - - o k a y .22 S t a n d , s i t , w h a t e v e r y o u f e e l i s r e a s o n a b l e .23 M R . P A N N U L L O : B e f o r e w e p r o c e e d w i t h t h e24 c o m m e n t s .25

02/26/2026 05:17:42 PM Page 5 to 8 of 155 2 of 66 sheets 5 CHAIRMAN BAGOFF: Sir, no. No sir, you1 can't. No. No. Sir, sit down. This is public comment.2 If you, if you, sir, listen to me.3 MR. PANNULLO: Excuse me, sir. There were4 things submitted by the DEP --5 CHAIRMAN BAGOFF: Sir, stop. Stop6 MR. PANNULLO: -- under OPRA at the last7 meeting --8 CHAIRMAN BAGOFF: Stop. Stop. I'm going to9 adjourn the meeting if you don't stop. Sir, stop.10 MR. PANNULLO: -- that belong in the record.11 CHAIRMAN BAGOFF: Stop and listen. Stop12 We're going to maintain order. If you want to discuss13 public comment that is fine. You have five minutes to14 talk about public comment. You can say anything you15 like, that will be your public comment.16 MR. PANNULLO: I'm aware of that.17 CHAIRMAN BAGOFF: Okay. Good.18 MR. PANNULLO: The record was closed last19 time, is that correct?20 CHAIRMAN BAGOFF: The record -- no. Public21 comment is part of the record.22 MR. PANNULLO: Evidence is closed.23 CHAIRMAN BAGOFF: Evidence is closed.24 THE PUBLIC: Evidence came into hand --25 6 CHAIRMAN BAGOFF: Sir. Sir. Sir, you're1 not listening.2 MR. PANNULLO: No, I'm listening very3 clearly, sir.4 CHAIRMAN BAGOFF: No, you're talking.5 You're not listening.6 MR. PANNULLO: Again, there is evidence that7 is not in this record that did come from the DEP under8 OPRA.9 CHAIRMAN BAGOFF: Hang on. Stop, sir.10 Okay. I'm going to ask our attorney, before you move11 forward, I'm going to ask you to stop.12 MS. McGOVERN: Mr. Pannullo, first of all,13 you have to be by a microphone. You have to be by a14 microphone so the audio can pick you up. Okay.15 Are you ready to give public comment?16 MR. PANNULLO: I am ready, but I am not17 prepared to give public comment now.18 MS. McGOVERN: Okay. So then when you're19 ready come back in line. We're not taking new evidence20 now. The evidence portion of it is closed.21 MR. PANNULLO: I understand that. So what22 do we do about evidence that was provided by the DEP23 after you closed evidence that we've been standing for24 this now for six months. What do we do about that?25 7 MS. McGOVERN: You know what, we're going to1 consider what we're going to do, but tonight we're doing2 public. All these people here want to give public3 comment.4 MR. PANNULLO: I'm very happy to hear that.5 When will you consider that, is the question?6 MS. McGOVERN: I'm going to suggest that

e doing2 public. All these people here want to give public3 comment.4 MR. PANNULLO: I'm very happy to hear that.5 When will you consider that, is the question?6 MS. McGOVERN: I'm going to suggest that you7 write a letter to the Chairman so he can consider what8 it is, what good reason it would be to open the record.9 We're not going to do this on the fly. It was closed at10 the last time we had -- we're on our 27th meeting.11 MR. PANNULLO: I understand.12 MS. McGOVERN: Okay. So I don't know what13 this "new evidence" and I'm putting quotes around new14 evidence is and I don't mean to sound like I'm not15 taking anything seriously, I am. But I think it would16 be, it would be a disruption of the procedure to do17 otherwise, and so unless good cause is shown there can18 be no consideration at this time. Okay.19 MR. PANNULLO: I understand.20 MS. McGOVERN: We have plans to have more21 meetings on this, so tonight is not the last meeting.22 MR. PANNULLO: I will stand down. I brought23 evidence, I'll give you a reason in writing afterwards.24 MS. McGOVERN: Okay.25 8 MR. PANNULLO: Maybe that works, maybe it1 doesn't, but it's something that should be known.2 MS. McGOVERN: Terrific.3 CHAIRMAN BAGOFF: Okay. Thank you.4 MS. McGOVERN: Thank you.5 Come right up. Please state your name for6 the record.7 THE PUBLIC: Hello. My name is Barbara8 White. I actually gave comments at the last meeting but9 what I failed to do is provide, I failed to give you the10 copies of the Planning Board note from the fire chief to11 put into the record when I spoke to the --12 CHAIRMAN BAGOFF: I believe that we have the13 --14 MS. McGOVERN: It's already on the agenda.15 CHAIRMAN BAGOFF: It's on the agenda in the,16 in 2024. I believe that Jamilet certified that and I17 found it on the record.18 MS. McGOVERN: It's already here.19 THE PUBLIC: That's all I wanted to make20 sure, that it was part of the record.21 CHAIRMAN BAGOFF: Yeah, absolutely have22 that.23 THE PUBLIC: That's all I need.24 CHAIRMAN BAGOFF: Thank you very much.25

3 of 66 sheets Page 9 to 12 of 155 02/26/2026 05:17:42 PM 9 I'm sorry. Mr. Plocker.1 MR. PLOCKER: Nothing. Everyone gets one2 time, correct? Between all the meetings. Okay.3 CHAIRMAN BAGOFF: Yes, correct.4 Go right ahead, sir.5 THE PUBLIC: My name is Victor Misarti.6 MS. McGOVERN: Okay. I thought you already7 spoke last time.8 THE PUBLIC: No. No. I read a report, a9 statement from someone else who couldn't attend because10 they're out of state. So I'm using my comments.11 CHAIRMAN BAGOFF: Okay. What we're going to12 --13 MS. McGOVERN: You can not testify on behalf14 of someone and then come up and say, now I'm testifying.15 CHAIRMAN BAGOFF: Okay. So what we're going16 to do, ladies and gentlemen of the public, that at this17 time, I didn't state this, I'm stating for the record.18 You can speak, nobody can testify for somebody else. If19 you do we will assume you're testifying for yourself and20 you have this one time. Okay. We want to make that21 clear, because many people would like to testify, we22 don't want to shortchange any member of the public. And23 this, again, this time is for public comment about the24 application, whatever your feelings are, whatever you25 10 have to say, you have five minutes.1 Go right ahead.2 MS. McGOVERN: I have to swear you in.3 But just so the public understands. You4 can't testify for someone that can't be here because we5 can't follow up, the board can't follow up with6 questions or cross-examination. I thought when you were7 here last time that you were -- it was like a joint8 sentiment. That you and that gentleman agreed on this.9 So I understand -- now we understand the10 misunderstanding, the Chairman's going to allow you to11 testify, you need to raise your right hand.12 Do you swear or affirm to tell the truth the13 whole truth and nothing but the truth.14 THE WITNESS: Yes.15 MS. McGOVERN: Okay. You have five minutes.16 THE PUBLIC: Okay.17 So I have statement of comments. Okay. And18 I have a slide presentation that kind of goes along that19 I just gave Mr. Fagan.20 CHAIRMAN BAGOFF: I'm sorry, we're not going21 to do slide presentations. You can make comment.22 THE PUBLIC: That's fine.23 CHAIRMAN BAGOFF: You can talk about the24 slides. We're not adding slide presentation.25 11 THE PUBLIC: I made some paper copies, so I1 can refer to them.2 CHAIRMAN BAGOFF: Go right ahead.3 Sir, you have five minutes.4 THE PUBLIC:

about the24 slides. We're not adding slide presentation.25 11 THE PUBLIC: I made some paper copies, so I1 can refer to them.2 CHAIRMAN BAGOFF: Go right ahead.3 Sir, you have five minutes.4 THE PUBLIC: Sure. Would I be able to send5 --6 MS. McGOVERN: Raise your microphone up to7 your mouth so that they can hear you. Because they want8 to hear you.9 THE PUBLIC: Okay. Sure enough.10 Okay. I'd like -- is it possible to have11 this entered as an exhibit?12 MS. McGOVERN: No.13 CHAIRMAN BAGOFF: No. No, unfortunately not.14 THE PUBLIC: Okay. I have paper copies. I15 made extra.16 MS. McGOVERN: Testimony, yes.17 THE PUBLIC: Can I hold it up and show it?18 MS. McGOVERN: Sure.19 THE PUBLIC: Okay.20 So my first slide I would've have shown up21 there is a picture from the architects elevation of how22 big the buildings are going to be. Both Building A and23 Building B. There are two buildings of A, two buildings24 of B they're counting as one building and my first slide25 12 was to show that it's the size of three football fields.1 It's almost 900 feet long and, you know, being football2 season everybody knows how big a football field is.3 The second slide would've shown a water4 tower and utilities. One of the people testified that5 to get water for fire suppression and domestic and6 showers, etc., you would have to have a water tower 207 feet higher than the roof. So I just showed what one of8 those would look like.9 I have a picture of the site plan showing10 areas that are not buildable such as wetlands, etc.11 Okay. Slide number three are the heights.12 I have some pictures that I took off of Google Street13 View and kind of superimposed what I thought the, you14 know, where these buildings and water tower would show15 above the tree line.16 My next slide is about steep slopes and when17 one of the engineers testified about soil, that there18 were stability and factors of safety based on an average19 slope of 15 degrees and what I've showing is of course20 areas 100 feet long which closer to 40 -- or over 4021 percent slopes.22 So I was just wondering, I think, I would23 ask if the Planning Board would be able to consider that24 it's not just limited to 15 percent.25

02/26/2026 05:17:42 PM Page 13 to 16 of 155 4 of 66 sheets 13 My next slide is like site sections showing1 what the site looks like from upper Howell Drive, which2 the architect did not show, and also lower Howell Drive.3 I have a slide which I, you know, I thought4 we'd be able to see but it shows the traffic volumes5 coming out of the site, going through the site, going6 onto Laurel Avenue, Eagle Rock Avenue etc, down Pleasant7 Valley Way.8 And then my last slide is a picture of the9 Canoe Brook, the areas that would be affected, possibly10 be affected by this development and, again, all these11 are built on backgrounds of other people's work. These12 pictures of environmental issues were from a geo lab at13 Rowan University and it covers stream buffers, river14 areas, FEMA, flood risks, etc. So, you know, I think15 that's it. Those were my comments.16 And I guess my overall comment would be,17 that, you know, my public comment is that there are a18 lot of, you know, open areas. People asked for more19 stormwater, you know, stormwater, groundwater heights,20 etc., And, you know, my request would be that the21 Planning Board ask for you know, some more additional22 information before you guys make a decision. And that's23 everything.24 CHAIRMAN BAGOFF: Thank you very much.25 14 THE PUBLIC: Okay. 30 seconds. Good.1 CHAIRMAN BAGOFF: Come right up. Thank you.2 THE PUBLIC: Hello. Good evening. My name3 is Luisa Casar. I live at 59 Davey Drive.4 MS. McGOVERN: Do you swear or affirm to5 tell the truth the whole truth and nothing but the6 truth.7 THE PUBLIC: I do.8 MS. McGOVERN: Thank you.9 THE PUBLIC: I wish to take this opportunity10 to express to you the perceptions and concerns of many11 of your constituents regarding the proposed development.12 While I don't pretend to speak for everyone there exists13 a general consensus that I wanted to share with you.14 You may agree or disagree with the following statements,15 but I think it's important for you to understand how16 many of the residents of West Essex Highlands are17 thinking and feeling. Before you reach a decision I18 would appreciate it if you could consider the following;19 Number one, many residents of the West Essex20 Highlands understand that they were never afforded the21 opportunity to go vote against the proposed development.22 Number two, the agreement that was signed in23 2020 is perceived to be

West Essex20 Highlands understand that they were never afforded the21 opportunity to go vote against the proposed development.22 Number two, the agreement that was signed in23 2020 is perceived to be a backroom deal that lacks24 professional ethics and it is viewed by many as an25 15 affront to the West Essex Highlands community.1 Number three, unit owners understand that2 many of the board members who voted for the proposed3 development no longer live in the West Essex Highlands,4 yet they unilaterally determine the fate of 300 home5 owners.6 Number four, many West Essex Highlands7 homeowners have expressed that the proposed development8 will adversely impact property values and their quality9 of life.10 Number 5, the rapid destruction of land and11 over development is devastating and it is destroying our12 township.13 Number six, the proposed development would14 never have been under consideration if the developer15 were not wealthy and influential.16 Number seven, land ownership does not17 entitle a developer to build upon land if the land is18 unsuitable.19 Number eight, the concept "done deal" when20 used to discourage discussions is perceived as giving21 oneself discretionary open-ended power to do as one sees22 fit.23 Number nine, the West Essex Highland24 resident understand that should the project proceed they25 16 will have to endure the catastrophic effects of1 flooding, soil contamination, rock slides,2 deforestation, traffic congestion and since there is3 only one ingress and egress fire and other emergency4 threats. We have already seen what happened when there5 was a fire at the Essex Fells Country Club.6 And finally number ten, many residents of7 the West Essex Highlands reject the notion that the8 developers application should be approved prior to9 submitting detailed water and sewer infrastructure10 plans. The fact that this is under consideration really11 boggles the mind.12 Before making your decision, I would urge13 the Planning Board to prioritize, support and ensure the14 safety and welfare of your constituents. The15 devastating effects that this development will have on16 the residents of West Essex Highlands and neighboring17 towns have been duly noted and recorded and as such, if18 a disaster should occur the Township of West Orange will19 in all likelihood be held accountable. Listen to the20 voices of the people, please do not

ave been duly noted and recorded and as such, if18 a disaster should occur the Township of West Orange will19 in all likelihood be held accountable. Listen to the20 voices of the people, please do not allow the21 development to proceed. Do the right thing and please,22 please, please save our forest. Thank you very much.23 CHAIRMAN BAGOFF: Thank you.24 Come right up. State your name for the25

5 of 66 sheets Page 17 to 20 of 155 02/26/2026 05:17:42 PM 17 record, please.1 THE PUBLIC: Good evening. Dr. Art2 Butensky. Rappleye Court. B-U-T-E-N-S-K-Y.3 MS. McGOVERN: Do you swear or affirm to4 tell the truth the whole truth and nothing but the5 truth.6 THE PUBLIC: Sure do.7 MS. McGOVERN: Thank you.8 THE PUBLIC: Good evening and thank you for9 this opportunity to present. I've been a resident of10 West Orange since 1958. I've lived in various locations11 in town over the years, Pleasantdale, the Main Street12 area and currently at The Grand. I have attended most13 all these sessions virtually. Some of the issues14 presented have been touched on, health topics, like the15 effects of blasting on hearing and the toxic effects the16 project would have on local residents drinking water.17 I come to you tonight to present an18 additional vital health issue not previously discussed19 for your consideration. I'm a local pediatrician20 licensed in New Jersey for over 40 years. My patients21 are from West Orange and all the local communities. I22 have significant concerns that this project will23 negatively impact the health of my patients, especially24 those with respiratory conditions. The information I25 18 present is from well accepted sources, like the Center1 for Disease Control and the American Academy of2 Pediatrics, as well as my own experiences. The3 incidences severity of asthma and respiratory problems4 in children has been increasing in the recent decades.5 Many factors are involved but experts in this area6 explain the damage to young airways by air pollution,7 carbon dioxide and nitrogen dioxide, ozone and climate8 changes are involved.9 I grew up in the shadow of the construction10 of Route 280, 50 yards from the mountain created on11 Suburban Drive. My dad had me wash his car twice a week12 from all the dust and particulate matter in the air.13 The blasting, whistles and booms with shaking ground14 were constantly in the background. Much of what I have15 heard about the proposed project construction reminds me16 of that.17 I have done some calculations as to the18 effects this might have on the pediatric population of19 this area. My population figures come from the 202620 census. Disease estimates from the CDC and the Academy21 of Pediatrics. The local population of West Orange and22 neighboring towns about 70,000. 21 percent of New23 Jersey