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

that's 6,360.14 This application is deficient in so many ways, it's not15 funny, but one of them is there's no tree removal plan.16 No one knows how many trees are going to go. This is a17 preliminary site plan seeking final site plan approval.18 The buildings already been moved. The original concept19 plan from 3/2020 is now been moved. Building D got20 changed, roads have been moved. The DEP permit21 application which originally was submitted in 202322 under, in theory, the old inland flood protection rule23 was to treat stormwater treatment management over 3024 acres. That application was withdrawn, the application25

02/26/2026 05:17:42 PM Page 141 to 144 of 155 36 of 66 sheets 141 was resubmitted in June of 2024 with a guidance to treat1 all of the stormwater over 120 acres and guess what,2 your still can't engineering it. It's still flawed.3 You didn't want to hear about it before but you guys are4 going to hear it one way or the other, because the DEP5 finally provided an OPRA fulfillment providing data that6 this town does not have in the application, that the DEP7 had done by Echo Sciences and the DEP sight visit8 showing there's soil modeling. There's wet in the9 uplands taken. There was borings taken. It's now10 public information. You don't have to get it here in11 the record, it will be in the DEP appeal with the EEOC12 and the townships. But the bottom line is, this is a13 deficient application.14 There's no environmental impact statement.15 There's no utility plan. The last two plans for this16 application didn't include those things.17 There's not an impact statement in the DEP18 application or in the township.19 There is no utility plan. There's no real20 tree survey.21 There's a materially deficient stormwater22 management plan.23 There's no construction traffic plan.24 What happens when they blast on Warner Road25 142 or wherever else they're going to blast and they're1 operating utilities.2 There's no sidewalks.3 There's no snowplow removal.4 There's no road in and out.5 This is still a cul-de-sac, you can decide6 to choose it's 120 acres at the property line, but7 Warner Road and Kuzik therefore goes in half a circle8 back into Warner and collection again is that not a9 cul-de-sac. That's absurd and it's dangerous. It does10 defy RSI. It is 5,300 average daily trips a day. It's11 not a de minimus exception and this Planning Board does12 not have the authority to grant a variance or any13 exception from the state Residential Site Improvement14 Standard or any other state law, so I hope you all pay15 attention to that.16 There's no access to sanitary sewer, power17 and public transit, stormwater plan.18 There's no consideration here for where are19 the buildings. The cooling tower, the water tower20 that's going to have to go on top of the mountain. The21 power substation that handles eight megawatts of power.22 You can't shutdown the whole mountain. This stuffs not23 even in the plan. So it's not just incomplete, it's not24 even reviewable. There's not

ower substation that handles eight megawatts of power.22 You can't shutdown the whole mountain. This stuffs not23 even in the plan. So it's not just incomplete, it's not24 even reviewable. There's not enough information here25 143 because they didn't belong before the site plan review1 board to be past on to you. There's no recognition of2 existing flooding, evacuation. I could go on here for3 days. I've been studying this thing for three years,4 thousands of hours and thousands of dollars and a lot of5 this is in my head. We're not done. I will surrender6 at the five minutes but this plan does not stop in West7 Orange. You know whoever loses is going to appeal, but8 what you don't know is there's separate appeals at the9 DEP and there are now, there's a new sheriff in town.10 Mr. Plocker, Garden Homes, I have great11 respect for your work. I have reviewed every bit of12 legal work you guys have done, this was done at the peak13 of COVID, nobody in town knew all the OPRA's I submitted14 and this felt like the booth in the back in the corner15 in the dark deal because nobody knew. Well, now we know16 and it's not going to stop here and it's not going to17 stop in the county either and hopefully everybody here18 will make sense of it before you go and I urge you, if19 you do nothing else, if and when you approve, you do not20 allow one single tree to be removed from this site21 because the tree ordinance is not in effect. There's no22 permit needed and once that happens all of the23 irreparable harm which will befall this site will occur24 because it was trees were fell and that charged the25 144 stormwater, the water quality that' in the townships and1 it can't happen, so if you do nothing else until there's2 a final unappealable judgment from any venue, please3 stop all tree, any tree, removal or shovels in the4 ground. I thank you.5 CHAIRMAN BAGOFF: State your name for the6 record, sir.7 THE PUBLIC: Johnathan Redwine.8 MS. McGOVERN: And your address.9 THE PUBLIC: 10 Cobane Terrace, C-O-B-A-N-E10 West Orange.11 MS. McGOVERN: Do you swear or affirm to12 tell the truth the whole truth and nothing but the13 truth.14 THE PUBLIC: Yes, I do.15 You guys have been going at this for a long16 time and I have some notes that are not as polished as I17 wish they were, but I want to first say, I understand18 that you are all volunteers and I appreciate you19 volunteering

at this for a long16 time and I have some notes that are not as polished as I17 wish they were, but I want to first say, I understand18 that you are all volunteers and I appreciate you19 volunteering for this board. I know that people don't20 volunteer for this kind of a job out of ill will or ill21 intent and I just want to say that I appreciate that22 upfront.23 I also hope that you're listening to your24 neighbors. I hope you are listening to the people who25

37 of 66 sheets Page 145 to 148 of 155 02/26/2026 05:17:42 PM 145 live in the neighboring towns, who are going to be1 impacted by this development if it's approved. And I2 know that the DNA of this body is to protect the health,3 safety and general welfare of this community and I hope4 you're mindful of that as you move towards taking a vote5 on this application.6 There are great reasons to reject this7 proposal. You've heard a lot of them five minutes ago.8 You know that this application is incomplete. You know9 that we don't have an environmental impact study for10 this site. And so we can not rule out things like11 extreme flooding.12 You know that there's no plan to connect13 water, sewage and utilities to the site.14 You know the risks of building a large15 apartment building seven feet from the ridge line16 presents great risk. You know those risks.17 You know that the residents of West Orange18 and of neighboring towns are asking you to reject the19 proposal because they fear for their safety, they fear20 for continued environmental degradation of our town. In21 fact they even fear for the safety of residents who may22 move into this new development, people they don't even23 know, that's why people are coming to tell you what24 their concerns are and I hope that you're hearing them.25 146 Now, those are all facts that you've heard1 from the parade of people who have been here tonight and2 the parade of people who have been here over the last3 what, 18 months you all been hearing this application.4 They're asking -- we're your neighbors, we're asking you5 to protect us from the proposal that's sitting before6 you.7 I know that many of you may be afraid of8 threatening litigation, I know that that's a fear. I9 hear people talk about that whenever I talk to people10 who are working in our municipal government, that11 litigation can cause a lot harm to our community and12 could generate burdens for people who live here. I know13 you're afraid of that. I also know that approval of14 this plan will bring litigation from other corners,15 residents, neighboring towns, people whose homes flood16 when you approve a reasonably foreseeable runoff17 disaster. So don't be afraid of litigation, it's coming18 one way or another. This is not -- we're not in a19 winnable situation right now. We're in a situation20 where we're asking you to protect us from this

So don't be afraid of litigation, it's coming18 one way or another. This is not -- we're not in a19 winnable situation right now. We're in a situation20 where we're asking you to protect us from this developer21 and this development and this proposal. So what I'm22 really asking you to do is to listen to your neighbors23 and your friends in town and in our neighboring towns24 and I'm asking you to have curage. I'm asking you to25 147 have curage for us and I'm asking you to show us that1 curage by voting to protect us from this proposal that I2 don't even think we can call half baked. It's3 incomplete. So I, like the rest of the people who I've4 heard speak tonight, are just asking you to reject the5 proposal. You have plenty of reasons to do so.6 CHAIRMAN BAGOFF: Come right up, sir.7 State your name for the record.8 THE PUBLIC: Good evening. Michael Brick,9 19 Colony Drive, West Orange. Resident for 53 years.10 MS. McGOVERN: Do you swear or affirm to11 tell the truth the whole truth and nothing but the12 truth.13 THE PUBLIC: Yes, I do. Thank you.14 I'm appearing to you as a private citizen15 not as chairman of the Environmental Commission. I16 decided to listen to all the people speak. I wanted to17 get a huge overview of where we all stand as citizens18 and surrounding citizens. I appreciate and I know a lot19 of you people personally for many, many years as I've20 lived in town and I've been environmental -- involved in21 environmental issues for 15, 20 years. So it's -- I'm22 going to give you an overview, it might be a little bit23 different than what you've heard before, which is what24 I'm trying to do.25 148 I've been following this Phase II on the1 Highlands for many, many years now and so many of the2 details are very well-known to me, so I' not going to3 repeat them, other people have done a really good job of4 repeating them to you and our West Orange Environmental5 Commission in 2019 or '20, before COVID, was not made6 aware of the West Orange agreement with the developer,7 the Wilf Corporation, making them exempt from8 environmental regulations. That time, around the time9 of COVID, we all went into paralysis and it was not a10 normal circumstance for any of us but we made it11 through.12 The town council voted on and passed the13 agreement. This, again, this is right before COVID shut14 us all down. This agreement went into the deep

rcumstance for any of us but we made it11 through.12 The town council voted on and passed the13 agreement. This, again, this is right before COVID shut14 us all down. This agreement went into the deep freeze15 of COVID for many years. When it came out and the16 country resumed normalcy the agreement came into light.17 The Planning Board had to deal with it with their hands18 tied as the township had already agreed to develop this19 project. It's a unique situation and I feel for the20 Planning Board because of that, this doesn't happen21 normally.22 The Planning Board is in a no win situation23 and the reason for that is because the agreement was24 flawed from the very beginning and we all realized that.25

02/26/2026 05:17:42 PM Page 149 to 152 of 155 38 of 66 sheets 149 No matter how you vote, whichever it is going to be,1 positive or negative or no vote, I'm not sure what you2 can do legally. The loser will sue the township, that's3 a guarantee. Knowing what I know from all the parties4 involved, this township will get sued, the Planning5 Board will get sued and it's unavoidable and that's my6 personal opinion and it's the opinion of a lot of other7 people here. So take that and run with it. And this is8 going to go up to the New Jersey Supreme Court fairly9 quickly and it's an environmental concern for the10 general welfare versus affordability for subsidized11 housing. That seems to be the issue that this all12 hinges on. Which is more important, the environment13 that we all have to -- that we all live in, that we14 enjoy, that gives us our life or subsidized housing for15 a small percent of people, which is also important, but16 what takes precedence. And the New Jersey DEP has17 already moved past the 2018, 2019, 2020 environmental18 levels twice now to increase them as our environment19 deteriorates. So we're dealing with a project that has20 been designed for old environmental standards and the21 New Jersey DEP has chosen not to review those standards,22 which is wrong, but they chose not to do it and they'll23 probably get sued for it because of that. We'll see24 what happens.25 150 Since the development used to define this1 project is the issue that we're all dealing with, we2 have to realize that the decision rendered in the courts3 that the New Jersey DEP will again be increasing their4 environmental standards. They're in the process of5 doing so as our environment deteriorates. So by the6 time this project could get off the ground there7 probably be a third generation and then probably a8 fourth generation where it's being planned for extinct9 requirements, which is insane because it's a very10 critical steep slope situation. So why would anyone11 want to develop 500 apartments on steep slop when12 they're dealing with extinct regulatory procedures that13 are now moot, because they've been over -- passed over14 by new procedures. So no one should be happy with a 50015 apartment development that could be created using16 antiquated standards so as to create disasters for our17 entire Essex County and adjoining counties. That's why18 surrounding

be happy with a 50015 apartment development that could be created using16 antiquated standards so as to create disasters for our17 entire Essex County and adjoining counties. That's why18 surrounding Essex County Environmental Commissions for19 the towns plus the Essex County Environmental Commission20 have formally stated their opposition to this project.21 If the Wilf developers truly had the22 citizens of Essex County, West Orange and the23 surrounding townships and the other counties in their24 moral compass they would agree to adopting current New25 151 Jersey DEP standards for this project. This is a1 billionaire developer, there's no reason why he should2 hang his hat and develop this project using old3 standards. He should be volunteering that he will do4 what's right to -- if they would develop the project5 using new standards and there is no cooperation from6 them doing that, they're hanging their hat on these old7 standards. And if not then this developer does not have8 the citizens of West Orange and Essex County and9 surrounding counties in their best interest.10 Now, our environment is deteriorating and we11 have to take it very seriously as untold damage and loss12 of life will occur. Steep slopes were protected from13 being built on, our West Orange laws have beep bypassed14 and made null and void in this township agreement.15 There surely will be a -- I'm giving you16 examples. There surely will be a ten inch rain fall, if17 not if, but when. Our area in the past five years has18 had such rain falls to the west and south of us.19 There is no way the stormwater runoff20 engineering would not catastrophically fail under such a21 deluge. The New Jersey DEP knows this is and this is22 why construction standards have been strengthened in23 past number of years. For example, we will have, with a24 ten inch rainfall, which has happened around us, just25 152 hasn't happened here, and it will dump 32 million1 gallons of water onto this property. If there's a 502 percent runoff that's 16 million gallons of water. We3 need to know that they have developed their stormwater4 system to contain 16 million gallons of water for a5 period of time before it's released. We don't have that6 data. Also they haven't even developed this piping7 system for four systems, gas, electrical, water and8 sewage that run through this piece of ground. I worked9 highway

s released. We don't have that6 data. Also they haven't even developed this piping7 system for four systems, gas, electrical, water and8 sewage that run through this piece of ground. I worked9 highway construction Local 472 in Newark building10 stormwater systems for two and a half years and I laid11 systems myself. When you're running 12 to 48 inch pipe12 and you're doing it through bedrock, you're creating a13 super highway for water because you're not going to fill14 it with dirt, you're going to fill it with crushed stone15 so that the water has somewhere to go. And the water16 with this cross network of all these pipe systems that17 haven't even been designed yet is going to fill with18 water. It's under pressure, it's a disaster waiting to19 happen. I've seen it happen on highways. When you20 develop a system for highways you have to get that water21 off the roadbed. You got to make a huge system that22 carries that water away so it doesn't destroy the23 roadbed. Well, not only in this area do you have to24 keep water away, you have to keep the water from running25