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

le to say that since our homes are on the slope6 no one should question this plan. Should we return to7 the 1980's in all things? Should we pretend we have no8 greater knowledge than we did before the internet? Gene9 Therapy? We learn from the past and improve on it, what10 was built in 1986 should have no bearing on this11 development. My property and my neighbors' properties12 are full of retaining walls, it does not take a13 geotechncial expert to understand that we live on and up14 against an extremely steep slope. We can see the rocky15 outcrops from our backyards, so to be constantly16 gaslighted by your experts has been nothing short of17 offensive. You discuss the Army Corps of Engineers18 safety ratings as it relates to catastrophic events. A19 dam bursting killing hundreds would be a catastrophic20 event, but I stand here, in front of you, many of you21 have met my family, should one of the rocks I have22 pictures of, but you tell me don't exist, were to be23 disturbed, roll down our steep backyard which is a 6024 degree slope, and hit my two year old, that would be a25

29 of 66 sheets Page 113 to 116 of 155 02/26/2026 05:17:42 PM 113 catastrophic preventable incident. You have not1 required this developer to take any precautions with the2 homes below Building D. A debris slide from the Grande3 damaged a home on Nestro. There are so many homes below4 the proposed Building D, my neighbors and I are from all5 walks of life, all income levels, races, you cannot6 paint us as a few rich NIMBYS, we are far from that. To7 have a proper catchment area, you need to be in front of8 the toe of the slope, as Mr. Gall explained, the issue9 for this developer is, our homes are the toe of the of10 slope, making this impossible, which should be reason11 enough to not approve this development. And don't12 worry, if there is a debris slide or anything were to13 damage my home, I will of course sued, but what price14 will you put on our children. Please, listen to us,15 your neighbors, and put aside why you believe you must16 approve such a half baked proposal. Vote no on this17 proposal. This will be your legacy, the largest18 development ever approved at one go in the Township of19 West Orange, but any and all fallout from this, too,20 will be your legacy.21 CHAIRMAN BAGOFF: Thank you very much.22 State your name for the record, sir.23 THE PUBLIC: Johnathan Sharret,24 S-H-A-R-R-E-T. My address is 11 Howell Drive, West25 114 Orange.1 MS. McGOVERN: Do you swear or affirm to2 tell the truth the whole truth and nothing but the3 truth.4 THE PUBLIC: I do.5 MS. McGOVERN: Thank you.6 THE PUBLIC: I'm a life long West Orange7 resident. I grew up here, I was born in 1981 in St.8 Barnabas Hospital. I returned with my wife to West9 Orange in 2009 and as I said before, we live in Howell10 Drive.11 This steep slope that everybody talks about,12 the development that's literally our backyard. But I13 don't want anybody to think this is a case of nimbyism.14 All right. You heard multiple people throughout the15 entire township, all right, tell you that this is a bad16 idea and urge you to go back, at least to deny this plan17 and tell the developer to go back to the planning18 stages. All right. This area is uniquely unsuited for19 development. All right. This is not a new thing, as20 multiple people have pointed out, all right, this has21 been before this Planning Board in various forms over22 decades and every single time it was denied. All

ll right. This is not a new thing, as20 multiple people have pointed out, all right, this has21 been before this Planning Board in various forms over22 decades and every single time it was denied. All right.23 There's nothing here that has changed, all right, on the24 ground. All right. Other than the fact that there was25 115 a lawsuit over affordable housing. Affordable housing1 should not be used, you know, as basically, you know, a2 sword over our necks, right, in order to force3 development that should not happen. All right. There4 should be a better plan in this town, right, for5 affordable housing. I haven't heard a single person6 talk, all right, about how they are against affordable,7 all right, or that they don't want certain type of8 people, whatever that may mean to them, all right, in9 their backyards or in their town. People want10 affordable housing in this town. What they don't want11 is affordable housing in a place that makes absolutely12 no sense and what they don't want is affordable housing13 used as a cudgel, all right, to force development that14 shouldn't happen. If you look at this area, right, it15 is uniquely unsuited, all right, for development, right.16 You look in particular at Building D, right. Why is17 Building D where it is, seven feet away from the ridge18 line. Why would any developer want to put a building19 there. Because they're forced to, right. If you look20 at the wetlands layout, okay, that has been mapped out,21 there is literally no other place that they could put a22 building and make a profit. So they put the biggest23 building possible right next to the ridge line. Right24 next to all the neighbors, all right, that are going to25 116 be on Howell Drive, right. You look at the shapes of1 those buildings, why are they in such weird shapes.2 Again, because of the wetlands, right. Why is the road3 that goes around there in the shape that it is. Again,4 to avoid wetlands. Why do they have to go and get a5 dispensation from the DEP. Again, because of the6 wetlands, right. That entire area, all right, is7 unsuited for buildings there but they want to force you,8 all right, to put those buildings there because of the9 affordable housing, right. They tell you and they have10 their engineers and they have their experts telling you11 that you have nothing to worry about, right.12 In my career, I'm a patent litigator,

affordable housing, right. They tell you and they have10 their engineers and they have their experts telling you11 that you have nothing to worry about, right.12 In my career, I'm a patent litigator, I've13 been litigating for many, many years and I know how14 experts work, all right, and maybe this is cynical, but15 for every expert, you know, you have no trouble finding16 one, okay, to support your ideas. All right. And you17 can say that on both sides of the issue. For every18 expert there's another opposite -- equal and opposite19 expert, all right. But I'm asking you to use your20 common sense. If you haven't gone to that area, I urge21 you to go to that area, all right. You've heard for22 example, all right, that there's going to be no problem23 whatsoever with water runoff. Go to the area, all24 right. Go in the early spring, right, it's not that far25

02/26/2026 05:17:42 PM Page 117 to 120 of 155 30 of 66 sheets 117 away, and see what happens, okay, in the spring. All1 right. See what happens in the late fall when it's2 hurricane season, all right. You will find, okay,3 waterfalls going back through my backyard, through all4 my neighbors backyards, every time there's even a5 moderate rainfall. Go look into the streets, look at6 the storm drains, you will see geysers, literal geysers7 popping up out of the storm drains every time there's8 moderate rain fall, right. And they want you to9 believe, all right, that they're going to mitigate all10 these problems, right. Again, use your common sense.11 Okay. And think, okay, is that really going to happen,12 all right. They're telling you, all right, that you13 should ignore, you know, the steep slope, it's going to14 be completely safe, all right. Ignore the current15 regulations, we predate them, right. Again, use your16 common sense, is that a good idea. Is that where you17 would choose to build a building, right. Is that smart,18 right. Is that something that West Orange wants to put19 its name on. That we allowed a building seven feet away20 from the steep slope, right.21 They tell you, don't worry about traffic,22 sure there will be one way in and out, okay. Don't23 worry about it, we're going to put a stoplight over24 there, right. Just this week, okay, I was driving down25 118 Pleasant Valley Way towards Eagle Rock, went up Eagle1 Rock towards Livingston, there was traffic nonstop.2 Bumper to bumper all the way from Pleasant Valley3 Way/Eagle Rock all the way up to Laurel Avenue. Okay.4 What's going to happen when there's a thousand or plus5 more cars coming through, all right. They tell you,6 don't worry about it, the lights going to solve it.7 Okay. Again, use your common sense. Tell them to go,8 at the very least tell them to go back to the drawing9 board. That this is a terrible idea. Okay. If it10 shouldn't be denied outright, all right, you don't want11 to take away their property rights, you want to, you12 know, abide by the settlement agreement. All right.13 The settlement agreement doesn't force you to vote for14 this, all right. It allows you to say that this is a15 bad idea and to tell the developer to go back to the16 drawing board. I urge you to tell them that.17 CHAIRMAN BAGOFF: Thank you very much, sir.18 State your name for the record,

say that this is a15 bad idea and to tell the developer to go back to the16 drawing board. I urge you to tell them that.17 CHAIRMAN BAGOFF: Thank you very much, sir.18 State your name for the record, sir.19 THE PUBLIC: Ben Steiner, S-T-E-I-N-E-R, 4420 Inwood Road, Essex Fells.21 MS. McGOVERN: Do you swear or affirm to22 tell the truth the whole truth and nothing but the23 truth.24 THE PUBLIC: I do.25 119 MS. McGOVERN: Thank you.1 THE PUBLIC: Mr. Chairman, Lady Mayoress,2 members of the Planning Board, thank you for this3 opportunity.4 I've watched a good number of these meetings5 on zoom, I listened to the expert testimony, I heard6 lots of questions from this room and I can't help but7 wonder who else is going to speak up in favor of this8 application. Now, maybe I'm wrong, but is anyone else9 going to speak in favor, can you raise your hand if10 you're going to speak in favor. Okay. Pretty clear.11 So I see a large group of people who don't like the idea12 and I see one person sitting in front me here, Mr.13 Plocker, who does like it. And I'm thinking to myself,14 why isn't anyone else speaking up in favor of this. Is15 it really that bad. Now, if this were a democracy, lots16 of people want to stop it, one person wants it, the17 result would be clear. But this isn't a democracy,18 let's call it what it is. It's capitalism. It's about19 profits for Garden Homes and risk for local residents.20 Now, my funny accent obviously isn't from21 New Jersey, I'm English and I am an American citizen22 now. So I did the whole citizenship test thing and they23 checked I could read and write English. I passed that24 bit. And they also gave me a test on US history and a25 120 civics test, which focused on government and democracy.1 So I'd like to start by thanking the Planning Board2 because you guys are living local democracy. Now,3 you're volunteers, you're all volunteers I assume.4 Maybe I didn't pass that one. You all give your time to5 your community as public servants, so thank you all for6 your service. And all of us making comments this7 evening recognize that. That you, like all other8 Planning Boards, are volunteers and you give your time9 freely to serve your community but you live in the10 community too. So you like other Planning Boards will11 be impacted by traffic congestion. You and your12 families will be impacted by overcrowded schools. You13 and your

mmunity but you live in the10 community too. So you like other Planning Boards will11 be impacted by traffic congestion. You and your12 families will be impacted by overcrowded schools. You13 and your families will be impacted by risk of public14 safety, by threats to the public water supply and on and15 on and on.16 Now, after all these meetings, obviously you17 have a choice. Do you choose the safety and welfare of18 the community or do you choose the profits of Garden19 Homes. It's about choice between increasing the profits20 of a billionaire, who by the way, doesn't live here, or21 protecting the safety and welfare of those that do.22 Now, I know what people say, that the little23 people never win in a situation like this, that there's24 always a billionaire with deep pockets who always gets25

31 of 66 sheets Page 121 to 124 of 155 02/26/2026 05:17:42 PM 121 what he wants and typically they get what they want by1 hiring a slick lawyer, like Mr. Plocker, and he always2 has an answer to everything.3 Now, Mr. Plocker built his career with words4 like Mount Laurel and builders remedy and settlement5 agreements and he does always get his clients what they6 want, until now perhaps. But I actually think what is7 going on here is very simple, and my public comment to8 you, the Planning Board, can be summed up with four9 words and I think they were actually said by a few10 people tonight and I haven't conferred with any of them,11 those four words are basically, do the right thing. And12 what it means is, do the right thing for public safety.13 Do the right thing for the concerned citizens of the14 community. Do the right thing so that anyone who15 becomes a US citizen like me learns in my civics test16 which was, uphold democracy and represent the wishes of17 the community. Do the right thing. Please. All this18 legal speak about settlement agreements, it's not an19 excuse for poor planning. Poor planning is a decisions20 are just that, poor planning decisions.21 Now, personally I'm terrified what the water22 that my kids are going to have to drink because of this23 development. I'm terrified about the air that my kids24 are going to breath because of this development. I'm25 122 worried about the traffic congestion on Eagle Rock1 because of this development. Think of your kids or your2 grand kids or your future kids and how will you explain3 to them that you agreed this was a good planning4 decision.5 So members of the Planning Board, thank you6 for what you do. You volunteer to support your7 community, you give your time to this community, you can8 now vote to project your community too by denying this9 application on the grounds and the risks to public10 safety that it presents. Don't be intimidated by Mr.11 Plocker here. His legal speak about a settlement12 agreements and the threats in his legal letters,13 regardless of what he wants you to believe, you do have14 a choice. You can choose to make good planning15 decisions in the best interest of the community, your16 community. So I hope for our kids, you'll do the right17 thing --18 CHAIRMAN BAGOFF: Thank you.19 THE PUBLIC: -- and choose to deny this20 application. Thank you, Mr. Chairman.21 CHAIRMAN

nity, your16 community. So I hope for our kids, you'll do the right17 thing --18 CHAIRMAN BAGOFF: Thank you.19 THE PUBLIC: -- and choose to deny this20 application. Thank you, Mr. Chairman.21 CHAIRMAN BAGOFF: Thank you very much.22 THE PUBLIC: My name is Susan Pannullo. I23 live in the 200-foot zone. And you'd like to swear me24 in.25 123 MS. McGOVERN: Yes.1 Do you swear or affirm to tell the truth the2 whole truth and nothing but the truth.3 THE PUBLIC: I do.4 So I speak to you as a brain surgeon and I5 teach engineering with an emphasis on doing things to6 enhance and protect human health and safety. When we7 assess risk and consider doing a surgery, like brain8 surgery, or doing a project, we say, first do no harm.9 Could everybody say that. First do no harm. One more10 time, because I don't have a lot to say so, first do no11 harm. Okay. Thank you.12 There's a fatal flaw here. Mr. Kleinberg13 failed to defend the use by one set of experts, less14 stringent safety standards applied to the risk analysis15 regarding the building which has been referred to as16 Building D, I think of it as the skyscraper, rather than17 more stringent safety standards. When pressed, and I18 unfortunately felt compelled to press him, because19 that's the kind of thing that brain surgeons and20 engineers do, we think through stuff. We obsess about21 stuff and we press people. When pressed, Mr.22 Kleinberg's answer was something about money. And I23 asked him again, because I had trouble processing that,24 I don't understand a lot about money or a lot of the25 124 other issues that everybody's been talking about, very1 narrow realm. But again, it was something about money.2 This application smells of a fatal flaw. One of the3 superpowers that you have to have to be a brain surgeon4 or to be an engineer where risk is involved, is smelling5 something doesn't look right. Something's a fatal flaw.6 We cancel surgeries all the time because somethings off.7 You see a blood test off, somethings off and you say, we8 just should stop here. That's what we do, we stop. We9 stop. Dead stop and we say, let's roll this entire10 thing back again and look at it and sometimes it's11 horrible, you set everything up, the family's all there,12 everybody's all ready to go and you have to stop and13 it's annoying and it's costly and it's inconvenient, but14 when we smell a fatal flaw we stop. So I

set everything up, the family's all there,12 everybody's all ready to go and you have to stop and13 it's annoying and it's costly and it's inconvenient, but14 when we smell a fatal flaw we stop. So I can't comment15 on all the other compelling issues that we've heard16 about, a lot of which I learned about over the past17 years, but on the basis alone, the risk of a fatal flaw18 here, a fatal flaw, and I mean literally, fatal flaw.19 Like in brain surgery if you mess up it can be a fatal20 flaw. Based on the risk of a fatal flaw here you must21 reject this application as submitted. Thank you.22 CHAIRMAN BAGOFF: State your name for the23 record, please.24 THE PUBLIC: My name is Richard Baum, I live25