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

02/26/2026 05:17:42 PM Page 125 to 128 of 155 32 of 66 sheets 125 at 10 Kinzel Lane, West Orange, New Jersey.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 So I'm reading the comments for Debbie6 Butensky, my neighbor, who lives at 11 Rappleye Court.7 CHAIRMAN BAGOFF: Okay. You can do this as8 your comments, but you can't do it as her comments.9 THE PUBLIC: Okay.10 CHAIRMAN BAGOFF: So if you say to the11 record it's your comments --12 THE PUBLIC: These are my comments that she13 wrote. How's that? Is that good?14 CHAIRMAN BAGOFF: Good enough.15 THE PUBLIC: Very good.16 She writes this in the first person so it17 might sound weird.18 CHAIRMAN BAGOFF: That's okay.19 THE PUBLIC: My background is the sciences20 and I'm not a surgeon.21 My interest in this project began in May22 2024 when the West Orange town Mayor called a town23 meeting at the Wilshire Grand. The meeting with the24 Mayor was to inform the public about the project. Her25 126 designated slide presenter, Wayne DeFeo, misinformed the1 public saying that the forest was unhealthy and that got2 me interested. I've hiked forests in many mountain an3 ranges in upstate New York, California and New Jersey.4 This is a small forest. It is lush and it is thriving.5 My specific career in clinical management I maintained a6 strong interest in environmental sciences, ecology and7 all things salutary. I've, as you heard by many of the8 environmental experts, a forest is not designated9 healthy or unhealthy, that's a medical term. But we can10 accurately say that there is a lush forest canopy on11 this site. In my opinion the particular forest is an12 absolute treasure, it is a rare pristine area that has13 never been developed and it never ever should be14 developed.15 In 2010 this was part of the Master Plan for16 West Orange, to preserve it as open space. There is now17 focus on the medical community on the mind, body18 connection. Mindfulness maintaining our metal health as19 well as physical.20 The forest of Block 179 Lot 8 though21 privately owned, remains in a perfect location for open22 space. You, the Planning Board, should reframe from23 permitting the development of this site of ordinance24 that was signed by the Town Council board in 2020 with25 127 the Mayor and on legal advice.1 Deer fencing can keep deer from

hould reframe from23 permitting the development of this site of ordinance24 that was signed by the Town Council board in 2020 with25 127 the Mayor and on legal advice.1 Deer fencing can keep deer from eating2 immature trees, does not repopulate mature trees, but3 increases underbrush exclusively. The forest cannot be4 replaced once trees are bulldozed.5 Fair share housing was not meant to be6 located where construction mandates the destruction of7 pristine forest.8 You heard from the environmentalist that the9 development would effectively kill the entire forest,10 not just the 20 acres planned. 28 acres planned.11 Instead of preserving the land as an oasis, allowing the12 development causes destruction to the forest, would put13 the Planning Board on the wrong side of West Orange14 history, destroying thousands of trees, effectively15 killing a forest located at Block 179 Lot 32.16 Moreover, there is simply ambiguity as to17 the fill of the eastern slope. There is no water source18 at the top of this site and to create a sufficient water19 pressure to fight a fire a water tower 40 feet high or20 higher would need to be constructed. We are talking21 about a structural behemoth and an eyesore for miles22 around. Development would certainly pollute the water23 source to the residents of Essex Fells. Surely the town24 could find an alternative location for it's fair share25 128 housing. I feel that this project is like the Titanic1 and developer Wilf is the iceberg. You folks are ill2 prepared for the enormous disaster destined to happen3 for allowing this plan to proceed. The application is4 missing a sewer plan, there is a subpar emergency5 evacuation plan, inadequate stormwater recharge6 management and failure to heed the advice of experts,7 especially regarding the steep slope. Reminds me of the8 Titanic disaster. The blockade of a fire truck access9 to the apartment building could have easily occurred in10 a snowstorm. It puts lives at risk.11 Road blockage on Warner Road or Howell Drive12 would put all residents in the apartment at risk being13 trapped, perhaps losing multiple lives. Thank you for14 your time.15 CHAIRMAN BAGOFF: Thank you very much. Come16 on up and state your name for the record, please.17 THE PUBLIC: I'm Deborah Druce, D-R-U-C-E,18 15 Barbara Avenue, West Orange.19 MS. McGOVERN: Do you swear or affirm to20 tell the truth the whole truth

up and state your name for the record, please.17 THE PUBLIC: I'm Deborah Druce, D-R-U-C-E,18 15 Barbara Avenue, West Orange.19 MS. McGOVERN: Do you swear or affirm to20 tell the truth the whole truth and nothing but the21 truth.22 THE PUBLIC: I've been -- my husband and I23 and my family have been residents of West Orange for 3324 years. We live in the lovely neighborhood along25

33 of 66 sheets Page 129 to 132 of 155 02/26/2026 05:17:42 PM 129 Pleasant Valley Way, very close to the ridge that we've1 been discussing. Every season I am very thankful to2 walk up to the top of that ridge and to look over to see3 Pleasant Valley Way and the beautiful views that are4 there.5 I want to thank everyone here whose6 expressed their views about this project and this7 meeting shows the strength concerned citizens and how it8 is important to protect the ridge of overdevelopment by9 the Garden Homes developer.10 I want to recall the efforts in 1990's and11 2000's when Susan Borg was West Orange town planner.12 She was well respected for her knowledge of the issues13 and her interactions with residents in upholding the14 values of good community planning and environmental15 protection. Susan resigned and passed away in 2019 and16 no town planner has been available for six years in the17 town. We are at a brink of major change in housing in18 urban development and the interaction of this meeting19 reflects the values with which were upheld during that20 period of time in 1990's and 2000's. Take this21 opportunity to move forward and utilize the potential22 expressly this evening and throughout the year and23 reject this proposal.24 Look at the -- if you look across at the25 130 urbanization along Route 280 where there's the first1 mountain slope, you will see great towers and buildings2 that show the sprawling urbanization of West Orange. If3 you take -- the individuals have been speaking about how4 affects them individually, it's a very big concern.5 If you recognize how trees and green up on6 the ridges will prevent wind shearing and when there are7 big storms and if you go up and you look at the top you8 will see the remainder of the trees that have fallen9 down during Hurricane Sandy and Hurricane Irene blew10 through the area and the microburst that went through11 Verona Park, which happens in many areas when there's12 changes, big changes taking place of trees.13 Recognizing the strength of the residents14 wanting to maintain this community with features that15 are tolerant and diverse for the people living here and16 include good road systems, housing, good sewage it17 creates a stronger community and not an evasive one. A18 place where fauna and flora will flourish, it's a gift19 for all of us and we can enjoy the heritage when the20 South

housing, good sewage it17 creates a stronger community and not an evasive one. A18 place where fauna and flora will flourish, it's a gift19 for all of us and we can enjoy the heritage when the20 South Mountain Preservation that was created after the21 paper milling destroyed the forest and it required22 reforestation in the 1890's. Note how this area was23 valued by the Olmstead brothers were hired to design the24 parks here, in Verona Park and many other places.25 131 Listen to our concerns and tap into the kind of energy1 that we are here to help you in planning. Make this the2 beginning to make town planning a priority that3 integrates our concerns as well as New Jersey towns to4 allow affordable housing. Do not support this proposal.5 CHAIRMAN BAGOFF: Thank you very much.6 State you name for the record.7 THE PUBLIC: Good evening. Keith Loughlin,8 L-O-U-G-H-L-I-N-law, from the law firm Inglesino, Taylor9 on behalf of Essex Fells Country Club.10 MS. McGOVERN: Just so the board11 understands, we do not swear in a lawyer. You're12 representing the Country Clubs position, correct?13 THE PUBLIC: Correct.14 MS. McGOVERN: Okay.15 THE PUBLIC: And I will tell the truth as16 well.17 Thank you for the opportunity to speak18 tonight regarding this application. We've received the19 assurances from the applicant on the record that this20 project will not now or in the future require road21 widening that will impact our property, and we thank the22 applicant for those assurances, given the importance of23 maintaining our historic Essex Fells Country Club24 property which was originally constructed in 1900.25 132 We've attended all the hearings on this1 application and heard a great deal of expert testimony2 from the applicants professionals, the boards3 professionals and We Care's professionals regarding the4 stormwater management.5 The Essex Fells County Club property6 unfortunately floods during heavy rain events as was7 demonstrated through a video presentation by a member of8 the public at a prior hearing. Based on the known9 flooding patterns in the neighborhood we have legitimate10 concerns about the impact of this application on our11 property. While the applicants engineer says this12 project will not have a negative impact on the13 community, other professionals, including those14 presented by We Care, disagree. We have filed an appeal15 of the NJDEPs decision

engineer says this12 project will not have a negative impact on the13 community, other professionals, including those14 presented by We Care, disagree. We have filed an appeal15 of the NJDEPs decision to apply the older, less16 stringent stormwater management standards to this17 project and that appeal remains pending before the18 Appellate Division.19 We ask you to consider the impact that this20 project will have on the stormwater management of the21 community, including Essex Fells Country Club and thank22 you for your time and attention.23 CHAIRMAN BAGOFF: Thank you, sir.24 Come right up, sir. State your name for the25

02/26/2026 05:17:42 PM Page 133 to 136 of 155 34 of 66 sheets 133 record.1 THE PUBLIC: Charles Fiscus, I live at 782 Davey Drive, West Orange. F-I-S-C-U-S.3 MS. McGOVERN: Do you swear or affirm to4 tell the truth the whole truth and nothing but the5 truth.6 THE PUBLIC: I do.7 CHAIRMAN BAGOFF: Go right ahead, sir.8 THE PUBLIC: So been sitting here all night9 and I've been at a few meetings and a lot of people are10 making really good points and I don't need to repeat11 them, they're all very well put together.12 We essentially live in a cul-de-sac and13 adding more to it is just wrong. That's what it comes14 down to. And that's all I got to say.15 CHAIRMAN BAGOFF: Please state your name for16 the record, sir.17 THE PUBLIC: John Haydu, H-A-Y-D-U. 81 AVON18 DRIVE, ESSEX FELLS.19 MS. McGOVERN: Do you swear or affirm to20 tell the truth the whole truth and nothing but the21 truth.22 THE PUBLIC: I do.23 I'm your neighbor, so I just want to24 introduce myself. I actually border the property in25 134 Essex Fells. I purchased it October 29, 2014 and the1 reason why I bought the property was one of my2 neighbors, who's a really great man who passed away3 about nine years ago in 2016, his name was Dr. Leon4 Smith. Dr. Leon Smith was a great man, he fought this5 development for years. He was a infectious disease6 doctor, he was probably one of the top doctors in the7 world. He's not here today to speak so I'm going to try8 to speak, you know, for him for what he did for us in9 Essex Fells.10 In November 2004 Essex Fells Township11 residents entered in a settlement agreement with the12 West Essex Highlands, Inc, a pending litigation of a 12013 acre parcel of property. So what I want to get into,14 Mr. Plocker keeps talking about the settlement15 agreement. The settlement agreement. The settlement16 agreement. I'm happy for their settlement agreement,17 but we have a settlement agreement from 2005 and they18 need to honor our settlement agreement. They need to19 honor Verona's settlement agreement too. So I'm just20 going to talk about the settlement agreement a little21 bit.22 West Essex Highlands intended to build the23 property of single family homes and it was passed by the24 ordinance 1934-04. Essex Fells Homeowners Association25 135 Two brought a lawsuit against the Township of West1 Orange and West Orange Planning Board and West Essex2 Highlands Inc, intervened.

y the24 ordinance 1934-04. Essex Fells Homeowners Association25 135 Two brought a lawsuit against the Township of West1 Orange and West Orange Planning Board and West Essex2 Highlands Inc, intervened. The settlement agreement3 recounts that as a result of the settlement agreement4 the litigation was dismissed by the Essex Fells5 Homeowners Association and its members. So that was Dr.6 Smith that did that. But what happened, well, he's not7 here, who's going to stand up for him. Who's going to8 speak for him.9 The settlement agreement was executed by10 Zygmut Wilf on behalf of the West Highlands, Inc, and11 that signature was witnessed by Mark Hoffman. I'd like12 to submit that into the record.13 Town attorney Richard Trenk --14 CHAIRMAN BAGOFF: Sir, you can't.15 THE PUBLIC: Well, it's my time. I want my16 time. You've interrupted enough people in the 3017 meetings I've been here. I want to talk now. I want to18 talk now.19 CHAIRMAN BAGOFF: Sir.20 THE PUBLIC: I've been here 30 meetings, I21 appreciate --22 CHAIRMAN BAGOFF: So have I.23 THE PUBLIC: -- everything that you've done.24 I appreciate it. I want to talk.25 136 CHAIRMAN BAGOFF: But you want to do1 something that we can't accept. You may speak.2 THE PUBLIC: It's public comment, I can say3 what I want.4 CHAIRMAN BAGOFF: Yes, you can.5 THE PUBLIC: So I want another minute.6 CHAIRMAN BAGOFF: Go right ahead, sir.7 THE PUBLIC: Okay.8 So now that I've been rudely interrupted by9 the Chairman.10 Town attorney Richard Trenk, signed the11 Stipulation of Dismissal on January 27, 2005, that's the12 town attorney, right. So he signed it. So he was aware13 of this agreement. He also signed their agreement14 recently, so how can you agree to an agreement that you15 already had an agreement before but you didn't -- you16 guys know about our agreement? Have you even looked17 like into our agreement? Verona's agreement? Let ne18 give you some highlights of the agreement.19 "Homeowners shall have the right to attend20 all hearings." I'm here.21 "All applications by the developer relating22 to the development of the property at such time will23 have the right to object." I'm here, I'm objecting.24 "Developer makes for approval that violates25

35 of 66 sheets Page 137 to 140 of 155 02/26/2026 05:17:42 PM 137 ordinance 1934-04." He's -- they're violating my1 agreement. Okay. I'm just letting you know that.2 "Developer covenants shall not build or3 cross permit by the contractor otherwise to build any4 houses or developments greater than 7,000 square feet."5 I think these buildings are bigger than 7,000 square6 feet.7 "Even if allowed to do so by the West Orange8 ordinance 1934-04 or other provisions of the West Orange9 code."10 "Developer covenant that shall prohibit the11 construction of any fence along the common property line12 of the development." Fence, no fencing. Does that13 count deer fence that you're going to do two deer14 fences. My agreement say's there's no fencing. So how15 are they going to do that? Do we have to fight this?16 Do I have to get a layer? What do I have to do? Maybe17 you guys could help me out.18 "Permit for construction shall also contain19 a provision that the restrictions will run with the land20 and for the benefit of the homeowners lots and shall21 have the right to enforce the violation therefore." I22 have met with Mr. Hoffman in my backyard, he told me to23 put a big berm up and block the building from my house.24 Unfortunately, I'm a realtor, my backyard in the West25 138 Orange side is wetlands. So he wants to put a berm in1 your wetlands.2 So what I'm trying to say to you guys is3 like, I grew up in this neighborhood, I'm 53 years old,4 Roseland did this, everybody had their opportunity in5 this world to do something right. Do something right.6 Go with your gut. This is not a good plan. I can't7 make a left out of that development in the morning now.8 You agreed to put a light there. I tried to walk there9 today from Oval Road on Eagle Rock to where the big10 pound of dirt is, I couldn't do it today. How is a 7011 year old woman going to do it? How's a ten year old kid12 going to do it? Oh, don't worry, there's no sidewalks,13 we're not going to need sidewalks. These things, every14 meeting I've been to you guys are here, it's -- it gets15 worse. Every meeting it gets worse of what's going on.16 Please stop this. Do what's right for us, for your17 neighbors, for Dr. Smith and for the residents of West18 Orange. Thank you very much.19 CHAIRMAN BAGOFF: State your name for the20 record, sir.21 THE PUBLIC: Good evening. Joseph Pannullo,22 Essex Fells 200-foot

for Dr. Smith and for the residents of West18 Orange. Thank you very much.19 CHAIRMAN BAGOFF: State your name for the20 record, sir.21 THE PUBLIC: Good evening. Joseph Pannullo,22 Essex Fells 200-foot notice area.23 MS. McGOVERN: Do you swear or affirm to24 tell the truth the whole truth and nothing but the25 139 truth.1 THE PUBLIC: I do.2 MS. McGOVERN: Thank you.3 CHAIRMAN BAGOFF: Go right ahead, sir.4 THE PUBLIC: Yup.5 Before I get started here I would like to6 just, I heard Ben Steiner, who also happens to be a7 fireman in town, talk about the four words, do the right8 thing. I have four boys, my wife and I, one came and9 left and I've taught my kids that, you know, you do the10 right thing, but sometimes it's not always clear what is11 the right thing to do. How do you do the right thing.12 And I taught my kids that when you can't figure out what13 is the right thing to do, figure out what is the wrong14 thing to do and don't do it. This falls in that15 category and I'll start.16 West Orange is the most heavily forested,17 stormwater managed, steep slope town in all of Essex18 County, which is the most densely populated county in19 the most densely populated state in all of north20 America. This last core forest, 120 acres, the last21 unprotected core forest in town, is intact for a reason.22 I won't get into all the experts, you're going to hear23 Bruce summarize it. You've heard people here ad24 infinitum. The canopy, the tree canopy in the town of25 140 West Orange has gone from 45 percent to 27 percent in1 the last 15 years, according to your own environmental2 commission and that was two years ago. This 85,000 tree3 forest comprises some component of that canopy. The4 developers -- the applicant for the expert said there5 were 25,000 trees in the forest. We submitted a tree6 removal plan that showed 85,000 trees and 27,0007 removed. That was in 2010. There's not 60,000 trees on8 the ground. One.9 Two, unfortunately I'm the guy who came up10 with the 6,000 tree number. The number was 6,360 and it11 was derived from reading your settlement agreement which12 says, 30 acres times 212 trees per acre credit for up to13 30 acres of deer fence. Do the math, 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