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

02/26/2026 05:17:42 PM Page 85 to 88 of 155 22 of 66 sheets 85 approval because they didn't want access granted to the1 120 acres remaining. In order to proceed this owner2 agreed to give their word to deed restrict. They added3 a restrictive covenant to the properties on Howell4 Drive. The current settlement agreement the Township of5 West Orange has with this developer also mentions a deed6 restriction. They are agreeing that the remaining 907 acres will not be developed. The deed restriction8 section of the settlement agreement that everyone refers9 to all the time reads, I quote, "Shall restrict the10 subject property from all further development" with some11 exceptions for accessory dwellings and utilities.12 In the Verona Planning Board resolution it13 mentioned, specifically number 9 of the 1980's14 agreement, and I quote, "That a restrictive covenant be15 placed in the deed of each individual lot in the entire16 development against any use other than one family17 homes." If the owner, this developer, is not honoring18 the deed restrictions they agreed to in the '80's19 resolutions then how is the current agreement, the20 covenant, going to be honored? Their words and21 agreements cannot be trusted. They have proven to this22 board and to the public that they don't honor their23 words by using two properties they promised. Promised24 to deed restrict as single family homes only, they want25 86 to use as access roadways. So they don't live up to,1 they don't honor their word but as we can see they have2 the money to try and get around living up to and3 honoring their word. In the end when the applicant4 doesn't honor their word, they make you, the board5 members, look like the bad peeps.6 Protect your West Orange neighbors and7 fellow Essex County neighbors and residents and vote8 down this application because it's all about the money.9 CHAIRMAN BAGOFF: Go right ahead.10 State your name for the record, please.11 THE PUBLIC: Sarah Ofarrell,12 O-F-A-R-R-E-L-L, 27 Westview Road, Verona. And I also13 am going to read something for another resident, Jean14 Stoloff at -- I heard Mr. Bagoff, you said that I had15 one time to speak and I could read for someone else.16 MS. McGOVERN: No, no. That was confusing.17 When we -- when the person who testified last time18 testified it sounded as if it was a joint statement.19 Not he was reading on behalf of somebody

else.16 MS. McGOVERN: No, no. That was confusing.17 When we -- when the person who testified last time18 testified it sounded as if it was a joint statement.19 Not he was reading on behalf of somebody else. So you20 want to incorporate their opinions into yours --21 THE PUBLIC: I can just read it then.22 MS. McGOVERN: -- and just make it your23 own --24 THE PUBLIC: Okay. Thank you.25 87 MS. McGOVERN: You can do that.1 Do you swear or affirm to tell the truth the2 whole truth and nothing but the truth.3 THE PUBLIC: Yes.4 MS. McGOVERN: Thank you.5 CHAIRMAN BAGOFF: Thank you. Go ahead.6 THE PUBLIC: Good evening. I respectfully7 but firmly ask the Planning Board to deny approval of8 the proposed West Essex Highlands development. If this9 project moves forward it will lock-in decades of serious10 safety and public health risks for West Orange and for11 the neighboring communities of Verona, Essex Fells,12 Roseland and South Orange. This is not a routine13 development site, it is a steep bedrock slope. A14 drinking water source and an area surrounded by15 established neighborhoods with limited access and16 multiple environmental constraints. Given these unique17 conditions the project presents several critical hazards18 that make it unsuitable for approval.19 First, water quality. This site sits at the20 headwaters of the Canoe Brook which supplies drinking21 water to several towns. Disturbing the slope will22 increase erosion, sediment runoff and pollutant flow,23 all of which will degrade water quality and raise24 treatment for thousands of people downstream.25 88 Removing trees further eliminates the1 natural filtration that currently protects this water2 supply.3 On top of this, the plan uses porous4 pavement directly in a sensitive headwater zone.5 According to the NJDEP and NJ Department of6 Transportation, porous pavement can clog and fail, and7 when it does it sends oils, metals and deicing chemicals8 straight into groundwater. Experts have repeatedly9 warned that porous pavement should not be used near10 wetlands, headwaters, or drinking water sources. Yet11 the plan relies on it here.12 Second, fire safety. There are two major13 fire safety issues. The first is inadequate exit access14 through Oval Road. The April 2025 fire demonstrated15 exactly how dangerous this was when road were shutdown16 and residents had no reliable way out. All though

. The first is inadequate exit access14 through Oval Road. The April 2025 fire demonstrated15 exactly how dangerous this was when road were shutdown16 and residents had no reliable way out. All though the17 developer proposes an emergency access road to Howell18 Drive, Howell is narrow, has steep blind and curves and19 becomes treacherous in snow or freezing rain. An20 evacuation utilizing this route with cars and21 pedestrians without access to a vehicles trying to22 escape simultaneously would place residents in sever23 danger.24 The second issue, is the lack of emergency25