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

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

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