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

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