February 25, 2026 Planning Board Special Meeting - WEHI Transcript

23 of 68 sheets Page 89 to 92 of 154 03/20/2026 06:14:03 AM 89 some yelling and figurative pounding through the pleas1 of passion fueled by a desire of many whose goal it is2 to not see a single thing built on this property. Look,3 and the public should be commended. You have a very4 engaged citizenry, which you're all a part of. They're5 your neighbors and that doesn't go unnoticed or not6 appreciated. However, just as it's your job at the end7 of the day to weigh the credibility of witnesses8 testimony, it's your job to weigh the credibility of the9 statements and testimony of the public, and Mr. Afran,10 in light of the facts and the law, are the comments11 supported by the record. While the public should12 certainly be recognized for their passion and13 commitment, such zeal and enthusiasm have no bearing on14 this boards duty to evaluate the applicants proposed15 development.16 To the contrary standing before you this17 evening, I'm proud to state that I will not be pounding,18 I will not be yelling, because both the law and the19 facts unequivocally mandate the approval of this20 application. Except for one bulk variance the21 application fully complies with the standards set forth22 in the IH-1 zoning ordinance. An ordinance adopted more23 than five years ago by the council which was fully aware24 of the characteristics of this property and the proposed25 90 development, including its physical features that up to1 30 acres would be disturbed, while the remaining 902 acres would be forever preserved. The permitted density3 allowing 496 units, the area of disturbance. The fact4 that the property contains a forest, the slopes, the5 access via Eagle Rock Avenue, Oval Road and Warner Road.6 The proposed road connecting Kuzak Drive to the7 development. The emergency access easement that would8 be permitted through two single family lots on Howell9 Drive. Knowing that a traffic signal would be required10 at the intersection of Eagle Rock and Oval, and that my11 client had agreed to install that traffic signal. All12 of these things were known when the town zoned the13 property. The township was no stranger to this14 property. It was the culmination of a four year15 mediation process, during which it was advised by a team16 of professionals. The township engineer, consulting17 site and traffic engineers. The township planner. An18 affordable housing planner

ear15 mediation process, during which it was advised by a team16 of professionals. The township engineer, consulting17 site and traffic engineers. The township planner. An18 affordable housing planner and legal counsel. By19 adopting the ordinance it did, which does include many20 exemptions from the typical zoning and environmental21 code requirements, it did so because it felt that the22 long negotiated development could be built in a safe,23 appropriate manner that did not have a detrimental24 effect on the public welfare, even in the absence of the25 91 applicability of those regulations.1 The township voluntarily included the2 property as a significant compliance mechanism in it's3 third round affordable housing plan. The required4 Master Plan amendment was adopted by this board and the5 zoning ordinance was also endorsed by this board before6 it was adopted.7 So let's look at the governing zoning8 ordinance. I could easily stand here for a few minutes,9 go over the ordinance provisions and say, we comply10 except for the one variance we're seeking. Thank you11 very much. The board should grant the application.12 Good night. But it's apparent that the objector group13 and the public, they don't like or they have a hard time14 comprehending or accepting the zoning ordinance, and15 that's okay. And they also just don't understand why it16 provides certain relief from the towns land use code.17 While that's not relevant to these proceedings, as this18 board is not a legislative body, I think it is important19 to the Planning Board to understand the relevancy of the20 circumstances under which the ordinance was adopted and21 the time and the effort that went into its adoption. I22 can't stress enough that my client wasn't just some fly23 by developer who walked in off the street and24 willy-nilly convinced the town to rezone this property25 92 sight unseen and to exempt the site from many ordinance1 provisions that typically govern site plan applications.2 To be clear, the Affordable Housing settlement was3 resolved by litigation filed by the township, not by my4 client, not by any other developer, but which West5 Orange sought voluntary compliance with it's Third Round6 Mount Laurel obligations.7 Mr. Afran, I must correct you, this was not8 a builders remedy lawsuit. There was no gun to the9 townships head. The town had historically sought10 compliance in

hird Round6 Mount Laurel obligations.7 Mr. Afran, I must correct you, this was not8 a builders remedy lawsuit. There was no gun to the9 townships head. The town had historically sought10 compliance in the past, we all know that didn't really11 happen with the Fourth Round, but this was the towns12 only Declaratory Judgment lawsuit. But it was a13 settlement of their Third Round Declaratory Judgement14 action which led to this ordinance and the ordinance15 incorporated into the settlement agreement between West16 Orange and the applicant and as a result of that17 litigation the town received a great benefit. The court18 granted the town a Final Judgement of Compliance and19 Repose. Meaning that West Orange had complete20 protection from builders remedy lawsuits through July21 2025. In connection with that settlement, this board22 had a hearing on November 17, 2020, at which the23 townships then Affordable Housing planner, Shirley24 Bishop, presented the plan and the board unanimously25