February 25, 2026 Planning Board Special Meeting - WEHI Transcript

31 of 68 sheets Page 121 to 124 of 154 03/20/2026 06:14:03 AM 121 sewer pump station which is colored in orange just to1 the south of the road leading to Building D. All of the2 on-site sewer lines consist of solid lines, occasionally3 broken up by a letter S designation for sewer. They're4 all over the map. Lines lead from the building to the S5 lines, which you can trace all the way to the pump6 station. You can see these lines by zooming in on7 SP-18, which is the overall utility plan, or by looking8 at any of the other sheets, SP-19 to SP-24, which show9 blown up portions for the smaller sections of the site.10 The blown up portions of the pump station is located on11 Utility Plan E, which is SP-23 of the site plan. From12 the pump station heading to the southeast, you'll see it13 right on the plan, is a line with the designation FM14 through the hash line. Out of the pump station is a15 force main, which will travel through a sanitary sewer16 easement to a manhole in Bakley Terrace to the south of17 the site. This connects the on-site sewer18 infrastructure to the West Orange sanitary sewer system,19 which will transport the sewage from Bakley Terrace into20 the system. Any alligation that there is no sewer plan21 is simply disingenuous. Not supported by the site plan.22 It's standard that all third-party approvals, including23 sewer, are applied for and obtained as a condition of24 approval.25 122 So, what needs to be done for sewer. The1 ultimate requirement is that the applicant will be2 required to submit a Treatment Works Approval. A TWA3 application to the DEP. Something that is customarily4 done post Planning Board resolution as a condition of5 approval. The TWA process is not something handled by6 the Planning Board, but it's done administratively by7 working with the township engineers, and applications8 made to the DEP after site plan approval is obtained.9 In this case the township and the settlement agreement10 has agreed to cooperate with my client in connection11 with obtaining all required third-party approvals as set12 forth in Section 2.2 of the agreement. Also the town13 specifically agreed to cooperate with my client in14 connection with providing all utilities, including15 sewer, water, electric, and gas. That's in Section 2.316 of the settlement agreement. So the township must see17 to it that any and all required improvements to

th providing all utilities, including15 sewer, water, electric, and gas. That's in Section 2.316 of the settlement agreement. So the township must see17 to it that any and all required improvements to the18 off-site public sewer systems are performed. This is19 consistent with the requirement of the affordable20 housing regulations that municipalities shall cooperate21 with developers expeditiously by endorsing applications22 to other governmental agencies that require review and23 approval of that agency. That's NJAC 5:97-10.3c.24 Now, this board could normally require an25 123 applicant to pay it's pro rata share for any required1 off-tract improvements under the Land Use Law. However,2 pursuant to the settlement agreement the township agreed3 that the only off-tract improvement that the developer4 would be responsible for is the traffic light at the5 intersection of Eagle Rock and Oval Road. So that's6 specifically carved out in the settlement agreement.7 The bottom line is that the plan fully shows8 how on-site sewage will be conveyed to the township9 sewer system. Fortunately a connection to the sewer10 system exists adjacent to the site in the Bakley Terrace11 manhole. My client will continue to work in good faith12 with the town in seeing to it that the township engineer13 will sign off on the TWA application, that is a14 customary condition of approval and should be one here.15 This was confirmed by the boards engineer on July 30,16 2025 on Pages 75 to 78 of the transcript.17 He also surmised that the plans contained18 adequate water and sewer design.19 Now, Mr. Afran brought up the Field v.20 Franklin Township case. It presented a very different21 situation, Mr. Afran didn't tell you the facts of the22 case, but I'm going to go there. There the Appellate23 Division needed to determine whether the Planning Board24 record was sufficient to determine whether, "The25 124 physical design of the various proposed sanitary1 facility is adequate or feasible." The applicant in2 that case and, you know, sometimes, Ms. McGovern may3 know, sometimes Appellate Divisions don't do, panels4 don't do a great job of giving all the facts, they tend5 to rely on some, they ignore others. But in that case,6 it can be gleaned from that case, and please take a look7 at it, the applicant actually had suggested three8 potential options for sewers. One was a connection to

hey ignore others. But in that case,6 it can be gleaned from that case, and please take a look7 at it, the applicant actually had suggested three8 potential options for sewers. One was a connection to a9 neighboring town, South Brunswick's sanitary sewer10 system. The other was having an on-site package plant11 and the third was a spray irrigation system. However,12 the applicant in Field they didn't even have an13 agreement with the neighboring township and they14 conceded they hadn't even commenced negotiations with15 that township, which obviously had no independent16 obligation to provide service. The applicant also17 didn't provide enough information on the record18 regarding the other two options. That is not the case19 here. We plainly show the on-site sewer infrastructure20 and how we connect to the town sewer system. As an21 aside, and I believe he was mentioned by Mr. Afran, the22 objector called a witness, William Green, an engineer23 from Mr. Litwornia's office, to testify on July 30,24 2025. He claimed to have reviewed the plans and25