February 25, 2026 Planning Board Special Meeting - WEHI Transcript

03/20/2026 06:14:03 AM Page 29 to 32 of 154 8 of 68 sheets 29 case. It also is 85 slides, but we're only using a few.1 Some of them are larger because some of the resolutions2 are attached to the 89 pages.3 All right. This is just the front page and4 let me get to my summary.5 Now, I want to start with this excerpt from6 one of the leading Mount Laurel decisions, actually the7 leading decision.8 Now, a lot of people have an understanding9 that affordable housing means other things go down the10 drain. They get dropped off our radar screen. They11 don't. This decision from South Burlington County NAACP12 v. Mount Laurel, 92N.J.158(1983) makes the following13 statement. And this is the Supreme Court of New Jersey.14 "We reassure all concerned that Mount Laurel is not15 designed to sweep away all land use restrictions or16 leave our open spaces and natural resources prey to17 speculators. Municipalities consisting largely of18 conservation, agricultural, or environmentally sensitive19 areas will not be required to grow because of Mount20 Laurel." And here's the final line that's of great21 significance as well. "No forests or small towns need22 be paved over and covered with high-rise apartments as a23 result of today's decision." No forests need be paved24 over and covered with high-rise apartments as a result25 30 of todays decision. This is the governing law of the1 state and it remains the governing law of the state.2 And anyone who says that inclusionary housing or3 affordable housing comes at the expense of the4 environment, is wrong. Quite frankly, council should5 never had made this deal it made. It made it, it's6 there. It need never pass this ordinance because a7 proper understanding of Mount Laurel would have told the8 town that no speculator can force it to destroy a forest9 to build affordable housing. This decision could not be10 clearer. It is the governing law of the state. And the11 notion of destroying this forest or large parts of it12 and degrading the rest that's left, is absolutely13 antithetical and contrary to Mount Laurel Doctrine. I14 don't know why council didn't know about this when it15 made this deal, I wasn't involved, but this deal need16 never have been made. And you have no obligation to17 approve this site plan simply to create affordable18 housing. Not if it comes at the expense of the other19 aspects of your

, but this deal need16 never have been made. And you have no obligation to17 approve this site plan simply to create affordable18 housing. Not if it comes at the expense of the other19 aspects of your jurisdiction.20 Now, we know that among the purposes of the21 Municipal Land Use Law are protection of the22 environment, Section 40:55D-2. Two -- well, multiple23 provisions, J in particular, states, "Among the purposes24 are to promote the conservation of historic sites and25 31 districts, open space, energy resources and valuable1 natural resources in the state and to prevent urban2 sprawl and degradation of the environment through3 improper use of land." To prevent urban sprawl and4 degradation of the environment through proper use of the5 land. Nothing more carefully and closely matches that6 band than this project, and we'll talk about that next.7 And the remainder of the Municipal Land Use Law contains8 similar provisions governing the nature of how projects9 can be approved.10 If you're still reading I'll leave it up,11 But may I proceed? We can go back to it.12 That's the site. The plot. The gray area in the13 center obviously is the plot we're dealing with. That's14 the 120 acres. I hope I do this correctly. I don't15 normally use these.16 Over here, you don't see it on this map, but17 that's part of the forest. Over here there's additional18 forest and there's some strips of it here and you'll see19 that on the later exhibits. That's why Dr. DeVito came20 up with about 140 acres for the total forest. The21 square or rectangle rather, represents only about 120.22 So the actual lot that this will be built on is 12023 acres. The actual total forest is about 140. We will24 see the exact figures shortly. And you can see just on25 32 this tax map it's surrounded by a completely developed1 area. So if we move further, that is what you're used2 to seeing. And this is the general -- this is one of3 the various engineering drawings, I think, that's the4 overall site plan.5 Now, we see Building D here obviously, and we see6 wetland here. I'd like you to bear in mind where the7 wetlands are because this is going to become important.8 To the right of the project, to the western side is a9 wetland, in the center there's a wetland and to the left10 is a wetland. To the far left, you see this line here,11 that's one of the deer fences that Mr. DeFeo proposes.12 And

the western side is a9 wetland, in the center there's a wetland and to the left10 is a wetland. To the far left, you see this line here,11 that's one of the deer fences that Mr. DeFeo proposes.12 And the other deer fence is here, around that area.13 If Mr. Fagan can pull it back a little. Thank14 you.15 You can see here the deer fence area on the16 western side. The deer fence proposed on the eastern17 side. All the rest of it, besides the wetlands and18 buffers, will be developed areas of disturbance.19 Now, bear that in mind. Bear in mind where the20 wetlands are in relation to where proposed buildings21 are. And of course you see Building D here, and the22 entire area behind it is impermeable, so to speak, from23 rescue vehicles.24 Now, there's going to be an emergency access25