March 4, 2026, Planning Board Regular Meeting - WEHI Transcript

'm happy to10 do that. Otherwise, I can just go through the list of11 conditions, kind of at a fast pace perhaps now and then12 in more detail, if need be, later on. All right. I'm13 going to skip the standard ones that you all see in14 every single resolution and go to, applicant agreed to15 abide by all the suggestions and directives of the CME16 reports by John Hess dated June 26 and July 29, 2024.17 Applicant must clean up garbage in the18 wooded are before deer fencing is installed.19 Applicant agrees to add additional20 landscaping in the form of spruce evergreens in the21 location of the southern edge of the property.22 Applicant must apply a blasting plan that23 includes a plan for vibration and dust.24 Applicant shall supply all geotechnical25

5 of 54 sheets Page 17 to 20 of 136 03/11/2026 06:15:33 AM 17 studies to the township engineers.1 11. The units designated as affordable2 housing shall be constructed so as to be3 indistinguishable on the outside from the market rate4 apartments and have the same appliances or materially5 similar. If there are supply chain problems as are6 installed in the market rate apartments, this condition7 applies in the future for any necessary replacement8 appliances that may be needed in the future.9 12. An AED will be available in each10 building of the complex and shall be located in the11 amenity section of the building.12 13. The site will be serviced by a private13 trash and recyclable haulers.14 14. Applicant shall install bicycle racks15 near the clubhouse.16 15. The dog park and kennel amenity will be17 for residents of the project site only. Only residents18 of the project may utilize the kennel/dog park amenity.19 16. Applicant will install solar panel20 directional signs.21 17. Each floor of every building must have22 a fire safe room.23 18. The proposed model apartment shown on24 the plans in the clubhouse building may not be used as a25 18 permanent tenant occupied apartment and must remain1 unoccupied.2 19. There shall be no four bedroom units3 permitted, including that no den may be converted into a4 bedroom.5 20. All plants located in the area and on6 the trellises proposed as foundation covers, the living7 green wall. For the parking area shall be live plants,8 no artificial plants shall be permitted. The live9 plants must be maintained in perpetuity.10 21. Applicant will shield from view the11 roof deck and any balconies facing Howell Drive with12 live greenery, potted live plants to be maintained in13 perpetuity.14 22. Applicant must comply with the15 recommendations and directives set forth in the CME16 letter from Kevin E. Chen, PE PTOE dated July 28, 2024.17 23. Applicant shall install a sign at the18 parking garages that warns drivers to go slow and to19 watch for pedestrians.20 24. I have a notation, I don't know what21 the board wants to do with this, it was a question mark,22 parking spaces shall be assigned to tenants. Visitor23 spaces labeled. You'll have to circle back to that if24 we need to.25 19 25. Applicants must install audible signals1 at each garage to alert pedestrians and other drivers of2 exiting vehicles.3 26. Applicant must

d. You'll have to circle back to that if24 we need to.25 19 25. Applicants must install audible signals1 at each garage to alert pedestrians and other drivers of2 exiting vehicles.3 26. Applicant must incorporate crosswalks,4 stop signs and stop bars at the upper level exit of5 Building D and Building C and stop bars at both garage6 entrances that are adjacent to sidewalks.7 27. Applicant shall construct the8 sidewalk/walkway from Building D to the clubhouse.9 28. White stripes shall be added on each10 side of the paver crosswalks.11 29. Fire, police and ambulance shall be12 provided emergency access via Knox Box.13 30. Deer fencing must be evaluated each14 year by the management company and repaired as per those15 findings.16 31. Applicant agrees to perform GPS17 documentation mapping of select specimen trees and/or18 areas within the LOD in accordance with the report19 recommendation set forth in the report by Wayne DeFeo20 dated October 16, 2024. That would be Page 3 of that21 report.22 32. Applicant agrees to install the plant23 selection and quality recommendations set forth in the24 report by Wayne DeFeo dated October 16, 2024. Again,25 20 Page 3 of that report.1 33. Applicant agrees to be bound by the2 design terms for the proposed deer fencing with all3 specifications of the New Jersey Department of4 Agriculture for deer fencing.5 34. Applicant shall install and maintain6 the plastic sleeve or other deer protection methods to7 protect plants on the site that are outside of the deer8 fenced area.9 35. Applicant will work with Wayne DeFeo or10 our forester -- Wayne DeFeo or his designee or the11 forester as to the type and number of trees and plants12 that would be planted. The planted trees shall be13 approved by either forester or Wayne DeFeo or his14 designee.15 36. Applicant will install speed reduction16 features, traffic calming such as raised crosswalks,17 will work with the township engineer for those measures.18 37. Applicant will do a study via GIF19 overview to determine what trees can be preserved in the20 development area.21 38. All right. This came up in terms of,22 there was a question as to whether some type of a fund23 can be set aside for escrow regarding if there was any24 damage caused by blasting. It was my suggestion that25

03/11/2026 06:15:33 AM Page 21 to 24 of 136 6 of 54 sheets 21 applicant shall submit to the building department1 certificates of insurance for all contractors and2 subcontractors. This would be instead of an escrow3 which would be impossible to implement regarding damages4 to third-parties.5 39. Applicant shall conduct a post blasting6 survey.7 40. No sanitary sewer pipe maybe located in8 any areas of stormwater infiltration.9 41. Applicant agrees to work with the10 municipal engineer as to connection of the proposed11 sewer to the municipal system. Applicant will install12 alternatives such as off peak pumping or other13 reasonable alternatives as suggested by the township14 engineer. All such alternatives must be maintained in15 perpetuity.16 42. Every five years or when the township17 engineer deems necessary applicant must have the18 stormwater and sewer system evaluated, and those19 evaluations supplied in the report to the township20 engineer.21 43. Applicant must plan to maintain large22 spruce and evergreens on the southern the edge of the23 property.24 44. Kuzak Road shall be open for25 22 pedestrians and bicyclists if restricted to vehicles for1 emergency use only. Again, that condition only come2 into play depending on what the boards decision is as to3 Kuzak Road.4 45. Applicant will follow all the5 recommendations set forth in the August 15, 2025 CME6 memo pertaining to soil testing and infiltration.7 46. Applicant must satisfy all the8 conditions set forth in the report of Samuel A.9 Kleinberg dated October 28, 2025. There are 1110 conditions on Pages 19 through 20.11 47. Should any Native American Artifacts be12 uncovered during any phase of construction of the13 project, those artifacts must be preserved and reported14 to the New Jersey Commission on Indian Affairs with a15 copy of that notice to the Planning Department. This is16 a condition suggested to me by a couple of the board17 members.18 Again, it's all for review at the end if we19 get to that point.20 48. Applicant will supply two jitney buses21 to run during weekday hours to the Cody Center bust22 station and to the train station with jitney stops23 designated throughout the complex. Hours for the jitney24 shall be set to run at peak hour times.25 23 49. Applicant must secure all necessary1 approvals for the installation of the traffic signal at2 Oval Road and Eagle Rock Avenue and

ours for the jitney24 shall be set to run at peak hour times.25 23 49. Applicant must secure all necessary1 approvals for the installation of the traffic signal at2 Oval Road and Eagle Rock Avenue and pay for the3 installation of that traffic signal.4 And --5 CHAIRMAN BAGOFF: Yes.6 MS. McGOVERN: Okay. No improvement -- all7 right.8 And then the standard conditions, that's why9 I started -- there are five or six standard conditions,10 so when I started numbering them that's why if you11 missed some, that's why we're missing some.12 And the last condition is always, that all13 the conditions must be added to the final site plan14 permission prior to the submission of the building15 permit.16 CHAIRMAN BAGOFF: Mr. Klein.17 MR. KLEIN: Can you go back to the one about18 the blasting.19 MS. McGOVERN: Yeah.20 MR. KLEIN: You said post blasting21 inspection. Don't we need a pre as well?22 MS. McGOVERN: Yeah, that's what you said.23 MR. KLEIN: Just pre or.24 MS. McGOVERN: Pre and post.25 24 MR. KLEIN: Pre and post. You only said1 post though right. Okay.2 MS. McGOVERN: I had a, I thought I had --3 that was a different number in a different location.4 MR. KLEIN: Oh, wait, that wasn't the other?5 MR. CARDOZA: You said blasting plan before6 that.7 MR. KLEIN: Put them all together then.8 MS. McGOVERN: I'll put them together. I'll9 make sure blasting is one category together.10 MR. KLEIN: Right. You got to do the pre11 inspection before.12 MS. McGOVERN: Right. Pre and -- do you13 remember what number I gave it?14 MR. CARDOZA: It was the fourth one you15 stated and then --16 MR. KLEIN: Probably in the upper 30s.17 MS. McGOVERN: Okay. I did applicant shall18 -- that's 39, applicant shall include a post blasting19 survey and then let me see. 9, okay. Applicant must20 supply a blasting plan and survey.21 MR. KLEIN: You got to do -- you have to go22 to the peoples houses and see who has cracks in their23 foundations.24 MS. McGOVERN: Before.25

7 of 54 sheets Page 25 to 28 of 136 03/11/2026 06:15:33 AM 25 MR. KLEIN: Before.1 MS. McGOVERN: Like you got to do it at the2 end, post.3 MS. McGOVERN: Okay. So I'm going to have4 it the condition read, if we get there, applicant must5 supply a blasting plan and pre blasting survey.6 MR. KLEIN: Right. And they compare it to7 the post and --8 MS. McGOVERN: Right.9 And then we have the post blasting plan.10 MAYOR McCARTNEY: So Chairman, wasn't -- was11 that one of the 11 conditions from Mr. Kleinberg?12 MS. McGOVERN: It may have been.13 MR. KLEIN: Oh, it's in there. Oh, okay.14 CHAIRMAN BAGOFF: It is a condition but we15 sort of put everything together in one master condition16 list.17 MS. McGOVERN: You all are so adept at this,18 and been doing this for a while, that you came up with,19 --20 MAYOR McCARTNEY: We've never done this.21 MS. McGOVERN: Well, no, no, no, you all are22 knowledgeable and have had other experiences with this,23 and put it in, and then it was summarized all over again24 in Mr. Kleinberg's report, so it's in there twice. So25 26 it's like belts and suspenders.1 MR. ALPER: Even the one about evergreens on2 the south end of the --3 MS. McGOVERN: I think that's in there4 twice, yes. That's in there twice.5 CHAIRMAN BAGOFF: So before we -- I think to6 get going, we should look at the de minimus exceptions7 first and start there as a board. I think those are the8 easiest things, where there was testimony and take those9 off the table. Let's see if we can get through those10 and the we can go to the C variances then we'll go11 around the board and everyone can have their say and12 we'll talk about it. Does that make sense?13 MR. KLEIN: Sure. And it's the three14 things, foundation exposure, the sidewalk --15 CHAIRMAN BAGOFF: Well, there's two de16 minimus exceptions and one C. So the sidewalk is a de17 minimus exception and the --18 MR. KLEIN: Foundation exposure.19 MAYOR McCARTNEY: Foundation exposure.20 CHAIRMAN BAGOFF: Foundation. Kuzak Drive21 opening and that we have testimony from Mr. MacNeill22 that if Kuzak Drive is closed it becomes a cul-de-sac,23 the other area becomes a cul-de-sac, which is a24 deviation from the RSIS. So does anybody have a25 27 disagreement with that? Any questions or comments about1 --2 MR. KLEIN: Well, wait. We have to decide3 whether --4 CHAIRMAN BAGOFF: Right. I'm asking --5 MR. KLEIN: We're going leave them

have a25 27 disagreement with that? Any questions or comments about1 --2 MR. KLEIN: Well, wait. We have to decide3 whether --4 CHAIRMAN BAGOFF: Right. I'm asking --5 MR. KLEIN: We're going leave them open or6 make them closed.7 CHAIRMAN BAGOFF: Correct. So if you leave8 them closed it's a cul-de-sac, which is a deviation from9 the RSIS.10 Mr. Alper.11 MR. ALPER: I mean I know the term is a de12 minimus exception, but it would be 2.7 times what's13 allowed. It would be 2700 average daily trips as14 opposed to a 1000, that's de maximus.15 MR. KLEIN: Right. It's not de minimus,16 yeah, you're right.17 CHAIRMAN BAGOFF: Mayor McCartney, you have18 a question?19 Mr. Klein.20 MAYOR McCARTNEY: I'm not saying no, I'm21 saying I have to think.22 CHAIRMAN BAGOFF: We're just focusing on23 Kuzak Drive and the walkway at the moment.24 MAYOR McCARTNEY: No, I don't have a25 28 question.1 MR. KLEIN: So, all right. So we're2 supposed to close Kuzak as, am I allowed to say the S3 word, settlement, am I allowed to say that?4 CHAIRMAN BAGOFF: No, no, no. It's an5 option. We can open it or close it.6 MR. KLEIN: It's always been an option or7 it's supposed to be closed except in an emergency.8 MS. McGOVERN: It's always been an option.9 What was written in the settlement agreement was that10 the applicant had to do its best job, it had to support11 it being closed.12 MR. KLEIN: Closed. Okay.13 MS. McGOVERN: But in the event that the14 board didn't want it --15 MR. KLEIN: Oh, all right.16 CHAIRMAN BAGOFF: -- then that the --17 CHAIRMAN BAGOFF: And based on the testimony18 of Mr. MacNeill he guided us that if we trust that19 testimony that it is a, becomes a cul-de-sac and that is20 not consistent with the RSIS.21 MR. KLEIN: Right.22 MAYOR McCARTNEY: But we can grant that?23 CHAIRMAN BAGOFF: Mr. Alper.24 MR. ALPER: I think I'll have more on this25

03/11/2026 06:15:33 AM Page 29 to 32 of 136 8 of 54 sheets 29 later, but I mean, Kuzak is a block and a half long and1 it meets Warner a block and half outside the site. I2 think it's a legal fiction then it's a separate road to3 begin with. I think it's a cul-de-sac regardless of4 what we do. But getting -- closing Kuzak I think really5 would be a problem.6 MR. CARDOZA: Agreed.7 CHAIRMAN BAGOFF: Ms. Kapferer.8 MS. KAPFERER: Agreed.9 CHAIRMAN BAGOFF: Mr. Cardoza.10 MR. CARDOZA: I second that.11 CHAIRMAN BAGOFF: Okay.12 Council Person Council President Scarpa.13 COUNCILWOMAN SCARPA: Yeah, I would agree14 with that.15 CHAIRMAN BAGOFF: Okay.16 Mr. Vice Chair.17 VICE CHAIRMAN GUARINO: I do too.18 CHAIRMAN BAGOFF: Okay. So the condition19 would be leave Kuzak Drive open for traffic, bicycles20 and pedestrians.21 Okay. The second thing is one sided walkway22 as opposed to two. Again, there's still a walkway in23 that area.24 MR. KLEIN: Sidewalk.25 30 CHAIRMAN BAGOFF: Sidewalk. Okay. Does1 anybody have any problems with that as a de minimus2 exception?3 Ms. Kapferer.4 MS. KAPFERER: No.5 CHAIRMAN BAGOFF: Okay. Good.6 Mr. Alper.7 MR. ALPER: No.8 CHAIRMAN BAGOFF: Mr. Cardoza.9 MR. CARDOZA: I recall speaking at length10 about that at the time. I'm fine with that.11 CHAIRMAN BAGOFF: Council President Scarpa.12 COUNCIL WOMAN SCARPA: I'm okay with that.13 CHAIRMAN BAGOFF: Okay.14 MAYOR McCARTNEY: Right, but it's already15 existing that way.16 CHAIRMAN BAGOFF: Yes.17 MR. KLEIN: Sidewalk to nowhere.18 CHAIRMAN BAGOFF: Correct.19 So the third thing is a C variance.20 So the C variance occurs because the21 topography of the land that was brought out in the22 application testimony that normally this would be below23 grade but in this area it becomes part of the garage and24 is visible and it is considered foundation. The25 31 applicant has said that they will "green" it with1 plantings. So does anybody have a --2 MAYOR McCARTNEY: That makes somewhat sense3 to me. You know, when we heard that because it would4 alleviate the excavation or any necessary blasting, so I5 just thought that would be better and camouflage it with6 landscaping.7 CHAIRMAN BAGOFF: In perpetuity.8 MAYOR McCARTNEY: In perpetuity.9 CHAIRMAN BAGOFF: Okay. Anybody have an10 issues with that?11 Council President, Mr. Cardoza, Mr. Alper.12 Okay.13 So we recommend to grant the C variance for14 that. Oh, that was

TNEY: In perpetuity.9 CHAIRMAN BAGOFF: Okay. Anybody have an10 issues with that?11 Council President, Mr. Cardoza, Mr. Alper.12 Okay.13 So we recommend to grant the C variance for14 that. Oh, that was easy. I feel good already.15 MR. KLEIN: It's good to check the easy16 stuff off.17 CHAIRMAN BAGOFF: Okay.18 So now we'll get into the meat of the19 application.20 MAYOR McCARTNEY: Questions.21 CHAIRMAN BAGOFF: Yeah. So I'm going to22 around the board and you have your say about everything23 that Ms. McGovern spoke about or other things that have24 come up along the way that you'd like to share with the25 32 board.1 Okay. Mayor McCartney.2 MAYOR McCARTNEY: Sure. So I'm grappling3 with this two things. One, just a better clarification4 what we heard about, we keep hearing about a steep slope5 and we do -- we saw in so many exhibits that there is a6 ridge line and there's a difference between a ridge line7 and the slope. So I would like a clarification on that8 ridge line before you get to the slope. That's one.9 CHAIRMAN BAGOFF: Okay. Mr. MacNeill, can10 you opine on that.11 MR. MacNEILL: Yeah, so it does help to12 review the grading plan so you can review the13 topography. I don't know if that's possible to put on14 the screen, Joe. So it's really the site plan.15 MS. McGOVERN: Can you point on the agenda16 to the document, maybe that will help Joe find it.17 MR. MacNEILL: So Joe, it's on the -- near18 the bottom of the third page. It's 12 items up on the19 bottom of Page 3 on the agenda. Sheet 11.20 Joe, if you could zoom in Sheet 11. And21 then Joe, if you could just zoom in on Building D, the22 right side.23 So you could see essentially -- all right.24 So you see Building D here, right. And then that is the25

9 of 54 sheets Page 33 to 36 of 136 03/11/2026 06:15:33 AM 33 dashed line, it follows up and down.1 MR. KLEIN: That's the ridge?2 MR. MacNEILL: That is the ridge. So the3 ridge is really just your high point, your change in4 grade. So you could see that the top of the ridge and5 it slopes off to the east here, it slopes off to the6 west. So I think there is testimony on there that the7 closest point it gets to seven feet from that ridge. In8 this corner it does, that corner as well. And then, so9 really the testimony from Sam Kleinberg of my office, he10 was saying there is a separation where you do have a11 flatter area on the ridge before you're hitting the two12 to one or in some cases one to one slope. So --13 MAYOR McCARTNEY: That's my question.14 MR. MacNEILL: Okay.15 MAYOR MacNEILL: What is that distance?16 MR. MacNEILL: So this distance, I believe,17 I don't want to say off the top of my head, I don't have18 that in front of me, but there was testimony provided on19 the exact distance from here to there. What I can do,20 if there's any other questions, I can scale that off21 real quick as well, just on what I have here.22 MAYOR McCARTNEY: Yeah, I would like to23 know.24 MR. MacNEILL: I'll do that on the side. If25 34 there's any other questions that the board may have.1 MAYOR McCARTNEY: My other question -- can I2 keep going. All right. My other question was,3 clarification was on the sanitary sewer capacity for the4 township.5 MR. MacNEILL: Okay.6 MAYOR McCARTNEY: The question, do we7 satisfy that?8 MR. MacNEILL: Yeah, so sewer capacity,9 obviously is an issue in the township, right. There's10 -- the real problem that the township is experiencing is11 there is not an overall study that outlines, here's the12 current capacity of the system. Here is what is being13 sent to the system. What the applicant has agreed to is14 upsizing piping in the municipal system to meet their15 capacity plus the additional or the existing development16 up to a certain extent, which is kind of outlined in17 our, there is a sewer review letter dated December 8,18 2025 from my office to the township engineer, which does19 outline some comments and some additional analysis that20 under the sewer review with the township will have to be21 completed by the applicant before the township engineer,22 I don't want to speak for her, but before she will sign23 off on the TWA