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

03/11/2026 06:15:33 AM Page 125 to 128 of 136 32 of 54 sheets 125 beings --1 COUNCILWOMAN SCARPA: If it's not, there's2 only --3 CHAIRMAN BAGOFF: Well, if it's not, then4 the whole -- and we have to figure it out.5 COUNCILWOMAN SCARPA: That's what I don't6 like. That's a problem.7 CHAIRMAN BAGOFF: And then the applicant has8 to figure it out.9 MAYOR McCARTNEY: Yeah, I'm questioning the10 cost and the expense of that.11 CHAIRMAN BAGOFF: Guys, the applicant has to12 figure it out.13 COUNCILWOMAN SCARPA: Who's going to figure14 out the cost.15 MS. McGOVERN: The applicant pays for the16 sewer system on their property.17 COUNCILWOMAN SCARPA: Yeah, but what about18 if it's not on the property?19 MS. McGOVERN: Well, we don't pay. They20 don't -- nobody -- no applicant, nobody is required to21 pay for something off-site.22 COUNCILWOMAN SCARPA: Because we don't have23 the infrastructure.24 CHAIRMAN BAGOFF: We have asked --25 126 COUNCILWOMAN SCARPA: That's my big problem.1 CHAIRMAN BAGOFF: We asked our township2 engineer to opine on this. Okay. That's the next place3 to go.4 MS. McGOVERN: Okay. I just have to address5 one thing. Any effects that a project has off-site, for6 example, you're worried about more traffic on Eagle Rock7 Avenue because of these cars, new people coming in. More8 children going to school. These things you can't --9 this is not what the Planning Board can use for denial10 of an application, because it's part of the overall plan11 that was decided when the ordinance was put into affect.12 The law presumes that when the council put this13 ordinance together that these overriding conditions for14 the entire community were considered and approved when15 this ordinance was approved. So we are here, we, the16 Planning Board, are here to decide this site and the17 only off-site improvement, which is as per the18 settlement agreement, is that traffic light. Otherwise19 everything that we talk about is on the site and only on20 the site. That's what the law allows the us, the21 Planning Board to do.22 CHAIRMAN BAGOFF: We have to ask our23 engineer, can the sewer system there take this. If not24 what needs to be done to mitigate it. It may be okay,25 127 we don't know. We don't know, so we'll going to find1 out and that will be for Zayibeth, and our consulting2 agent. Okay.3 MR. PLOCKER: Dr. Bagoff.4 CHAIRMAN BAGOFF: Yes, sir.5 MR. PLOCKER: And with all

don't know. We don't know, so we'll going to find1 out and that will be for Zayibeth, and our consulting2 agent. Okay.3 MR. PLOCKER: Dr. Bagoff.4 CHAIRMAN BAGOFF: Yes, sir.5 MR. PLOCKER: And with all due respect, the6 settlement agreement does say the town does need to7 cooperate with us in precuring all off site utilities.8 Not the board, I meant the town.9 CHAIRMAN BAGOFF: Okay. We're doing out10 part.11 MR. PLOCKER: I'm differentiating.12 CHAIRMAN BAGOFF: Yes, I appreciate that.13 Thank you.14 Okay. So we'll work on it.15 Let's see what Ms. Carballo has to say about16 that and we'll deal with it from there. Make sense?17 Sometimes I make sense. Okay. Good.18 MR. MacNEILL: Just t provide some clarity19 --20 CHAIRMAN BAGOFF: Mr. MacNeill.21 MR. MacNEILL: So we do open have an open22 sanitary sewer review dated December 8, 2025, so it23 makes the most sense for the applicant to address that24 letter upon resubmission to the township engineer in my25 128 office. It just would make it cleaner.1 CHAIRMAN BAGOFF: Okay. Good. We'll add2 that to the list.3 MS. McGOVERN: The sewer --4 MR. MacNEILL: It's really instead of like5 it should just be addressing our December 8, 20256 letter.7 MS. McGOVERN: Okay.8 CHAIRMAN BAGOFF: Okay. Okay. So the next9 thing is --10 MR. CARDOZA: Is the December 20, but not,11 that's not discounting the sewer pipe line through12 the --13 CHAIRMAN BAGOFF: No.14 MS. McGOVERN: But that was in their report.15 What they suggested was that this be changed and they16 have to abide by the recommendations of that official17 report.18 CHAIRMAN BAGOFF: Okay.19 MR. MacNEILL: Yeah. Again, I think what20 Mr. Cardoza was indicating was the sewer odor was the21 secondary maybe issue that maybe you wanted, I think22 that was less on the applicant and more of an internal23 discussion --24 CHAIRMAN BAGOFF: That was on Howell Drive.25

33 of 54 sheets Page 129 to 132 of 136 03/11/2026 06:15:33 AM 129 MR. MacNEILL: -- on whether needed it was1 remedied or not.2 CHAIRMAN BAGOFF: Yes.3 Okay. Now, so --4 MAYOR McCARTNEY: We're voting on extending5 the two months, is that what we're voting?6 CHAIRMAN BAGOFF: I'm sorry.7 MAYOR McCARTNEY: We're voting on extending8 the two months.9 CHAIRMAN BAGOFF: No, no. We're voting to10 start out with, do people want a second means of ingress11 or egress or not. Okay. So I'm asking you, so these12 are the things we have to ask the applicant. Do you13 think it's necessary to have a second means of ingress14 and egress, as we had discussed. "Yes" or "no?"15 MAYOR McCARTNEY: I would like to see a plan16 for that, yes.17 18 CHAIRMAN BAGOFF: Okay. Mayor says, yes.19 Mr. Klein.20 MR. KLEIN: I don't think it's necessary for21 full time secondary means of ingress. I'd like to see a22 better emergency access plan.23 CHAIRMAN BAGOFF: Okay. Okay.24 MR. KLEIN: I think RSIS says they don't25 130 need that secondary means of ingress.1 CHAIRMAN BAGOFF: Because the applicant --2 the applications it is an application within an3 application.4 MR. KLEIN: Right.5 CHAIRMAN BAGOFF: And I understand. I6 understand and we have other concerns.7 MR. KLEIN: Right. So I don't -- I think8 they'll probably push back on the secondary means of9 full time ingress, but like I said, I'd like to see a10 better plan for emergencies.11 CHAIRMAN BAGOFF: Let's put that on the12 list. A better -- and improved plan for emergency13 egress.14 MR. KLEIN: Right. Police, fire department.15 MS. McGOVERN: Improved plan for fire --16 CHAIRMAN BAGOFF: Ambulance and police.17 Okay.18 MS. McGOVERN: For emergencies.19 CHAIRMAN BAGOFF: Ms. Kapferer.20 MS. KAPFERER: So what are we voting on?21 CHAIRMAN BAGOFF: Second means of ingress22 and egress.23 MS. KAPFERER: Considering public safety,24 yes, I do.25 131 CHAIRMAN BAGOFF: Ms. Kapferer is yes.1 Vice Chairman Guarino.2 VICE CHAIRMAN GUARINO: Yes, Mr. Chairman.3 CHAIRMAN BAGOFF: Vice Chairman is yes.4 Mr. Alper.5 MR. ALPER: Yes.6 CHAIRMAN BAGOFF: Mr. Alper is yes.7 Mr. Cardoza.8 MR. CARDOZA: Yes.9 CHAIRMAN BAGOFF: Mr. Cardoza is yes.10 Council President Scarpa.11 COUNCILWOMAN SCARPA: The number one is12 safety issue, yes.13 CHAIRMAN BAGOFF: Council President Scarpa14 is yes.15 And I am a yes.16 Okay. So a recommendation is to add that to17 the list of things.

COUNCILWOMAN SCARPA: The number one is12 safety issue, yes.13 CHAIRMAN BAGOFF: Council President Scarpa14 is yes.15 And I am a yes.16 Okay. So a recommendation is to add that to17 the list of things. Okay.18 So now, guys, now I'm going to ask, will the19 board agree to give the applicant two months to come20 back to us with the -- this information to a public21 meeting and we will carry this application, so there22 will be no more notice required.23 Mayor McCartney.24 MAYOR McCARTNEY: I'm going to say yes and25 132 that all of those unanswered questions.1 CHAIRMAN BAGOFF: Yes. Mayor McCartney says2 yes.3 Mr. Klein.4 MR. KLEIN: Yes.5 CHAIRMAN BAGOFF: Mr. Klein says yes.6 Ms. Kapferer.7 MS. KAPFERER: Yes.8 CHAIRMAN BAGOFF: Ms. Kapferer says yes.9 Vice Chairman Guarino.10 VICE CHAIRMAN GUARINO: Yes.11 CHAIRMAN BAGOFF: Vice Chairman Guarino says12 yes.13 CHAIRMAN BAGOFF: Mr. Alper.14 MR. ALPER: Yes.15 CHAIRMAN BAGOFF: Mr. Alper says yes.16 Mr. Cardoza.17 MR. CARDOZA: Yes.18 CHAIRMAN BAGOFF: Mr. Cardoza says yes.19 CHAIRMAN BAGOFF: Council President Scarpa.20 COUNCILWOMAN SCARPA: Yes.21 CHAIRMAN BAGOFF: Council President Scarpa22 says yes.23 And I vote yes.24 Okay. Yes. Okay. I'm sorry, Ms. McGovern.25

03/11/2026 06:15:33 AM Page 133 to 136 of 136 34 of 54 sheets 133 MS. McGOVERN: I just want to be clear then,1 this matters going to be carried to our next regular2 meeting, which is April 15, but I want the public to be3 aware that our meeting originally for our regular4 meeting was April 1, but it conflicted with Passover, so5 when we looked up the scheduling, that's why there's6 going to be a revision of our regular schedule. That's7 why our next regular meeting isn't until April 15 and8 our regular meetings, when we're not dealing with this9 application are on zoom. So we are going to be on zoom10 on April 15 at 7:30 PM. And this will just be on this11 calendar to be carried to our next regular meeting in12 May, which will also be on zoom, and then it'll be13 announced when it's actually going to be put down for in14 person meeting, whether it's at the June regular15 meeting, which will then be converted to in person, or16 if it's going to be at a special meeting in June.17 Now, I want to add one more thing. Should18 the applicant require more time in terms of we're close19 to working out a potential other exit or we need more20 time for this, but we're close and they need a month,21 another month, if they write a letter to the board Chair22 that would be publically put on the agenda, the board23 would consider that. Correct?24 CHAIRMAN BAGOFF: Absolutely.25 134 MS. McGOVERN: So that the public would know1 that as well. So they're is hopefully in two months but2 if the applicant requires more time the board will3 consider that.4 MR. AFRAN: One quick question. Could CME,5 if CME is getting documentation from the applicant could6 CME make sure to send it to me for the benefit of zoom7 -- if CME's getting any of this new documentation from8 the applicant, could CME make sure to send it to me9 because in the past we haven't always gotten it. If it10 goes to Ms. McGovern I know you'll send it to me.11 MS. McGOVERN: It'll be sent to both of us12 and I'll make sure you get it.13 MR. AFRAN: Thank you very much.14 CHAIRMAN BAGOFF: Okay. We would like to15 thank the applicant, Mr. Afran, the public, the people16 on zoom.17 (Hearing concludes at 10:00 PM.)18 19 20 21 22 23 24 25 135 C E R T I F I C A T E1 I, ERIC S. FISHMAN, a Shorthand Reporter2 and Notary Public of the State of New Jersey do hereby3 certify that the foregoing is a true and accurate4 transcript of

2 23 24 25 135 C E R T I F I C A T E1 I, ERIC S. FISHMAN, a Shorthand Reporter2 and Notary Public of the State of New Jersey do hereby3 certify that the foregoing is a true and accurate4 transcript of the testimony as taken stenographically by5 and before me at the time, place and on the date6 hereinbefore set forth, to the best of my ability.7 I DO FURTHER CERTIFY that I am neither a8 relative nor employee nor attorney nor counsel of any of9 the parties to the action; and that I am neither a10 relative nor employee of such attorney or counsel; and11 that I am not financially interested in the action.12 13 14 ---------------------15 ERIC S. FISHMAN, S.R.16 17 18 Dated:__________________19 20 21 22 23 24 25 136 SIGNATURE PAGE/ERRATA SHEET1 2 WITNESS: CASE REFERENCE:3 4 INSTRUCTIONS TO WITNESS5 After you have read your transcript, please note any errors in transcript6 on this page. Do not mark on the transcript itself. Please sign and date this sheet as indicated below. If additional lines are required for corrections, attach additional sheets.7 ---------------------------------------------------------------------------------------------- ERROR OR AMENDMENT/REASON FOR CHANGE8 ---------------------------------------------------------------------------------------------- Page Line9 ---------------------------------------------------------------------------------------------- 10 11 12 13 14 15 16 17 18 19 20 21 22 I have read my transcript and subscribed to its accuracy, to include the corrections or amendments noted above or hereto attached:23 24 ---------------------------------------------------------------------------------------------- Signature of Witness Date25

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