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

17 of 54 sheets Page 65 to 68 of 136 03/11/2026 06:15:33 AM 65 feasible solution to relocating that line without1 disturbing wetlands, it, not in my opinion that it needs2 to be seen before a decision is made. But, again, I'll3 defer to the board on how you feel on that, knowing that4 if, for whatever reason, they couldn't make it work5 they're back at the board anyway for an amended approval6 or even going to DEP for an addition approval before7 being allowed to start any construction.8 COUNCILWOMAN SCARPA: That's a very9 reasonable concern.10 MR. ALPER: Yeah. Something to think about.11 Next on water. The letter from New Jersey12 American that they they're willing to provide service13 not withstanding, I don't think we heard rebuttal on the14 objector testimony that a water tower would be necessary15 for pressure. That was Bill Green from Litwornia on16 July 30. So that's a health and welfare concern for me17 that there could be inadequate water at the site.18 MR. MacNEILL: Yeah. So --19 COUNCILWOMAN SCARPA: That's a fire safety,20 fire pressure. That helps. It's a fire safety issue as21 well.22 MR. ALPER: That too.23 MR. MacNEILL: I don't want to make any24 comments for the applicant, so I'll maybe defer on, I25 66 don't know if applicants attorney has an answer to that.1 My understanding though is New Jersey American Water2 provided the will serve without the inclusion of the3 water tower.4 CHAIRMAN BAGOFF: There are other complexes5 in the township of West Orange that are similar in grade6 that have water service, such as Clarken Drive, which is7 over 30 degrees, on a similar neighborhood that was8 totally forested. So the water pressure is a function9 of the New Jersey American Water providing service, the10 Township of West Orange fire department ensuring that11 all fire service apparatus are up to snuff and to flush12 a toilet. So that's also the building department in13 town. So those groups have to identify that the water14 is up to snuff and if it's deficient New Jersey American15 Water will identify to town and say, we can't do this,16 we'll have to have an alternative method, which maybe17 the water tower, whatever that maybe, this is way beyond18 my pay rate. So it is up to them, but they will have to19 provide service and the applicant will have to show that20 service is provided to the degree of safety on a regular21 basis. And the fire

nd18 my pay rate. So it is up to them, but they will have to19 provide service and the applicant will have to show that20 service is provided to the degree of safety on a regular21 basis. And the fire department checks. So there's22 backup in the checking incentive.23 COUNCILWOMAN SCARPA: Is that something that24 can be planned out prior?25 67 CHAIRMAN BAGOFF: We'll have talk to talk to1 the fire department and find out what their regular2 checking is.3 COUNCIL WOMAN SCARPA: I feel very4 uncomfortable with this.5 CHAIRMAN BAGOFF: Well, I understand that,6 but again, we have other complexes in town that have a7 similar topography, so I would say that this is up to8 New Jersey American Water to certify to the town and the9 fire department would have to check to make sure10 whatever their intervals are and if not we will11 condition an interval to ensure the safety. We can do12 that, it's our fire department.13 COUNCILWOMAN SCARPA: Right. I know. I get14 concerned because, you know, we all know there's a lot15 of legal loop holes in the law that don't always lead up16 to the interest of the public good and we all know that17 lobbyists in Washington write legislation --18 CHAIRMAN BAGOFF: Well, nobody's lobbying us19 and if you make a condition they're going to have to20 live by the condition because the building department21 will ensure and the fire department will ensure it would22 be a condition of their requirement to do. And they'll23 have to report back to the building department. And I'm24 sure the applicant would want to make that the water25 68 service is appropriate.1 Mr. Klein.2 MR. KLEIN: I would think that if it's not3 safe from a fire standpoint they wouldn't get a4 certificate of occupancy. Well, makes sense. If the5 sprinklers won't work because there's not enough water6 pressure, they can't give them a CO. And if they need a7 pump or some kind of a tower then they have -- I mean,8 if it's a tower they have to come back here. If it's a9 physical feature, if it's just a pump to get the10 pressure up.11 CHAIRMAN BAGOFF: They're going to do12 whatever they need to do to satisfy the requirements of13 the state because the buildings are sprinklered, so it14 has to be by code. Okay.15 Mr. Alper.16 MR. ALPER: Sewer and carrying capacity, I17 think that's been covered. I have the same concerns. I18 think there was testimony from town engineer on

ed, so it14 has to be by code. Okay.15 Mr. Alper.16 MR. ALPER: Sewer and carrying capacity, I17 think that's been covered. I have the same concerns. I18 think there was testimony from town engineer on that,19 but I think it was in affordable housing.20 MR. KLEIN: Yeah.21 MR. ALPER: I think. I don't remember, I22 think I asked about it earlier, I don't remember for23 sure, but that's a separate proceeding but I think there24 may be something there still. So I don't think it was25