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

03/11/2026 06:15:33 AM Page 101 to 104 of 136 26 of 54 sheets 101 when we do this. So everybody has the right.1 Somebody's paying taxes on this land, it's private2 property, whether an offer to purchase that land was3 made or not, there's an application before us, so we4 have to, again, follow the law. It's for superior legal5 minds to work these things out. Our job is that. Okay.6 Stormwater management, we've heard about the7 stormwater management, I believe that CME, because8 they're our independent engineers, reviewed it and they9 have made comments about the stormwater management.10 They're a licensed firm in the State of New Jersey and11 New York. I trust what they've done for us and I12 understand that the stormwater management would be13 mitigated and there are stopgaps in the system that will14 be evaluated along the way, that's set up in the15 conditioning.16 The sewer system has to be evaluated, not17 only by the applicant but by the township. If there's18 not enough capacity in the township then the application19 may not go forward. I don't know, that is beyond what20 we are here to talk about. We can condition the21 applicant to make sure that every five years they comes22 back to the town and say the sewer system has been23 evaluated and maintained.24 The water is by New Jersey American Water,25 102 they have an obligation to provide water to certain1 pressure that's set by statute. The fire department2 will, at their appropriate intervals, evaluate the fire3 suppression system, both in the buildings and because4 the buildings are sprinklered, and on the fire5 suppression apparatus in the area.6 Oval Road is the main collector road. This7 is an application within an application, and that's what8 the issue is. The -- if possible, I would like to see9 the wetlands maintained. I'm sure something can be done10 that may not cause the applicant to go back to the DE.11 The applicant on the other hand has been, I12 think, in my estimation from all the time I've sat on13 the Planning Board, they have given us everything we've14 asked for and just about every condition that was on15 their property and things even not on their property,16 they're providing a traffic light, they're mitigating17 traffic flow. They are upgrading and advancing and they18 are consistent with our Master Plan. They're consistent19 with the Master Plan of the State of New Jersey.

traffic light, they're mitigating17 traffic flow. They are upgrading and advancing and they18 are consistent with our Master Plan. They're consistent19 with the Master Plan of the State of New Jersey. They20 are maintaining over 90 plus acres of this land. Again,21 their land, last guys on the block to build on it, you22 have to remember that government is not allowed to take23 without reason. We can't apply and say, you can do24 anything but you can't build there. That's not fair and25 103 that's not what we're about. We have to come up with1 the middle ground, and make sure that our neighbors are2 happy, but they built first. We have to make sure our3 people in town are safe. So the issue that I have, I4 think this is a good application. I think my major5 issue is, I can't see, I can't get over the amount of6 cars that will be coming down Oval Road. I can't see7 it. It is, I don't know that it's a cul-de-sac, but I8 think that if you put 500 units you're going to have9 over a 1000 trips a day plus you have three other10 communities that empty out into that collector road, and11 if Howell Drive was a full road and the road into the12 opposite end of Oval Road was a road into Essex Fells,13 and I would say my thought is to ask the applicant to14 find one more roadway. That's me. You don't you have15 to agree with me, I understand that. I think that our16 experts have shown that this can be a good application.17 If we look at the first part of West Essex Highlands it18 was flatter but a similar, similar forest and they built19 a beautiful community, beautiful, thriving community.20 There's a waterway that goes through it, there's a21 retention pond, every house is owned. They're22 upgrading, they're doing exactly what our Master Plan23 says. We may not like that as a community saying we're24 going to lose some more forested land, I understand25 104 that. However, we're also adding new people in town and1 we have to look at it and say, if you control that or2 you lose control of that. Things to think about.3 I'm going to ask for five-minute break and4 we're going to come back and see where we go.5 (Whereupon, a short recess is taken.)6 CHAIRMAN BAGOFF: Thank you. Welcome back.7 So I think we've deliberated and --8 MAYOR McCARTNEY: And what are you saying?9 CHAIRMAN BAGOFF: There's three options. I10 didn't mean to distract. There's three options, and11 each

u. Welcome back.7 So I think we've deliberated and --8 MAYOR McCARTNEY: And what are you saying?9 CHAIRMAN BAGOFF: There's three options. I10 didn't mean to distract. There's three options, and11 each board member should say their peace, my peace, you12 either vote it up, you vote it down or give the13 applicant time to come back and say, we need another14 means of egress. And give them two months and come back15 and if they so no, then we're back to where we were.16 There are a number of additional conditions that we have17 discussed that are safety conditions and one is18 stormwater management and the wetlands, and it may not19 be possible to move anything to hydrate the upper20 portion of the wetlands, I understand that. But the21 thing that, again, I want to drive home is we have a22 zone plan, the IH-1 zone. This is an application within23 another area that was an application. So as Mr.24 MacNeill said, the RSIS is satisfied with the flow of25