May 6, 2026 Planning Board Regular Meeting - WEHI Transcript

1 of 18 sheets Page 1 to 4 of 38 06/04/2026 06:19:47 AM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 TOWNSHIP OF WEST ORANGE DEPARTMENT OF PLANNING AND DEVELOPMENT WEDNESDAY, MAY 6, 2026 6:30 P.M. RE; PB-24-01 WEST ESSEX HIGHLANDS, INC. BOARD MEMBERS: ROBERT BAGOFF, Chairman JERRY GUARINO, Vice Chairman SUSAN McCARTNEY, Mayor LEE KLEIN FRANK NOBERINE CHRISTOPHER MORGAN, Sr. KEN ALPER JOHN CARDOZA LORI KAPFERER SUSAN SCARPA, Councilwoman RYAN MacNEILL, Engineer JAMILET BAQUERIZO VITE, Board Secretary GENIECE GARY-ADAMS, Zoning Official JOHN FAGAN FISHMAN COURT REPORTING AGENCY 89 HEADQUARTERS PLAZA NORTH 4 SPEEDWELL AVENUE, SUITE 1440 MORRISTOWN, NEW JERSEY 07960 (973) 285-5331 - FAX - (732) 605-9391 2 A P P E A R A N C E S :1 2 H U T T , S H I M A N O W I T Z & P L O C K E R , E S Q S . B Y B R Y A N D . P L O C K E R , E S Q .3 B p l o c k e r @ h u t t s h i m . c o m 4 5 9 A M B O Y A V E N U E4 W O O D B R I D G E , N E W J E R S E Y 0 7 0 9 5 A p p e a r i n g o n b e h a l f o f t h e A p p l i c a n t5 6 G A C C I O N E & P O M A C O , E S Q S . B Y D I A N A P . M c G O V E R N , E S Q .7 O N E B O L A N D D R I V E , S U I T E 1 0 2 W E S T O R A N G E , N E W J E R S E Y 0 7 0 5 28 A p p e a r i n g o n b e h a l f o f t h e B o a r d 9 B R U C E I . A F R A N , E S Q .10 1 0 B R A E B R U N D R I V E P R I N C E T O N , N E W J E R S E Y 0 8 5 4 011 A p p e a r i n g o n b e h a l f o f t h e O b j e c t o r , W e C a r e N J C o r p .12 13 14 15 16 17 18 19 20 21 22 23 24 25 3 I N D E X1 W I T N E S S D I R E C T C R O S S R E D I R E C T R E C R O S S2 3 I N D E X O F E X H I B I T S 4 E X H I B I T D E S C R I P T I O N P A G E 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 C H A I R M A N B A G O F F : P B - 2 4 - 0 1 W e s t E s s e x1 H i g h l a n d s , I n c . , B l o c k 1 7 9 , L o t 3 2 Z o n e I H - 1 .2 T h e p u b l i c h e a r i n g p o r t i o n o f t h i s a p p l i c a t i o n i s3 c l o s e d . T h e r e w i l l b e n o f u r t h e r t e s t i m o n y t a k e n .4 W e h a v e a p a c k e d r o o m a n d i t ' s a v e r y i m p o r t a n t5 t o p i c b e f o r e u s . I a s k t h a t e v e r y o n e h e r e r e m a i n6 r e s p e c t f u l , r e f r a i n f r o m s h o u t i n g , c l a p p i n g a n d a l l o w7 t h e b o a r d t o c o n d u c t i t s b u s i n e s s w i t h c i v i l i t y a

e h e r e r e m a i n6 r e s p e c t f u l , r e f r a i n f r o m s h o u t i n g , c l a p p i n g a n d a l l o w7 t h e b o a r d t o c o n d u c t i t s b u s i n e s s w i t h c i v i l i t y a n d8 r e s p e c t f o r a l l p a r t i e s .9 T o n i g h t i s t h e B o a r d ' s d e l i b e r a t i o n o f t h e f i n a l10 v o t e o n l y f o r p r e l i m i n a r y a n d f i n a l s i t e p l a n a p p r o v a l11 f o r P B - 2 4 - 0 1 , W e s t E s s e x H i g h l a n d s , B l o c k 1 7 9 , L o t 3 2 ,12 Z o n e I H - 1 , W a r n e r R o a d .13 T h e a p p l i c a n t i s p r o p o s i n g t o d e v e l o p a 4 9 6 - u n i t14 i n c l u s i o n a r y m u l t i f a m i l y r e s i d e n t i a l d e v e l o p m e n t o n a15 1 2 0 a c r e p r o p e r t y i n t h e n o r t h w e s t c o r n e r o f t h e16 t o w n s h i p .17 B e f o r e w e b e g i n , I w a n t t o a c k n o w l e d g e t h e18 e x t e n s i v e a p p r o x i m a t e l y 3 0 h e a r i n g p r o c e s s w e h a v e19 c o m p l e t e d . T h e B o a r d h a s h e a r d h o u r s o f t e s t i m o n y ,20 r e c e i v e d d o z e n s o f d o c u m e n t s c o n s i s t i n g o f h u n d r e d s o f21 p a g e s o f i n f o r m a t i o n a n d l i s t e n e d t o e x p e r t s o n b o t h22 s i d e s o f t h e a p p l i c a t i o n a n d o u r n e u t r a l b o a r d e x p e r t s23 t o b o t h s u p p o r t , p r o v i d e s t r o n g s u p p o r t a n d s i g n i f i c a n t24 c o n c e r n s f r o m o u r c o m m u n i t y a n d o u r n e i g h b o r i n g25

06/04/2026 06:19:47 AM Page 5 to 8 of 38 2 of 18 sheets 5 communities.1 The objectors, through their attorney Mr.2 Afran, have brought numerous issues to light that the3 Planning Board has evaluated, the applicant has heard4 and conditions were recorded.5 At one of our previous meetings the Planning6 Board -- I'm sorry. At one of our previous -- hold it.7 Lost it again. I tell you, I'm trying. At one of our8 previous meetings the Planning Board attorney, Ms.9 McGovern, has enumerated the conditions to be resolved10 by the applicant if the application moves forward11 At our last meeting the Board dispensed with12 the questions of two de minimus exceptions and one C13 variance14 I want to take this opportunity to thank the15 applicants attorney, Mr. Bryan Plocker, and the16 objectors attorney, Mr. Afran, for the time they have17 spent guiding us through the myriad of issues brought to18 light to bring us to this moment19 I want to thank the public whose energized20 interest in participating in the public process.21 It is the goal of tonight's meeting that the22 Board discuss and decide if application PB 24-01 West23 Essex Highlands, Inc., and it's conditions, de minimus24 exceptions and C variance enumerated fulfill the25 6 requirements of the IH-1 zone. Has the applicant met1 the burden of proof required in this application. This2 is the same method that we have used in the past or use3 in the future for every application that comes before4 us. We are not a legislative body, the Township Council5 has, through it's legislative power, created the IH-16 zone.7 With that, I open the floor to the board8 members to discuss the application. At any time during9 our deliberation a motion may be introduced and once10 seconded on the motion we will progress to a vote.11 So we'll start with the board members. Does12 anybody have any questions, discussion, things that you13 still have open in your minds?14 I will go around the board.15 THE PUBLIC: Mr. Chairman, can I ask a16 procedural question, please?17 CHAIRMAN BAGOFF: One moment.18 THE PUBLIC: Procedural19 CHAIRMAN BAGOFF: Okay. Come up to the mic.20 THE PUBLIC: Real quick. Pardon my21 interruption, but just a procedural question. If22 correspondence was submitted to the board attorney but23 not entered into the record, should the board consider24 whether to reopen or supplement the record before voting25 7 and

edural question. If22 correspondence was submitted to the board attorney but23 not entered into the record, should the board consider24 whether to reopen or supplement the record before voting25 7 and discussion?1 CHAIRMAN BAGOFF: Who sent this letter to2 the board attorney?3 THE PUBLIC: This letter was sent to the4 board attorney on March 23rd from James Bannon on behalf5 of the Township of Verona and Planning Board to Ms.6 Diana McGovern on March 23, 2026 regarding the emergency7 road access and access to the site.8 CHAIRMAN BAGOFF: Great. The application --9 the information to add to the board's information, the10 application was closed. No, will not be introduced.11 Thank you.12 THE PUBLIC: Okay.13 But other correspondence has been14 introduced, so I think it's relevant.15 CHAIRMAN BAGOFF: Thank you.16 THE PUBLIC: And it was not shared.17 CHAIRMAN BAGOFF: No. Thank you.18 Okay. So we'll start with Ms. Kapferer, do19 you have any questions, thoughts on the application?20 Deliberations.21 Go right ahead.22 MS. KAPFERER: Should we have somebody else23 first.24 CHAIRMAN BAGOFF: Okay.25 8 Mr. Klein.1 MR. KLEIN: No, I think you start with,2 like, Mr. Alper because that's --3 CHAIRMAN BAGOFF: Okay.4 Mr. Alper.5 MR. ALPER: You know, stop me if you've6 heard this before.7 So, you know, I don't think much has changed8 for me. I had a few issues last time, I think five.9 Some were at least partially resolved for me by10 responses by Mr. MacNeill. Others, including sewer11 capacity and the potential water tower, maybe less, but12 my major focus last time was traffic circulation and13 safety. My belief remains that the RSIS street14 hierarchy section is about usable access points to roads15 and the answers as to whether we have a multifamily16 cul-de-sac or a minor collector road depends entirely on17 how usable those access points are for the vehicles18 making up the average daily traffic on those roads.19 Emergency vehicle access for life safety is a separate20 issue outside of the street hierarchy which aims at21 regular traffic and the average daily trips. You know,22 as was established, Howell is definitely not an access23 point under RSIS. There was testimony on that. And24 that residents would be impeded until it was cleared if25

3 of 18 sheets Page 9 to 12 of 38 06/04/2026 06:19:47 AM 9 there was a long emergency.1 Kuzik, a block and a half long, connects to2 Warner, a block and a half outside that site, and that3 goes back to Oval. Kuzik's not a separate access point,4 it's a stub to Warner, they're the same road. And I5 thought the Litwornia report was credible on all this as6 well.7 Ingress and egress to this specific proposed8 development is a required element under RSIS as well as9 under our more general charge of public safety and I10 don't believe we have sufficient ingress and egress for11 here without a true second road. So that's where I was12 and am.13 CHAIRMAN BAGOFF: Thank you.14 Mr. Cardoza.15 MR. CARDOZA: I don't know that I have much16 to add to what Mr. Alper has said and as you've noted in17 your opening we've wrestled with this issue for quite18 some time. I'm happy to proceed to a vote, so long as19 we've -- we're sure that we recapped what needs to be20 recapped with the public and, yeah. We had two months21 to mull this over, proceedings, you know, following what22 was pretty much deliberation session last time. So with23 that, I'd like to see us come to some sort of closure,24 at least this section of this matter.25 10 CHAIRMAN BAGOFF: Thank you.1 Mr. Morgan.2 MS. McGOVERN: Mr. Morgan is not voting.3 CHAIRMAN BAGOFF: I'm sorry. Gotcha. Thank4 you.5 Mr. Klein.6 MR. KLEIN: I'm going to say that I had7 similar concerns about emergency access, then I thought8 about what it was like during Hurricane Sandy when I9 live on a street which I have three ways to get out and10 all three were blocked with trees and it was three or11 four days until all the trees were removed so I could12 get out of there.13 I also think about times when I've been on14 the Garden State Parkway when traffic has been stopped15 and I'm not near an exit so I turn off my engine and16 just sit there and wait until an emergency has been17 cleared. But I think we have -- there is a way to get18 out through Essex Fells if there is some sort of an19 emergency and if somebody needed to get through. I20 think they could work something out with the local21 police, be able to get that person to get through there.22 And then we're going to have Howell as well. So, yeah,23 I'm not so much concerned with that.24 I think the other issues, as Mr. Alper25 11 brought up, soils and the blasting and whatever's

h there.22 And then we're going to have Howell as well. So, yeah,23 I'm not so much concerned with that.24 I think the other issues, as Mr. Alper25 11 brought up, soils and the blasting and whatever's going1 to be done, a lot of that there are additional steps2 that need to be fulfilled by the applicant to get3 permits for things like that. So I think I have an4 answer in my mind. Thank you.5 CHAIRMAN BAGOFF: Okay.6 Mayor McCartney.7 MAYOR McCARTNEY: Chairman, I have to say8 that you actually took me by surprise at the last9 meeting when you asked for the applicant to look for10 another means of egress, that did take me by surprise11 because we hadn't discussed that and I don't see that12 that's not happening, but I do see when we talked about13 emergency access there are really three points of14 emergency access. Yeah. Okay.15 That there are three points of emergency16 access, one is Oval Road that has been in existence the17 whole time, Howell Drive, and there's also a way through18 Bakley Drive as well, so I was okay with the emergency19 access.20 Going through the list of all of those21 conditions, and I don't know if you're going to22 reiterate them, I still have a question on the sanitary23 sewer lines. I would really like Mr. MacNeill to weigh24 in. This -- my question is about the capacity in the25 12 town and who really is responsible for any off-site1 improvements. Because this is a major application, it2 is a major impact to our sanitary sewer system and I3 would need assurances that I do -- I made notes. That4 was really a big question that I still had after we5 listed all of the conditions.6 MS. McGOVERN: Okay. I have to just say7 that you can't consider off-site improvement as part of8 this application. You can only consider what's on the9 actual site. So your purview is the project not10 off-site.11 MAYOR McCARTNEY: So how do we address that?12 MS. McGOVERN: You don't. The town has to13 address it. If it gets approved and something off-site14 needs to be taken care of then it's the town. It's15 everything on-site that needs to get done by this16 applicant.17 MAYOR McCARTNEY: However, in the settlement18 agreement on Page 12 it does say --19 CHAIRMAN BAGOFF: Wait a minute, we're not20 going to the agreement.21 MAYOR McCARTNEY: No. Okay.22 MR. MacNEILL: To add to that. So this23 sanitary sewer needs to be reviewed by the township24 Engineering

RMAN BAGOFF: Wait a minute, we're not20 going to the agreement.21 MAYOR McCARTNEY: No. Okay.22 MR. MacNEILL: To add to that. So this23 sanitary sewer needs to be reviewed by the township24 Engineering Department, my office before signing any TWA25

06/04/2026 06:19:47 AM Page 13 to 16 of 38 4 of 18 sheets 13 permit to send it really up to DEP. So there --1 MAYOR McCARTNEY: For the public concern,2 TWA, please explain what that is?3 MR. MacNEILL: Treatment Works Approval. So4 you -- really any application would need that when5 you're extending a sewer main and that's a DEP permit.6 So currently the applicant did submit for the township7 to review, my office, as well as the township engineer8 are reviewing that and we will be, if this is granted an9 approval, it would become a condition of approval and if10 the applicant cannot obtain that approval from the11 township, and after that DEP, then they wouldn't address12 that condition of approval and then could potentially13 have to come back to the Board for an amended approval14 or a separate conversation with the Board.15 MAYOR McCARTNEY: Okay.16 MR. MacNEILL: So, again, if they receive17 the sewer approval they cannot proceed with18 construction, and as I indicated earlier, it would not19 be my recommendation to allow any tree clearing until20 all outside agency permits are obtained, to avoid any21 issues.22 MAYOR McCARTNEY: Was that a condition? I23 don't think that was listed in the application.24 MS. McGOVERN: We'll make sure it's in25 14 there. All --1 MAYOR McCARTNEY: Okay. All -- Mr.2 MacNeill, please say that again. All --3 MR. MacNEILL: So all conditions,4 specifically outside agency approvals, need to be5 achieved before any clearing occurs on site.6 MAYOR McCARTNEY: Thank you.7 CHAIRMAN BAGOFF: Okay.8 MAYOR McCARTNEY: Thank you.9 CHAIRMAN BAGOFF: Council President Scarpa.10 COUNCIL PRESIDENT SCARPA: Yeah, I think11 really what I have to say is the primary responsibility12 of government is to keep its citizens safe, and the13 emergency access is something that I have not been able14 to wrap my head around. The ingress and the egress is,15 it remains a concern for me. And since I take that16 responsibility very serious as an elected official, that17 primary responsibility of our government is to keep our18 citizens safe is of grave concern.19 CHAIRMAN BAGOFF: Vice Chairman Guarino.20 VICE CHAIRMAN GUARINO: Thank you, Mr.21 Chairman.22 Looking at the complex complicity of the23 application, looking at the agreements and the24 conditions that have been set forth, looking at the25 15 conditions that have been set forth, my concerns public1 safety,

e complex complicity of the23 application, looking at the agreements and the24 conditions that have been set forth, looking at the25 15 conditions that have been set forth, my concerns public1 safety, traffic flow, you know, sewage, I mean, we2 discussed the fact if sewage has to be reviewed and it3 can't be met, can't be corrected, well, then the project4 doesn't go forward. I mean, those are the things that5 you have to understand. So there are withstanding6 situations of agencies that have to approve this, not7 only the West Orange Planning Board but other outside8 agencies. So you look at it, you say, have they met --9 has the applicant met and agreed to certain conditions.10 Yes, they have. If not then we have to say so. As the11 plaintiff have said, what they've come forward and12 proved to us, you know, and you look at everything. You13 worry about egress. You worry about, you know,14 emergency access. You worry about traffic flows and15 public safety. But you have to understand yourself and16 then when things are brought to us about saying, well,17 affordable housing, and I have to bring that up because18 this application is not about affordable housing. This19 application is about a development. Affordable housing20 is another part of government that's requested it to be21 part, but the applicant is not coming here as an22 application for affordable housing. But throughout this23 whole presentation, the 30 plus meetings, it always24 comes out and it seems to be that there's a leniency25 16 towards affordable housing and negativity because of the1 affordable concept. But I believe that things have been2 addressed and things are conditions and the conditions3 that are, Ms. McGovern has made note that will be4 attached to this application, that going forward that we5 should look at the application and say, these are the6 conditions and if the applicant can't meet any of the7 conditions, particularly, you know, sanitary sewer,8 things like that, those are the things that have to be9 brought in. But at this time I feel that the Board10 should look at the application and this Board -- this11 application should be approved with the conditions12 applied throughout the testimony and that's what I have13 to say, Mr. Chairman.14 CHAIRMAN BAGOFF: Are you making a motion?15 VICE CHAIRMAN GUARINO: I'm making a motion.16 MR. ALPER: I just want to clarify one

hroughout the testimony and that's what I have13 to say, Mr. Chairman.14 CHAIRMAN BAGOFF: Are you making a motion?15 VICE CHAIRMAN GUARINO: I'm making a motion.16 MR. ALPER: I just want to clarify one last17 thing.18 CHAIRMAN BAGOFF: Mr. Alper.19 MR. ALPER: I just want to clarify where I20 am on ingress-egress, because while I have some concerns21 about emergency vehicles coming in I think that the22 Howell access area will work for that. And in a true23 emergency situation for egress, you know, it's possible24 the Essex Fells police cold set up on the border with25