May 6, 2026 Planning Board Regular Meeting - WEHI Transcript

5 of 18 sheets Page 17 to 20 of 38 06/04/2026 06:19:47 AM 17 shotguns leveled at people and tell them they're not1 crossing because they don't want people to leave, but I2 feel confident that something would be worked out. That3 people would be able to leave in an emergency. But the4 street hierarchy section of RSIS, the way I read it,5 isn't concerned in that particular section with6 emergency access, it's concerned about every day ingress7 and egress and with only one road in and out, which is8 what we accepted at -- what we really have here, because9 all roads lead to Oval via Warner. There's not10 sufficient RSIS every day ingress-egress for the average11 daily traffic. That's really where my concern is, that12 the RSIS isn't being met there.13 VICE CHAIRMAN GUARINO: Thank you, Mr.14 Alper.15 CHAIRMAN BAGOFF: Ms. Kapferer.16 MS. KAPFERER: Yeah, can I add that, I think17 that, you know, I've shared some of the environmental18 concerns that have been discussed over the last 1819 months. You know, and tonight. In particular concerns20 about, you know, flooding and the sanitary sewer21 capacity. You know, we do have an obligation to meet22 our affordable housing obligation. We do -- we are23 going to need to welcome others to our community. Our24 community is definitely going to look different than it25 18 does now and that's a really hard thing for some or all1 of us to understand or to grasp. We are going to have2 to look at the infrastructure improvements that will3 need to happen so that we can accommodate the extra4 units. But, yeah, like I said, I am concerned about the5 lingering -- there's some lingering questions, I think,6 regarding those environmental concerns and additionally7 the ingress and egress. That's really my hang-up with8 all of it. I just -- I have a really hard time getting9 over or just thinking about, to Lee's point, you know,10 even when there's like a, you know, infrastructure11 improvement or a downed power line, you know, when that12 scenario was discussed during the hearing what I heard13 from the applicants expert was that residents would just14 have to simply wait until it's cleared and I read -- and15 that's, that's what I read in the notes, or in the16 transcript and that's what I understood. And it's, I17 don't know, I just think about how that would impact18 daily life. It feels not acceptable to me.19 And I think -- I do

in the notes, or in the16 transcript and that's what I understood. And it's, I17 don't know, I just think about how that would impact18 daily life. It feels not acceptable to me.19 And I think -- I do have larger concerns too20 about the circulation element of our Master Plan, that21 maybe we've talked about at some points but about, you22 know, complete streets. You know, there is, there's23 definitely efforts in the plan itself to accommodate24 pedestrians and cyclists, but it's kind of confined to25 19 the Highlands itself, and, you know, how are people1 supposed to, you know, if you wanted to walk to an2 actual destination, like Pleasantdale, a business, how3 would you do it. It's tough running or walking on Oval4 Road. I do it frequently, there's not as much traffic5 now. I don't, frankly don't think it's safe. So I'm6 thinking about public health and safety. I do have7 significant, real lingering concerns that have not yet8 been addressed.9 CHAIRMAN BAGOFF: Thank you.10 You're up.11 VICE CHAIRMAN GUARINO: I just want to add,12 I want to thank my colleagues, Ms. Kapferer, Mr. Klein.13 Yes, walkability, and that's what we've done14 in complete streets. We've looked at that. We made15 West Orange a more walkable community and as this16 development is constructed and goes forward we can add,17 we can approve upon what we've done in other18 developments throughout the township. We've done that19 as we've shown at the new Target shopping center. We've20 shown that how we've done it on Prospect, we've shown21 it, how it can be done. And I agree with you Lori, I do22 agree with you, there are concerns, we do have concerns,23 but the thing is, we put it into the application and we24 have a developer who has to meet those obligations and25 20 if they can't, and particularly with environmental1 issues, particularly with sewage, if they can't make2 that mandate and meet the specifications then the3 project doesn't go forward. But now we'll never know4 unless we try to let it go forward and work with them as5 we've done with other developers. And like I said, you6 and I are on the Pedestrian Safety Board. You've been a7 tremendous asset to that board, as Mr. Klein has, and8 Ken has put in his input as a school board member.9 That's where I'm coming from. So whatever I said, I10 don't disagree with you. It shows the heart and sole11 that we all put into this. Every

, and8 Ken has put in his input as a school board member.9 That's where I'm coming from. So whatever I said, I10 don't disagree with you. It shows the heart and sole11 that we all put into this. Every member of this Board.12 We care about this township, as I care about this13 township, but when it comes to doing this, to many other14 things have been thrown to this application that have15 nothing to do with it. It needs to be addressed and be16 given it's rightful way before the Planning Board and17 before the township. So, like I said, I totally respect18 everybody's put the time and effort. The residents I19 respect, I know most of you, okay, and I respect20 everything you've said. And I respect both the21 applicant and the plaintiff tremendously. Your effort.22 So now I'd to put in, I would like to make a23 motion that we approve the application with the24 stipulation -- what?25

06/04/2026 06:19:47 AM Page 21 to 24 of 38 6 of 18 sheets 21 MAYOR McCARTNEY: I'm sorry. I thought we1 were going to listen to the conditions.2 CHAIRMAN BAGOFF: Well, no. You have to3 have a motion first, then we'll go to the -- go ahead.4 Keep going.5 VICE CHAIRMAN GAURINO: I'd like to make a6 motion to the Board to approve the application with the7 addition of the conditions that must be met for this8 project to move forward and then it to be properly9 monitored and such. So that is my motion, Mr. Chairman.10 CHAIRMAN BAGOFF: Do I have a second on the11 motion? Do I have a second on the motion? There's a12 motion to approve the application, do I have a second on13 the motion?14 MR. KLEIN: I'll second the motion.15 CHAIRMAN BAGOFF: Mr. Klein seconds the16 motion. Okay.17 Ms. McGovern, would you read the conditions18 we have.19 MS. McGOVERN: We have our standard20 conditions, which Applicant shall comply with all21 applicable township, county, state and federal laws,22 ordinances, regulations and directives, including23 without limitation obtaining all applicable local,24 state, and federal approvals or permits. If another25 22 governmental entity or agency grants a waiver or1 variance affecting the plans and or exhibits submitted2 by the applicant this approval or the conditions3 attached to it, then the applicant shall reapply to this4 Board respecting the same and this Board shall have the5 right to review that issue as it relates to this6 approval and these conditions and modify and amend same,7 if appropriate.8 Number 2. In the event that any other9 required regulatory approval conflicts with the terms10 and conditions hereof, or materially alters the same or11 the terms and conditions hereof are materially altered12 by any change in applicable law or regulation, other13 than those municipal regulations for which change is14 prohibited by the Municipal Land Use Law, MLUL, or in15 the event applicant or it's successor or assigns,16 construct or attempt to construct any approvement in17 conflict with or in violation of the terms of this18 approval the Board hereby reserves the right to19 withdraw, amend or supplant the instant approval.20 Number 3. All construction use and21 development of the property shall be in conformance with22 the plans approved herein. All representations of the23 applicant and it's witnesses during the public hearing,24 all

construction use and21 development of the property shall be in conformance with22 the plans approved herein. All representations of the23 applicant and it's witnesses during the public hearing,24 all exhibits introduced by the Applicant and all terms25 23 and conditions of this resolution.1 Number 4. The Applicant shall pay all2 outstanding application fees and technical review fees,3 board attorneys fees for preparation of the resolution,4 as well as any inspection fees that may be required5 hereunder.6 The Applicant shall pay any additional fees7 or escrow deposits which may be due and owing within 308 days of the notification or this approval shall be9 deemed withdrawn.10 Number 5. All notes including in the11 approved plan, including notes required by this12 resolution, shall be deemed conditions of approval13 having the same force and effect as conditions expressly14 set forth in this resolution.15 Number 6. Applicant agrees to abide to all16 of the suggestions and directives set forth in the CME17 reports by John Hess, dated June 26, 2024 and July 29,18 2024. And if there are subsequent dates which I think19 there are later on, those are also included.20 Applicant must clean up garbage in the21 wooded area before deer fencing is installed.22 Applicant agrees to additional landscaping23 in the form of spruce, evergreens in the locations of24 the southern edge of the project.25 24 Applicant must supply a blasting plan and1 survey and pre-blasting survey that includes a plan for2 vibration and dust.3 Applicant shall also submit a post-blasting4 plan, I think is coming up later on.5 Applicant shall apply all geotechnical6 studies to the township -- shall supply all geotechnical7 studies to the township engineers.8 The units designated as affordable housing9 shall be constructed so as to be indistinguishable on10 the outside from the market rate apartments and have the11 same appliances or materially similar if there are other12 supply chain problems as are installed in the market13 rate apartments. This condition applies in the future14 for any necessary replacement appliances that may be15 needed in the future.16 An AED will be available in each building of17 the complex and will be located in the amenity section18 of the building.19 The site will be serviced by private trash20 and recycling haulers.21 Applicant shall install bicycle racks near22 the

of17 the complex and will be located in the amenity section18 of the building.19 The site will be serviced by private trash20 and recycling haulers.21 Applicant shall install bicycle racks near22 the clubhouse.23 The dog park and kennel amenity will be for24 residents of the project site only. Only residents of25

7 of 18 sheets Page 25 to 28 of 38 06/04/2026 06:19:47 AM 25 the project may utilize the kennel dog park amenity.1 Applicant will install solar panel2 directional signs.3 Each floor of every building must have a4 fire safe room.5 The proposed model apartment shown on the6 plans and the clubhouse building may not be used as a7 permanent tenant occupied apartment and must remain8 unoccupied.9 There shall be no four bedroom units10 permitted, including that no den may be converted into a11 bedroom.12 All plants located in the area and on the13 trellis proposed as foundation covers, the living green14 wall for the parking areas, shall be live plants. No15 artificial plants are permitted. The live plants must16 be maintained in perpetuity.17 Applicant will shield from view the roof18 deck and any balconies facing Howell Drive with live19 greenery, potted live plants or the like to be20 maintained in perpetuity.21 Applicant must comply with the22 recommendations and directives set forth in the CME23 letter from Kevin B. Chen, PE, dated July 28, 2024.24 Applicant shall install a sign at the25 26 parking garages that warns drivers to go slow and to1 watch for pedestrians.2 Applicant must install audible signals at3 each garage to alert pedestrians and other drivers of4 exiting vehicles.5 Applicant must incorporate crosswalks, stop6 signs and stop bars at the upper level exit of Building7 D and Building C, and stop bars at all garage entrances8 that are adjacent to sidewalks.9 Applicant shall construct a sidewalk/walkway10 from Building D to the clubhouse. White stripes shall11 be added on each side of the paver crosswalks.12 Fire, police and ambulance shall be provided13 with emergency access via Knox Box.14 The deer fence must be evaluated each year15 by the management company and repaired as per those16 findings.17 Applicant agrees to perform GPS18 documentation mapping of select specimen trees and/or19 areas with LOD in accordance with the recommendations20 set forth in the report by Wayne DeFeo, dated October21 16, 2024, specifically Page 3 of that report.22 Applicant agrees to install plant selection23 pollinator garden recommendations as set forth in report24 by Wayne DeFeo, dated October 16, 2024. Again, Page 325 27 of that report.1 Applicant agrees to be bound by the design2 terms for the proposed deer fence and will meet all3 specifications of the New

4 by Wayne DeFeo, dated October 16, 2024. Again, Page 325 27 of that report.1 Applicant agrees to be bound by the design2 terms for the proposed deer fence and will meet all3 specifications of the New Jersey Department of4 Agriculture for deer fencing.5 Applicant shall install and maintain plastic6 sleeves or other deer protection methods to project the7 plants on-site that are outside the deer fenced area.8 Applicant will work with Wayne DeFeo or a9 forester as to the type of number of trees and plants10 that will be planted. The planted trees shall be11 approved by either the forester or Wayne DeFeo.12 Applicant will install speed reduction13 features, traffic calming such as raised crosswalks and14 will work with the township engineer for those measures.15 Applicant will do a GIF overview to16 determine what trees can be preserved in the development17 area.18 Applicant shall submit to the building19 department certificates of insurance for all contractors20 and subcontractors.21 Applicant shall conduct a post-blasting22 survey.23 No sanitary sewer pipe may be located in any24 area of stormwater infiltration.25 28 Applicant agrees to work with the municipal1 engineer as to the connection of the proposed sewer to2 the municipal system, and applicant will install3 alternatives such as off peak plumbing or other4 reasonable alternatives as suggested by the township5 engineer. All alternatives must be maintained in6 perpetuity.7 Every five years or when the township8 engineer deems necessary, applicant must have the9 stormwater and sewer system evaluated with those10 evaluations supplied in a report to the township11 engineer.12 Applicant must plan to maintain -- oh, I13 already said that one.14 Applicant will follow all of the15 recommendations set forth in the August 15, 2025 CME16 memo pertaining to soil testing and infiltration.17 Applicant must satisfy all the conditions18 set forth in the report of Samuel A. Kleinberg, dated19 October 28, 2025. 11 conditions on Pages 19 through 20.20 Should any Native American artifacts been21 uncovered during any phase of construction of the22 project, those artifacts must be preserved and reported23 to the New Jersey Commission on Indian Affairs with a24 copy of that notice to the Planning Department.25

06/04/2026 06:19:47 AM Page 29 to 32 of 38 8 of 18 sheets 29 Applicant will supply two jitney buses to1 run during the weekday hours to Cody Center Bus Station2 and to the train station with Jitney stops designated3 throughout the complex. Hours for the Jitney shall be4 set to run at peak rush hour times.5 Applicant must secure all necessary6 approvals for the installation of a traffic signal at7 Oval Road and Eagle Rock Avenue and pay for installation8 of that traffic signal.9 The Applicant is to maintain a website as to10 reports submitted to the township and building11 department, to work with Applicant and request progress12 reports quarterly per requested.13 Applicant must keep Oval Road, Howell Drive14 access and at Grand must be kept clear of snow.15 And finally, all conditions of all outside16 agency approvals must be obtained before any clearing17 may occur.18 CHAIRMAN BAGOFF: And these will appear on19 the site plan.20 MS. McGOVERN: And the last thing is, the21 applicant shall list all conditions of approval on the22 final site plan submission prior to the submission of23 the building permit.24 CHAIRMAN BAGOFF: Any members of the Board25 30 have any questions, additions, deletions or comments?1 Seeing none.2 Jamilet, will you tell the public and the3 board who will vote.4 MS. VITE: Okay. So the people voting5 tonight for this application -- so the people voting6 tonight for this application will be Mr. Alper, Mr.7 Klein, Mr. Cardoza, Ms. Kapferer, Council President8 Scarpa, Mayor McCartney, Mr. Gaurino and Chairman9 Bagoff. So in total, eight people.10 CHAIRMAN BAGOFF: So members of the Board, a11 yes vote means that the Applicant has fulfilled the12 requirements for the IH-1 zone and conditions thereto13 and pertaining -- I'm sorry, Mayor McCartney. Okay.14 And pertaining, will serve the public good.15 A no vote means that in your estimation the Applicants16 experts and our experts have not overcome any issues you17 have, there's still some open issues that are material18 that can't be addressed during the building process and19 the application would fail.20 So Jamilet.21 MAYOR McCARTNEY: But Chairman, we do take a22 vote --23 CHAIRMAN BAGOFF: I'm sorry. Mayor24 McCartney.25 31 MAYOR McCARTNEY: Jamilet just said that1 there are eight people voting, should there be a tie --2 MS. McGOVERN: If there's a tie then it3 fails.4 MAYOR McCARTNEY: Oh,

'm sorry. Mayor24 McCartney.25 31 MAYOR McCARTNEY: Jamilet just said that1 there are eight people voting, should there be a tie --2 MS. McGOVERN: If there's a tie then it3 fails.4 MAYOR McCARTNEY: Oh, okay.5 CHAIRMAN BAGOFF: Yes, tie fails.6 MS. McGOVERN: You need a majority to7 prevail.8 MR. KLEIN: What fails?9 MS. McGOVERN: The application. The vote on10 the motion --11 CHAIRMAN BAGOFF: Fails.12 MS. McGOVERN: -- to approve the site plan.13 If it ends in a tie it fails.14 MR. KLEIN: Basically, no.15 CHAIRMAN BAGOFF: Right.16 MS. McGOVERN: It's like a no.17 CHAIRMAN BAGOFF: And then the applicant has18 options --19 MAYOR McCARTNEY: Let's explain that too.20 CHAIRMAN BAGOFF: Well, if we get there21 we'll discuss other issues. Okay.22 Jamilet, on the motion.23 MS. VITE: Mr. Alper.24 MR. ALPER: No.25 32 MS. VITE: Mr. Klein.1 MR. KLEIN: Yes.2 MS. VITE: Mr. Cardoza.3 MR. CARDOZA: No.4 MS. VITE: Ms. Kapferer.5 MS. KAPFERER: No.6 MS. VITE: Council Person Scarpa.7 COUNCIL PERSON SCARPA: No.8 MS. VITE: Mayor McCartney.9 MAYOR McCARTNEY: Yes.10 MS. VITE: Vice Chairman Guarino.11 VICE CHAIRMAN GUARINO: Yes.12 MS. VITE: Chairman Bagoff.13 CHAIRMAN BAGOFF: Yes.14 There's four to four. The application15 fails.16 Ladies and gentlemen -- ladies and17 gentlemen, the board is composed of nine members, one of18 the members is not here. It is the applicants right to19 ask the board for a motion to reconsider at a future20 date. At a future date. The applicant may decide not21 to do that. That is the applicants right.22 MR. AFRAN: With respect.23 CHAIRMAN BAGOFF: Wait a second. Hang in24 there, we're not done.25