May 6, 2026 Planning Board Regular Meeting - WEHI Transcript

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