May 6, 2026 Planning Board Regular Meeting - WEHI Transcript

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