Objector WeCare Response dated May 4 2026 to Letter of Bryan D Plocker Esq

necessary approvals. In effect, Mr. Plocker’s client is dismissive of the Board’s concerns and refuses to address them, claiming they have (or will) be addressed elsewhere or are beyond what he insists is the Board’s constricted jurisdiction. Finally, a word is in order about the applicant’s repeated claims that this Board may not take any action except to approve the site plan, a claim the applicant makes because the plan is a part of the municipal affordable housing program. This is manifestly untrue. This Board retains its full discretion and judgment in reviewing this site plan despite any settlement by the municipality and regardless of any affordable housing element. No decision of our courts diminishes the authority and judgment of the planning board in protecting the public health and safety simply because a proposal contains inclusionary housing. This Board must still meet its full statutory duty to protect the public health, safety and welfare and is not bound to approve this plan by the IH-1 ordinance or the municipality’s settlement agreement. CONCLUSION Based on the applicant’s almost willful failure to address the compelling issues and concerns raised, not only by the Board, but by the vast number of citizens, groups and neighboring governmental bodies, the Board should deny the application. Respectfully submitted, Bruce I. Afran, Counsel for Objector Via Email To: dmcgovern@gpmlegal.com jvite@westorange.org 9