4 15 26 WO PB Draft Minutes

1 MINUTES TOWNSHIP OF WEST ORANGE PLANNING BOARD MEETING April 15, 2026, 7:30 P.M. The Township of West Orange Planning Board held its regular meeting on April 15, 2026, at 7:30 P.M. via virtual ZOOM videoconference. Chairman Bagoff called the meeting to order at approximately 7:30 P.M. He announced that notification of the meeting was given to the Township Clerk, and posted on the Township Bulletin Board, sent to the West Orange Chronicle and the Star Ledger, and posted on the Township’s website calendar. This meeting has been properly noticed to the public in accordance with the Open Public Meetings Act. No new matters will start after 10:30 P.M. PLEDGE OF ALLEGIANCE • Chairman Bagoff requested all persons stand for the Pledge of Allegiance. ANNOUNCEMENTS ● The next Planning Board special meeting will be held on Wednesday, May 6, 2026, at 6:30 p.m. in person. ROLL CALL PRESENT: Chairman Robert Bagoff; Mr. Jerry Guarino; Mr. Ken Alper; Mr. John Cardoza; Mayor Susan McCartney; Mr. Christopher Morgan, Sr.; Councilwoman Susan Scarpa; Mr. Lee Klein; Ms. Lori Kapferer; Mr. Frank Noborine; ABSENT: Mr. William Wilkes ALSO PRESENT: Diana P. McGovern, Esq., Planning Board Attorney; Jamilet Baquerizo Vite, Planning Board Secretary Ryan MacNeill, Board Engineer Malvika Apte, Board Planner MINUTES & RESOLUTIONS 10-29-2025 Draft Executive Session Minutes Motion: Chairman Bagoff Second: Mr. Guarino Alper: Y Mayor McCartney: --- Bagoff: Y Morgan: --- Cardoza (Alt.2): Y Noborine: ---

2 Guarino: Y Scarpa: --- Kapferer: Y Wilkes: --- Klein: --- 12-3-2025 Draft Executive Session Minutes Motion: Chairman Bagoff Second: Mr. Morgan Alper: Y Mayor McCartney: --- Bagoff: Y Morgan: Y Cardoza (Alt.2): Y Noborine: --- Guarino: Y Scarpa: Y Kapferer: Y Wilkes: --- Klein: Y 1-7-26-WO-PB-Draft-Minutes Motion: Chairman Bagoff Second: Mr. Guarino Alper: Y Mayor McCartney: --- Bagoff: Y Morgan: Y Cardoza (Alt.2): Y Noborine: --- Guarino: Y Scarpa: Y Kapferer: Y Wilkes: --- Klein: Y 1-14-26-WO-PB-Draft-Minutes Motion: Chairman Bagoff Second: Mayor McCartney Alper: Y Mayor McCartney: --- Bagoff: Y Morgan: Y Cardoza (Alt.2): Y Noborine: --- Guarino: Y Scarpa: Y

3 Kapferer: Y Wilkes: --- Klein: Y 1-28-26-WO-PB-Draft-Minutes Motion: Chairman Bagoff Second: Mayor McCartney Alper: Y Mayor McCartney: --- Bagoff: Y Morgan: Y Cardoza (Alt.2): Y Noborine: --- Guarino: Y Scarpa: Y Kapferer: Y Wilkes: --- Klein: Y 2-25-26-WO-PB-Draft-Minutes Motion: Chairman Bagoff Second: Mr. Guarino Alper: Y Mayor McCartney: Y Bagoff: Y Morgan: Y Cardoza (Alt.2): Y Noborine: Y Guarino: Y Scarpa: Y Kapferer: --- Wilkes: --- Klein: Y SWEARING IN ● The Township Professional(s) sworn in. Ordinance 2955-26 Review - The Board reviewed Ordinance 2955-26, referred by the Town Council. - The ordinance proposed amending Chapter 25, Section 475 regarding: ○ Organization of the Land Use Board ○ Chair and Vice Chair terms for the Zoning Board of Adjustment - Purpose of the Ordinance is to remove term limits for the leadership of the Zoning Board of Adjustment for: ○ Zoning Board Chair ○ Zoning Board Vice Chair - Align local ordinance language more closely with New Jersey’s Municipal Land Use Law (MLUL).

4 PROFESSIONAL COMMENTS - Ms. Apte explained under the MLUL, ordinances affecting land use must be reviewed by the Planning Board to determine consistency with the Township Master Plan. - The current ordinance required annual elections and didn’t allow consecutive terms. - The amendment would allow zoning board members themselves to decide whether a chair or vice chair could continue serving consecutively. - Ms. Apte believes the amendment is consistent with the 2019 Master Plan - The Master Plan encourages: ○ Efficient administration ○ Improved procedural regulation ○ Better functioning of boards and commissions - Ms. McGovern explained the ordinance change has only to do with the Zoning board, which has separate powers than the Planning Board - The proposed ordinance would remove the restriction only for the Zoning Board, creating inconsistency between the two boards. BOARD QUESTIONS - Councilperson Scarpa asked how the board had historically operated with the same chairpersons for multiple years if the ordinance prohibited consecutive terms. Chairman Bagoff said they’re out of compliance with the ordinance, but in compliance with the state MLUL. BOARD COMMENTS - Mr. Alper questioned whether the Town Council had authority to impose such restrictions in the first place. Nonetheless, he agreed the ordinance was consistent with the Master Plan. APPLICATIONS ● PB24-01 West Essex Highlands Inc Block: 179 Lot: 32 Zone: IH-1 Warner Road The applicant is proposing to develop a 496-unit inclusionary multifamily residential development on a 120-acre property in the northwest corner of the township. - The application will be carried to the next Planning Board regular meeting on May 6, 2026, without further notice in person, starting at 6:30 pm. ● PB24-05 Yerrr Canna LLC Block: 62 Lots: 22.01, 32, and 34 Zone: I 76–82 Ashland Avenue The application to occupy and develop an existing vacant two-story metal warehouse building space consisting of approximately 9482 square feet into a Class 1 cannabis cultivator use, with 2,500 square feet of cultivation space on the first floor to stripe the parking lot and put up a security fence.

5 PRESENTATION - On behalf of the applicant, attorney Kenneth McPherson explained that the description on the agenda described the approval that was granted to the applicant. - Approved in April 2024 for 2 years - Mr. McPherson requested a one-year extension of prior approvals. - Reasons for extension as explained by Mr. McPherson ○ Another cannabis-related application, Blue Violet LLC, was approved on the same property. ○ Site improvements for Blue Violet overlapped with Yerrr Canna’s approvals. ○ It made little sense for Yerrr Canna to proceed before final site coordination was completed. - Mr. McPherson explained that the applicants coordinated parking and site design - Shared access and parking areas required unified planning - Now that Blue Violet was approved, both projects could move forward together PROFESSIONAL QUESTIONS - Ms. McGovern asked if they’re looking for an extension from the date of publication. Mr. McPherson confirmed yes, April 25, 2024. - Ms. Apte asked whether future resolution compliance submissions will be with Blue Violet’s plans. McPherson said both applications would now proceed consistently and jointly. NO BOARD QUESTIONS NO BOARD COMMENTS NO PUBLIC COMMENT Motion: Chairman Bagoff Second: Mr. Guarino Alper: Y Mayor McCartney: Y Bagoff: Y Morgan: Y Cardoza (Alt.2): Y Noborine: Y Guarino: Y Scarpa: Y Kapferer: --- Wilkes: --- Klein: Y ● PB25-11 525 Northfield Avenue, LLC Block: 159.04 Lot 1.01 Zone: B2 525 Northfield Avenue The applicant is proposing a 4-story mixed-use building containing 1,200 square feet commercial space on the ground floor, and 95 residential units on the upper floors, and 165 off-street parking spaces.

6 PRESENTATION - Attorney Marsha Moore, presented the application on behalf of 525 Northfield Avenue, LLC. - Applicant is seeking preliminary and final site plan approval, as well as conditional use approval and certain C variances, to permit the redevelopment of the property located at 525 Northfield Avenue. - Application proposes demolition of an existing vacant structure, as well as the construction of a mixed-use building consisting of: ○ 95 residential units ○ 20% affordable units ○ 1,200 square feet of commercial space ○ 165 parking spaces - The 19 affordable units will be integrated into the building, match the quality and design of market-rate units, and be built concurrently with market-rate units - The property is approximately 2.53 acres and located at the Northfield Avenue and Sheridan Avenue intersection, along County Route 508 - Alongside the application, the design includes residential amenities: ○ Co-working space ○ Gym ○ Simulator room ○ Landscape zen garden - Application proposes 165 physical parking spaces. ○ EV credits increased parking count to 183 spaces ○ Included stacked parking - C variances requests include: ○ Front yard setback ○ Corner side setback ○ Impervious coverage ○ Building height ○ Number of stories ○ Residential buffer relief ○ Driveway distance to nearby residential property - The site previously contained a house. - The property has reportedly remained vacant since COVID - The applicant believes the project advances township redevelopment goals, supports affordable housing obligations, and enhances walkability - Limited tree removal proposed - Most removed trees are in bad conditions - Applicant is seeking to replace 27 trees with approximately 51 new replacements. - As required by the board, they appeared before the SPRAB. - Based on the comments from the board’s experts, the applicant has reduced the scope of the project from 105 units to 95 residential units. - Ms. Moore emphasized that the application had been substantially revised in response to prior feedback from the SPRAB meeting and city representatives - She stated that the applicant received and reviewed: ○ Planner Malvika Apte’s report dated April 8, 2026. ○ Board Engineer Ryan MacNeill’s report dated April 10, 2026. - Ms. Moore explained that the applicant would not seek a lighting variance because the engineer would testify that the project complies with

oard Engineer Ryan MacNeill’s report dated April 10, 2026. - Ms. Moore explained that the applicant would not seek a lighting variance because the engineer would testify that the project complies with lighting requirements.

7 - The applicant intended to comply with ADA requirements for EV charging spaces, eliminating the need for relief on that issue. - Testimony would address parking concerns regarding tandem and stacked parking spaces that had been raised during the SPRAB review. - Ms. Moore also identified requested submission checklist waivers, including: ○ Existing/proposed contour intervals. ○ Landscape plans prepared by a professional landscape architect. ○ Certain plans/legal documents. ○ EIS waiver. - She confirmed that public notice had been published in both the Essex Daily and the Star- Ledger in accordance with regulations. PROFESSIONAL COMMENTS - Ms. Apte reviewed the requested waivers and recommended several for approval based on the nature of the application. - Waivers discussed included: ○ Graphic scale waiver ○ Soil survey data ○ Storm permit application ○ Landscape plans by a professional landscape architect ○ Compliance with West Orange COAH ordinances (to be addressed during final site plan phase) - Ms. Apte specifically highlighted: ○ Soil survey data appeared sufficiently addressed through submitted mapping and supporting materials, pending Board Engineer input. ○ The Environmental Impact Study waiver was supported by a memo from the applicant’s expert explaining why a full EIS was unnecessary. - Chairman Bagoff asked whether wetlands existed on the property. ○ Ms. Apte responded that the applicant’s materials stated there were no wetlands. - Mr. MacNeill stated the applicant had provided adequate environmental information within the plans themselves. - Although a standalone EIS report was not prepared, the submitted materials allowed him to complete his review satisfactorily. - He recommended approval of the EIS waiver request. PRESENTATION - The professional engineer, Anthony Facchino, entered on the record; he was sworn under oath. His credentials were accepted by the board and he testified to the following: - Facchino explained why they’re requesting the Environmental Impact Study waiver: ○ The project wouldn’t disturb already-developed portions of the site, including the existing building and parking lot. ○ Earlier project versions had proposed greater encroachment into steep slopes, but the project had since been downsized. ○ The revised plan avoids impacts to: ■ Steep slope areas beyond the already-developed footprint ■ Wetlands ■ Wooded areas ■

r encroachment into steep slopes, but the project had since been downsized. ○ The revised plan avoids impacts to: ■ Steep slope areas beyond the already-developed footprint ■ Wetlands ■ Wooded areas ■ Trees

8 ■ Wildlife habitat - Mr. Facchino introduced several exhibits: ○ Exhibit A1 / E100 ■ An aerial photograph of the site and the surrounding area. ■ Dated April 8, 2026. ○ Exhibit A2 / E200 ■ A proposed site exhibit overlaying the development concept on the aerial image. ■ Dated April 8, 2026. - The previously submitted formal site plan set was also identified: ○ Preliminary and final site plans for “Sofia by Gomes.” ○ Originally dated October 2, 2025. ○ Last revised March 30, 2026. ○ Consisting of 16 sheets. - Surrounding land uses: ○ West: ■ Retail building ■ St. Cloud Elementary School nearby ○ East: ■ Vacant land ■ Turtle Brook running along the easterly property line ○ South: ■ Turtle Back Zoo ■ South Mountain Arena ■ South Mountain Reservation - Existing conditions on the property: ○ One-and-a-half-story masonry building formerly used as a catering hall. ○ A large paved parking lot accommodating about 171 vehicles. ○ Significant steep slope areas occupying the undeveloped rear portions of the property. - Mr. Facchino explained areas with slopes greater than 10% are classified as steep slopes under township code. - The site lies within the B-2 General Business Zone where mixed-use development is permitted. - Adjacent zoning districts: ○ North: R-6 residential ○ East: R-5 residential ○ South: R-1 residential - There is a full movement driveway from Northfield Avenue - Existing nonconformities: ○ Front yard setback along Northfield Avenue: ■ Existing building only 4 inches from property line where 30 feet is required. ○ Sheridan Avenue frontage: ■ Portions of the building extend 3.3 feet into township right-of-way. ■ Other sections are only 3-6 inches from the property line where 25 feet is required. - Stormwater and drainage: ○ A 72-inch culvert runs east-to-west beneath the parking area. ○ Ownership of the culvert is unclear based on title searches.