W Orange Planning Board Considering Request to Build Almost 500 Apartment Units Near West Essex Highlands

WEST ORANGE, NJ -- On Tuesday, July 30 and Wednesday, July 31 at 6:30 p.m., the West Orange Planning Board will be discussing the almost 500 apartments that a builder has proposed for property near the West Essex Highlands. Public comments will be accepted from residents in person in Council Chambers.

During this week’s town council meeting, a couple of attendees spoke out against the development. Law Professor Paul Trachtenberg, a member of We Care , talked about the fee schedule for clearing the trees, “If that application is approved, the developer plans to remove many thousands of mature trees and to replace virtually none of them.” He continued, “In fact, pursuant to the ordinance you adopted in October 2020, regarding that site, the developer would get a credit for 6,360 trees by virtue of erecting some deer fencing on the property, based on the schedule before you that credit could be worth as much As $6,966,000, otherwise payable to the township, but in fact, in this case, retained by the developer because of the ordinance provision.”

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Tractenberg shared that We Care does not believe that the October 2020 ordinance ever went into effect because the township failed to file it with the Essex County Planning Board, which is legally required. He reported that the ordinance was filed with the planning board on July 3, 2024. Tractenberg noted that ordinance 1934-04, stands for 2004 when it was adopted. He believes, ”It explicitly bans multifamily housing from that site, which, of course, is precisely what the developer is proposing to erect there. So, I think there's going to be a significant legal and policy confrontation at the planning board.”

Tractenberg also spoke of defeating a 2006 application to build 136 single houses at that location.

Joe Panullo of Essex Fells talked about the proposed development as well. He lives in the 200-foot notice area of the proposed development and is a member of We Care. He remarked that the project is going to encounter a great deal of legal opposition. “The bottom line is whether we prevail to interrupt or we end up on appeal. We're all going to spend a lot of money discussing something which procedurally is out of order as a matter of law, that is a matter of fact, and the facts that are in the record, and they're not our facts. They're facts that actually come from the Essex County Planning board and the town of West Orange.”

He also mentioned the traffic chaos that will ensue as a result of the developer’s plan to widen Oval Road, make it a boulevard, cut a big hole across it directly to put a four-way traffic signal and left turn lanes and right turn lanes on Eagle Rock.

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Panullo vowed, “We're going to isolate the deficiencies and bring them up to both the planning board and the DEP, but I can assure you that before the preliminary site plan is approved, if it were to be at the planning board, the Settlement Agreement provides for both preliminary and final approval at the planning board, and what that means is preliminary can be granted final subject too, and that's subject to our other agencies, which will include the DEP.”

Panullo continued to speak recent drawings in which buildings have been adjusted, things are going to be moved, roads are actually going to be allowed to go, freshwater lands, other crossings that won't be known until if you prove preliminarily final. He warned that the sanitary sewer, storm water and public water interconnection will be affected if they blast the holes in the mountain.

Council President Bill Rutherford and Council Members Sue Scarpa, Michelle Casalino, Asmeret Ghebremicael and Tammy Williams agreed with the comments. Williams said they couldn’t speak about the matter because it’s in litigation. Ghebremicael stated that she supports the residents. They and Casalino thanked We Care for all their hard work.

Rutherford mentioned that he’s the Planning Board Liaison. “The county has pretty much confirmed that with the documents they prepared, they've sent to us, and they've said that since your preliminary site plan is based on a non-applicable ordinance, you shouldn't have to go back to square one." He added, "They shouldn't be able to move forward in the application process if the initial spread approval was based on an ordinance that was not in effect at that time.”  He also asked township attorney Stephen Gingaro to research the matter.

Here's the agenda .

Click HERE for the July 30 Zoom link.

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