A proposal by Garden Homes to build 496 units of residential housing was rejected by the Planning Board during a meeting last week.
WEST ORANGE — The West Orange Planning Board rejected the proposed West Essex Highlands project last week but that is not likely to be the end of the plan to build 496 unit residential development.
“Most likely we will face a lawsuit,” said Mayor Susan McCartney. “A lot of people are considering this a victory but it will cost the township thousands if not millions.”
The meeting was held in a packed room with people standing in the hallway outside listening to the live stream of it on their phones.
The vote was a tie, which by rule, means the project is rejected. A large cheer erupted when it was announced that the plan had been rejected.
Planning Board members Ken Alper, John Cardoza, Lori Kapferer, and Susan Scarpa voted no while board chairman Robert Bagoff, Jerry Guarino, Lee Klein, and McCartney all voted yes.
“I was secure in my vote,” McCartney said. “I went over the application with our engineer. I made the Planning Board attorney read the 39 conditions, usually there are 3 or 4” for a proposed development.
The developer, Garden Homes, a subsidiary of the Wilf family, already owns the wooded tract of land and had been granted initial approval for the project. Zygi Wilf is the owner of the National Football League team, the Minnesota Vikings.
The proposal faced public opposition from the local community for years, raising environmental, safety, and community connectivity concerns. The community group, We Care NJ, which stands for West Essex Committee Against Rezoning Excesses, was formed in 2000 and carried the fight against this development through a 7-2 victory before the West Orange Planning Board in 2006 and onward.
The project called for clearing about 30 acres of land for a 496-unit residential development, including 100 affordable housing units. The site is on a hill with existing private homes below it.
Hanging over the proposal was an agreement reached to resolve West Orange’s affordable housing obligations. Garden Homes designated 100 of the new homes as affordable housing as part of the agreement.
“That was almost like an overlay on this application,” McCartney said.
The effort to reject the proposal had a lot of support from outside West Orange from people who wanted the land preserved but the land doesn’t belong to the township.
“They think it’s a victory and it may be preserved. That was never the charge of the Planning Board,” McCartney said.
The land isn’t for sale and 61 acres of the tract were determined to be “developable” and the proposal only called for disturbing 27.9 acres, McCartney said.
“The town can’t preserve it, we don’t have the funds and it’s not for sale,” McCartney said.
The Planning Board attorney will now memorialize the decision. After that is complete, the developer can ask for a motion for reconsideration and file a lawsuit.
A call and email to Bryan Plocker, the attorney for the developer were not returned.
Maegan Kuhlmann, New Jersey Sierra Club Chapter organizer, issued a statement thanking the West Orange planning board for voting against the development and for protecting open space. “This area is unsuitable for any type of development due to its slopes, wetlands, and critical wildlife,” Kuhlmann said. “Affordable housing, land conservation, and sustainability can all coexist, but not like this. This housing proposal would have caused irreparable environmental damage, more flooding for nearby residents, and increased costs for both residents and the township during storm events.”
The NJ Sierra Club has been fighting this project since it was first proposed in 2005.
“This is what happens when we don’t give up or back down,” Kuhlmann said. “We will continue to make sure the Watchung Mountain Ridge is protected now and for future generations.”
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