Planning board grants one‑year extension for Redwood LLC project at 200 Pleasant Valley Way

The West Orange Planning Board on July 1 approved a one‑year extension for the Redwood LLC redevelopment at 200 Pleasant Valley Way, block 151, lot 33, preserving the project’s previously adopted zoning and subdivision approvals while the applicant seeks county sign‑off.

Chair Dr. Robert Bagoff moved to grant the extension after applicant counsel said the delay stems from the Essex County Planning Board’s pending approval for a required traffic signal. Township Attorney Diana Powell McGovern advised the board that the Municipal Land Use Law (NJSA 40:55D‑50 and related provisions) allows developers to preserve previously adopted zoning and to seek one‑year extensions when there is “good reason,” including awaiting governmental approvals. “Under NJSA 40:55D‑50, … three one‑year extensions of time [are permitted] if you provide good reason,” McGovern told the board.

Why it matters: Board members debated whether the extension lets the project avoid newly adopted local stormwater standards. Council President Susan Scarpa said she would prefer the applicant comply with the updated stormwater ordinance because the project sits in an area prone to flooding. McGovern replied that, unless the applicant were required to file a new application, the board cannot retroactively impose a later ordinance standard on a previously adopted approval and that denial could prompt an appeal.

On the roll call, Ken Alper, Christopher Morgan Sr., Frank Noborine, Lori Kapferer, Mayor Susan McCartney and Chair Bagoff voted yes; Council President Scarpa voted no. The board also voted to memorialize the extension in a resolution that will set the exact date that the extension takes effect; counsel said the extension would run one year from the date of memorialization.

The applicant’s attorney, Gabrielle M. Bamberski, told the board the Essex County Planning Board required a traffic signal at the project driveway and Pleasant Valley Way, which has delayed the project’s schedule. The board’s action preserves the developer’s existing approvals while that county review proceeds.

Next steps: McGovern said she prepared a draft memorialization resolution and would provide a corrected version to the clerk for signature; the extension will remain in effect until the new resolution’s memorialization date, which the board will record in the public minutes.