August 3, 2016

initially he was not aware the property was part of the commercial district. He stated that from the exterior, the Mayfair Farms property looked like a viable business. Mr. Malanga asked if the inclusion of the Mayfair Farms property had been encouraged by a member of the Township administration; Mr. Janota said yes, the property was in the B-2 commercial district; he visited the site and subsequently included the property in the study. Mr. Malanga asked who in the administration had requested the property be included in the study. Vice Chairman Bagoff stated that before Mr. Janota answer, he would like Mr. Dwyer to determine if the question was germane to the discussion. Mr. Dwyer advised that the Board should keep in mind that Mr. Grygiel had testified the scope of the report was to determine if the properties included in the study met the criteria for an area in need of redevelopment or rehabilitation. He opined the question of exactly how the properties had been included was not relevant; the Board was to consider the facts of the study. Chairman Bagoff stated the rules and regulations governing the Planning Board charged the Board to look at municipal land use law; a licensed planner had prepared the report; how the properties were initially determined for inclusion was not germane to the hearing. Mr. Malanga replied the question was relevant because the study had been presented to the Board with certain assertions that those properties were in need of redevelopment. He opined that how they became part of the report, and how they would be designated was germane. He said that how the property became part of the study questioned the integrity of the report. Mr. Janota voiced his offense. Vice Chairman Bagoff reiterated that the Board would make its recommendation to Council based on the facts of the report and the statutory criteria for designation; he advised Mr. Janota to answer if he so wished. Mr. Janota opined the question was not germane; he said there were properties in the area that he had not included, he based the report on his professional opinion; and the Board had the opportunity to question his findings. Vice Chairman Bagoff directed Mr. Malanga to move on from the line of questioning; the Board would determine if the properties met the criteria regardless of how they became part of the study. Mr. Eben stated he did not understand why a

anga to move on from the line of questioning; the Board would determine if the properties met the criteria regardless of how they became part of the study. Mr. Eben stated he did not understand why a redevelopment study had been the prepared for the Eagle Rock commercial area. He said the report erroneously stated the Planning Board had conducted a preliminary investigation and prepared the preliminary report; in fact, the Board had never discussed the study, they had no knowledge of the study until they had received the completed report. Vice Chairman Bagoff replied the Council had initiated the report; and that Mr. Janota had previously testified to the fact at the previous hearing; he requested the final report reflect the correction. Mr. Malanga asked Mr. Janota confirm that in his report, he had described the Mayfair Farms property as unhealthful. Mr. Janota said he had identified the flooding basement as an unhealthful condition. He did not know if a flooded basement was a current condition, he did not know if the condition had been reported to the Health Department. Mr. Malanga had no further questions. Public Comment: Kevin Malanga, Ridge Road, stated the taxpayer should not be paying for improvements to the area; he did not believe the properties were areas in need of redevelopment. He opined the reason for the study was to benefit a developer, not to enhance the quality of life for the community. Joanne Szibdat, 481 Eagle Rock Avenue, stated she was General Manager, Mayfair Farms. She voiced concern that the controversy had a great impact on the facility’s ability to do business. She requested the Board consider all facts when making its determination; and that the Township