July 30, 2024 Planning Board Special Meeting Transcript - WEHI

57 (Pages 222 to 225) Page 222 1 Planning Board can't take any extraneous 2 information, it has to be done at the hearing. 3 You're here and are you tasked with -- did you write 4 this letter? Is this a position that your 5 organization is taking that you want to put on the 6 record? Is that what this is? Because that would 7 come to public comment at the end. Right now, we're 8 just doing questions. 9 MR. REDWINE: Okay. That's what I 10 thought you'd say but I told them that I would ask 11 so I've asked. Thank you. 12 MR. PLOCKER: And on behalf of the 13 applicant, I would just ask that if there is any 14 letter issued to the Board regarding the 15 application, that the applicant be provided a copy. 16 MS. McGOVERN: Absolutely. 17 MR. PLOCKER: Thank you. 18 MR. AFRAN: The objector would ask the 19 same. 20 MR. FAGAN: Mr. Chairman, please be 21 advised that we were able to restore the Zoom video 22 feed during Mr. Redline's testimony. 23 CHAIRMAN BAGOFF: Thank you. 24 MR. FAGAN: Apparently, somebody had 25 kicked the plug out by accident. Page 223 1 CHAIRMAN BAGOFF: Thank you. Okay. 2 And just so the public knows, we don't -- we don't 3 forward letters to members of the Planning Board 4 about an application that is before us. It is not 5 in the best interest of the Board and the public, it 6 violates the Open Public Meetings Act, Open Public 7 Records Act. So anything that is given to the 8 attorney, somebody must come and testify in the 9 public under oath about what they have to say; 10 otherwise, you can bring things, as Ms. McGovern 11 said, during the comments section. So if you want 12 the Board to hear something, it has to go to the 13 applicant, it has to go to our attorney, they'll 14 both decide if it's information that the Board needs 15 to hear, and then we will ask the maker of that 16 letter to come before us. That's the way it works. 17 It's in everybody's best interest. Thank you. 18 Yes, sir. Please state your name and 19 spell your last name. 20 MR. SHARENOW: Bob Sharenow, 21 S-H-A-R-E-N-O-W. I'm a resident of the Highlands 22 for 26 years. 23 Are you aware -- and maybe the lawyer 24 more so -- are you aware that the Board of the West 25 Essex Highlands was told a few years ago when this Page 224 1 started that a judge said to the town of West Orange 2 "You need Mount Laurel housing. We have a developer 3 who has a piece of property and

sex Highlands was told a few years ago when this Page 224 1 started that a judge said to the town of West Orange 2 "You need Mount Laurel housing. We have a developer 3 who has a piece of property and there's nothing you 4 can do about it," and you as a Board, as a Board, 5 can't do any opposition to this project," and the 6 Board still believes that. Do you know anything 7 about that? 8 MR. PLOCKER: I'll just address it. I 9 believe the comment and it really wasn't a question, 10 was that a judge told the Board and I'm aware of any 11 conversations -- 12 MR. SHARENOW: No, not the judge 13 telling the Board. The judge told the town that 14 "You gotta let the developer build because you're 15 short of affordable housing." 16 MR. PLOCKER: Yeah, I can't -- I don't 17 think anybody from us can testify to that and I do 18 know that mediation and settlement negotiations 19 themselves are confidential and part of the legal 20 process, especially ones where the court or the 21 court Special Master was involved. 22 MR. SHARENOW: Okay. Well, our Board 23 never did anything. 24 Do you know that the developer, your 25 bosses, in approximately 2004/2005, put in an Page 225 1 application or a process to build 138 homes on this 2 property? 3 CHAIRMAN BAGOFF: Okay, stop right 4 there. That's not part of this application. That's 5 not part of this application, Mr. Anderson didn't 6 testify to that. If you want to say something, 7 that's in public comment, sir. Right now, you may 8 ask if, when, why, what, where, how, which; that's 9 what you ask Mr. Anderson about his testimony, 10 please. 11 MR. SHARENOW: Okay. Are you aware of 12 the changing of what they asked for, the reasons why 13 they were turned down for their 138? Is that 14 allowed to be asked? 15 CHAIRMAN BAGOFF: That is not -- I'm 16 sorry, sir. That is not part of this application -- 17 MR. SHARENOW: Okay, I just thought 18 they might have a reason because we're dealing with 19 the fire engines not being able to get in. 20 CHAIRMAN BAGOFF: I'm not allowing 21 that. 22 MR. SHARENOW: Okay. 23 CHAIRMAN BAGOFF: It has nothing to do 24 with this application, it's a totally different 25 application.