August 14, 2024 Planning Board Special Meeting Transcript - WEHI

25 (Pages 94 to 97)25 (Pages 94 to 97) Page 94 1 door right next door to that, you would know that 2 that's an affordable unit, correct? 3 MR. APPEL: That's a little bit of a 4 leap -- 5 MR. SHARRET: Okay. 6 MR. APPEL: -- but I suppose someone 7 could make that connection. 8 MR. SHARRET: Well, I'm not asking if 9 somebody can make the connection, it's a fact -- 10 right? -- that you made all of the affordable units 11 smaller by putting them on the smaller side of the 12 hallway and then cutting storage units out of them, 13 right? 14 MR. APPEL: The storage -- either the 15 storage or utility closets are necessary to make the 16 building work. 17 MR. SHARRET: Right, but you didn't 18 decide to pull them out of the market units, 19 correct? 20 MR. APPEL: I did not -- in some 21 cases, they may be in market units, but on the plans 22 that were submitted, they're -- they're all carved 23 out of the affordable units. 24 MR. SHARRET: Okay. All right, thank 25 you, no further questions. Page 96 1 at here, so there's a lot of mix and confusion, so 2 that's my question. 3 CHAIRMAN BAGOFF: So you're basically 4 saying that -- I just want to get this for the Board 5 and the public. 6 MR. WEISLEDER: That's for example. 7 Building D, did those plans initially have a 8 balcony? Did they have a rooftop? Was it as close 9 to the homes? What has shifted, what was changed? 10 They have gone -- they, their attorney, they have 11 gone back to this agreement several times, so 12 they've opened the door to this question. I would 13 like to know if these are the plans that were 14 submitted or ones in discussion because it's a bait 15 and switch. 16 CHAIRMAN BAGOFF: So you're basically 17 asking are the conceptual plans that were part of 18 the agreement -- 19 MR. WEISLEDER: The Planning Board has 20 to follow, yes. 21 CHAIRMAN BAGOFF: Are the conceptual 22 -- you're asking, I just want to be clear, are the 23 conceptual plans that are agreed to by the parties 24 the same plans as presented today. 25 MR. WEISLEDER: Correct. Page 95 1 CHAIRMAN BAGOFF: Thank you. 2 Please -- please state your name and 3 spell your last name for the record. 4 MR. WEISLEDER: Seth, S-E-T-H, 5 Weisleder, W-E-I-S-, as in Sam, L-E-D-, as in David, 6 E-R. 7 CHAIRMAN BAGOFF: Thank you. 8 MR. WEISLEDER: West Orange. 9 I guess my question is, we talked a lot 10 about the settlement agreement and what was

r, W-E-I-S-, as in Sam, L-E-D-, as in David, 6 E-R. 7 CHAIRMAN BAGOFF: Thank you. 8 MR. WEISLEDER: West Orange. 9 I guess my question is, we talked a lot 10 about the settlement agreement and what was agreed 11 upon by the town and by the West Essex Highlands, 12 the two parties involved. I live on Howell Drive, 13 not involved. Just making a statement there, and my 14 question is: Which plans were discussed in that 15 meeting, these plans that we're seeing tonight or 16 were they the concept plans, and what has changed 17 between the two? And there's where we -- I'm sorry 18 but the attorney has gone back that "this is an 19 agreement and we are allowed to do this," and yes, 20 you have sent in an application by law and you are 21 following the law. My question is, to the 22 architect, which plans were discussed, conceptual 23 plans, and which are before the Planning Board? 24 Because what was agreed upon by those three parties 25 was the plans that were looked at there, not looked Page 97 1 CHAIRMAN BAGOFF: Okay, good. 2 MR. PLOCKER: First -- I'd just like 3 to comment -- 4 CHAIRMAN BAGOFF: Mr. Plocker. 5 MR. PLOCKER: -- and maybe Ms. 6 McGovern would like to chime in. First of all, 7 whatever was discussed during the settlement 8 negotiations between the parties in that room were 9 privileged, there was pending and ongoing litigation 10 at that time and that is privileged, and from a 11 legal standpoint, it would not be proper to air that 12 before this Board. 13 CHAIRMAN BAGOFF: All right. 14 MR. PLOCKER: Second -- I need to 15 finish. 16 CHAIRMAN BAGOFF: Go ahead. 17 MR. PLOCKER: Second, the concept plan 18 attached to the settlement agreement is typical; it 19 is only a concept plan. There are several 20 references in the settlement agreement that talk 21 about how the project is not fully engineered, 22 things can change. What was discussed and what is 23 in the concept plan attached to the settlement are 24 the general locations of the buildings in addition 25 with the ordinance requirements that the town agreed