August 14, 2024 Planning Board Special Meeting Transcript - WEHI

26 (Pages 98 to 101)26 (Pages 98 to 101) Page 98 1 to adopt, which as part of compliance mechanisms, 2 the town eventually did adopt that ordinance, which 3 is now known as the IH-1 zoning ordinance, but to 4 discuss before this Board what was discussed in the 5 settlement room would be wholly improper, and two -- 6 excuse me, I just need a little water, my throat 7 just -- 8 CHAIRMAN BAGOFF: Take your time, take 9 your time. 10 (Pause) 11 MR. PLOCKER: And second, to the 12 extent that the concerned citizen tried to challenge 13 the settlement agreement or tried to amend it or -- 14 MR. WEISLEDER: I'm not trying to 15 challenge it. 16 MR. PLOCKER: -- or object to it, that 17 would not be within the purview or jurisdiction of 18 this Board. 19 CHAIRMAN BAGOFF: Okay, good. One 20 second. I know, everybody's going to get a chance, 21 everybody's going to get a chance. 22 Ms. McGovern. 23 Hang in there, we're getting back, I 24 promise. 25 MR. AFRAN: I want to respond to -- Page 100 1 MR. WEISLEDER: If I want to do that, 2 I'll do that in a court of law and go to a judge. 3 Okay? 4 CHAIRMAN BAGOFF: Mr. Afran. Thank 5 you. 6 MR. AFRAN: For the record, this is 7 Bruce Afran, counsel for We Care New Jersey. I just 8 want to respond not on the issue of whether the 9 concept plan is the same or differs; that's not my 10 concern at the moment. I just want to respond to 11 Mr. Plocker's comment that in his view, what was 12 discussed in connection with that is privileged. 13 You know, on the one hand, Mr. Plocker made multiple 14 statements, as did Mr. Anderson, that the settlement 15 governs, the settlement governs, this Board has to 16 follow the settlement. So the settlement, in the 17 applicant's view, is a public interest that this 18 Board must follow, yet at the same time, the 19 settlement discussions that led to it are privileged 20 and no one can know what it said. So I just want to 21 state my legal disagreement. If there is a question 22 to a witness that requires such information and the 23 witness has it, in my judgment, there is no 24 privilege, and I just want to assert that position 25 for the objectors. I don't know if we're going to Page 99 1 CHAIRMAN BAGOFF: One minute. Ms. 2 McGovern, you, you (indicating). We're getting 3 there. 4 MS. McGOVERN: I'm not going to the 5 privilege issue, I don't know what you're going to 6 say; what I would like to

BAGOFF: One minute. Ms. 2 McGovern, you, you (indicating). We're getting 3 there. 4 MS. McGOVERN: I'm not going to the 5 privilege issue, I don't know what you're going to 6 say; what I would like to say, a concept plan is a 7 more general plan and these are more specific, and 8 in the settlement agreement, it's been made clear 9 that this is a general, general idea of placement, 10 and then what they did was specifics and there are a 11 design criteria and there's a specific ordinance for 12 this piece of property that they have complied with, 13 those design terms as well as setbacks, heights, the 14 things that this Board is reviewing on site plan. 15 So specifics as some balconies, decks, those are 16 details that, no, were not in a concept plan. It's 17 more fleshed out in this plan that the Board is 18 having. But the positioning of the buildings, as I 19 understand it from the concept plan, were 20 substantially, if not identical, to where these 21 buildings are right now. 22 CHAIRMAN BAGOFF: Okay. Mr. Afran. 23 MR. WEISLEDER: And for the record, I 24 am not challenging the settlement. 25 CHAIRMAN BAGOFF: Okay, thank you. Page 101 1 reach such a question, but if we do, I want to state 2 my respectful disagreement with Mr. Plocker's 3 interpretation. 4 CHAIRMAN BAGOFF: Thank you, so noted. 5 You're up. 6 MR. WEISLEDER: Now I know I should 7 have gone to law school. That was well said. Thank 8 you. My next chapter maybe. 9 So with regard to -- it was mentioned 10 in your testimony about barbecues and grills being 11 allowed on the balconies, so I guess my question: 12 Will the other buildings have balconies as well or 13 just Building D? 14 MR. APPEL: I believe my testimony -- 15 I believe my testimony was that the grills would 16 only be on the common roof amenity, not on the 17 balconies. So typically, they're not permitted on 18 balconies, but you can have, in the -- on the common 19 area of the roof, you could have grills up there. 20 MR. WEISLEDER: Okay. And also, it 21 was brought up with several questions the use of a 22 back patio. I guess that was going to be on the 23 ground floor facing the slope, and my biggest 24 concern from the balcony and reading other studies 25 and things like that is the echoing of sound. Has