September 11, 2024 Planning Board Special Meeting Transcript - WEHI

09/27/2024 06:14:01 AM Page 165 to 168 of 180 42 of 71 sheets 165 Who owns Oval Road and who is responsible1 for maintaining it going forward?2 CHAIRMAN BAGOFF: Mr. Plocker, do you know?3 MR. PLOCKER: Oval Road is a private road.4 CHAIRMAN BAGOFF: It's a private road.5 MR. PLOCKER: And my client has -- I'm6 sorry, I can't -- there's a lot of talking going on.7 Oval Road is a private road and has been maintained by8 my client.9 THE PUBLIC: Sorry, point of clarity. So10 the client owns Oval Road, meaning he's responsible for11 maintenance of that road?12 MR. PLOCKER: My client -- I don't want to13 misspeak. Title can be very complicated. My client has14 assumed the responsibility for the maintenance of Oval15 Road.16 MS. MCGOVERN: When you say, your client,17 the applicant here is West Essex Highlands Condominium18 -- I'm sorry. West Essex Highlands, Inc.19 MR. PLOCKER: Yeah, it's obviously -- this20 is an ownership issue and I don't want to misspeak. I21 don't want to create a bad record.22 MS. MCGOVERN: Sounds like there's common23 ownership.24 MR. PLOCKER: There may be common ownership.25 166 The Association may do some snowplowing on Oval Road.1 Obviously there, with respect to the common roads2 between, you know, Warner there's an agreement, part of3 the Settlement Agreement there is a way to divvy it up,4 the maintenance and, you know, of Warner.5 CHAIRMAN BAGOFF: So at this moment there's6 no testimony of who owns Oval Road. However, it's a7 private road. Not owned by the township.8 THE PUBLIC: It is -- I'm sorry, repeat9 that. It is what?10 CHAIRMAN BAGOFF: Private road not owned by11 the Township of West Orange.12 THE PUBLIC: Okay. But I guess my13 confusion, if you will, this new development will impact14 over -- it will double, more than double the amount of15 impact on the road, the wear and tear and it's a private16 road and it's up to the private owner and again, I'm17 still not clear on who owns it because that influences18 who is able to maintain it because all the other19 residents of The Grand and all of the other residents of20 the Highlands condos and The Chateau and the paddle21 board users, they all need to rely upon this22 thoroughfare that this development is impacting. And23 it's not clear who owns it, what's the maintenance plan,24 because we've had issues in the past and now it's just25 167 going to exacerbate it going

roughfare that this development is impacting. And23 it's not clear who owns it, what's the maintenance plan,24 because we've had issues in the past and now it's just25 167 going to exacerbate it going forward.1 CHAIRMAN BAGOFF: I understand what you're2 saying.3 THE PUBLIC: I'm just trying to ask for4 clarity as part of th application and I don't think I'm5 still getting the full clarity.6 CHAIRMAN BAGOFF: We're not getting it7 either, but there's no testimony who owns it8 unfortunately, and as it is a private road and there are9 multiple condo associations there those are the people10 that need to get together and give you the better11 answer.12 THE PUBLIC: Okay. I think we need to get13 that answer before being approved because that impacts14 long-term sustainability for all the residents of West15 Orange in this area.16 CHAIRMAN BAGOFF: Thank you.17 Mr. Afran.18 MR. AFRAN: Bruce Afran, counsel for the19 objectors.20 Mr. Plocker, I just have a quick question21 for you actually. You were giving an understanding of22 the status of the ownership, you don't have personal23 knowledge of it, I assume?24 MR. PLOCKER: I'm going to make a statement25 168 that it's our -- my clients, upon information and1 belief, that Oval Road is a private road and that's2 going to be the limit of my statement right now.3 MR. AFRAN: Okay. Thank you.4 So Mr. Chairman, I don't think we have a5 witness saying of his personal knowledge, Mr. Plocker,6 is acting in going good faith I understand, but there is7 no actual evidence offered at this point as to ownership8 of Oval Road, is that a fair statement?9 MR. PLOCKER: That is correct.10 CHAIRMAN BAGOFF: We agree.11 MR. PLOCKER: And I appreciate the12 clarification.13 MR. AFRAN: I bailed you out, Mr. Plocker.14 MR. PLOCKER: Always appreciated.15 MR. AFRAN: I have just a few questions.16 Mr. Pehnke, I think we know the answer to this17 but you said one thing and I just want to be clear as to18 what you said. You mentioned -- you had mentioned, you19 had said that there were three points of access to the20 site. I assume you meant Warner Road and the two21 emergency entrances and exits, Kuzik and Howell, is that22 correct?23 THE WITNESS: Subject to the approval of24 this board Kuzik Drive would be an emergency access, but25