June 30, 2025, Planning Board Special Meeting Transcript - WEHI

25 of 70 sheets Page 97 to 100 of 175 08/07/2025 02:56:42 PM 97 is tasked with, that's perfectly fine. If it goes1 outside of there or matters outside the scope of this2 board, I may object.3 CHAIRMAN BAGOFF: Okay.4 MR. AFRAN: I think we're in agreement that5 he should go forward and I point out also he is a lawyer6 and officer of the court and a retired law professor of7 Rutgers, he does understand the procedure.8 CHAIRMAN BAGOFF: Mr. Tractenberg's9 well-known to the Planning Board.10 MR. AFRAN: I have a feeling there will be11 areas Mr. Plocker will raise objections to, I am not12 denying that.13 CHAIRMAN BAGOFF: I know Mr. Tractenberg14 knows how to do this.15 MR. AFRAN: I didn't mean that16 sarcastically. We talked and I believe there will be17 areas he objects to.18 MS. McGOVERN: Okay.19 MR. AFRAN: We call the now infamous Paul20 Tractenberg.21 CHAIRMAN BAGOFF: Thank you.22 MS. McGOVERN: Would you please raise your23 right-hand.24 Do you swear or affirm to tell the truth the25 98 whole truth nothing but the truth.1 THE WITNESS: I do.2 MS. McGOVERN: Will you please state your3 full name and spell you last name.4 THE WITNESS: Paul Tractenberg,5 T-R-A-C-T-E-N-B-E-R-G. I live currently at 96 Sullivan6 Drive in West Orange. Previously, as I will explain, I7 lived for 18 years at 11 Meadows Bluff Lane in West8 Orange, a condominium property that's directly adjacent9 to the subject property. The property that's the10 subject of the application before the board.11 P A U L T R A C T E N B E R G, having been12 duly sworn testifies as follows:13 THE PUBLIC: I want to thank Chairman Bagoff14 and members of the Planning Board, I appreciate the15 opportunity to present this testimony.16 As I have indicated, I am a long time, 2717 plus years, resident of West Orange. I have been18 immediately adjacent to or in close proximity to the19 subject property for those years. I believe actually20 that I am the first witness who is from the affected21 community not an expert retained by the applicant or the22 objector and I have to say a word about that. That has23 enabled me to observe, evaluate firsthand the impact the24 development you are considering would have on your25 99 neighbors who live nearby as well as on the broader West1 Orange community and neighboring communities. In that2 connection I cannot imagine many applications this board3 has considered over the years

neighbors who live nearby as well as on the broader West1 Orange community and neighboring communities. In that2 connection I cannot imagine many applications this board3 has considered over the years that have provoked the4 kind of broad interest this one has and the5 participation of a number of adjoining municipalities6 and a number of environmental commissions, including the7 one in this town, West Orange, and the one in our8 county, the Essex County Environmental Commission.9 Because the applicants effort to develop Block 179 Lot10 32 has been proceeding for so long, substantially more11 than 20 years, I believe testimony to the Planning Board12 that briefly puts the current deliberations in context13 could help you to make a reasoned decision and I know14 you're committed to exactly that result, a reasoned15 decision.16 Chairman Bagoff and Mayor McCartney, among17 others, have personal experiences for much, if not that18 entire time, but others have not.19 I also want to testify about my personal20 experiences as a long time resident of West Orange and21 of the West Orange West Essex Highlands condo community22 that are directly relevant to the issues before you.23 After all, to treat this just as a dispute among experts24 retained to testify before you tends, in my view, to25 100 minimize or even eliminate a crucial dimension how your1 decision will effect the daily lives and the health,2 safety and well-being of many residents of West Orange3 and adjoining communities. So with your forbearance I4 will proceed as a resident and fact witness not as an5 expert. I don't claim expertise in many of the areas6 before you.7 MR. AFRAN: Could I just have one second.8 Just checking on timing.9 MR. PLOCKER: Can I make a statement before10 Mr. Tractenberg begins.11 CHAIRMAN BAGOFF: Mr. Plocker.12 MR. PLOCKER: Based upon Mr. Tractenberg's13 introduction, it seems he intends to produce evidence14 regarding prior proceedings and he even alluded to that15 certain people on the board had personal experience. So16 to the extent that that's the case, I think this boards17 mission is to focus on the application, all of the18 application materials submitted. This is a particular19 application under a particular zoning ordinance and20 anything that happened before this board in the past is21 not relevant to this application or the boards decision.22 MR. AFRAN: Well, with

cular19 application under a particular zoning ordinance and20 anything that happened before this board in the past is21 not relevant to this application or the boards decision.22 MR. AFRAN: Well, with respect, number one,23 that's not true because board decisions that deny24 applications actually can have a res judicata effect.25