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

29 of 70 sheets Page 113 to 116 of 175 08/07/2025 02:56:42 PM 113 tenth of a mile down Warner Road. The rest of Warner1 Road and Oval Road would be unchanged by opening up the2 second access. And by the way, an agreement in 2004,3 which was entered into between the original We Care4 organization and the developers assigned by Zygmunt Wilf5 --6 MR. PLOCKER: I'm going to object to any7 reference to any prior agreements, litigations, we're8 not denying that they do not exist, but this board is9 not the proper forum for them.10 MR. AFRAN: Well, it does relate to the11 question if the applicant had given away rights in land,12 then the applicants standing as a proprietary interest13 in the application is effected, and therefore it is14 relevant.15 CHAIRMAN BAGOFF: But Mr. Afran, we don't16 have a copy of that for the board to judge. So this is17 hearsay testimony. We don't know the extent or anything18 about that, so we're going to pass on that.19 MR. PLOCKER: And I'll just add for the20 record, whatever lawsuit you may file if there is an21 approval you can raise any and all of these arguments22 and we'll be more than prepared to address them. We23 believe any prior agreements do not apply to the current24 situation. But, again, that's not for this board.25 114 CHAIRMAN BAGOFF: Agreed.1 MR. AFRAN: May I just have one moment. I'm2 sorry.3 The point is -- well, if the Chair thinks4 it's hearsay at this point the agreements not before us,5 we'll address it later but we maintain its relevance.6 CHAIRMAN BAGOFF: Okay. We're not going to7 hear this right now.8 MR. AFRAN: Not right now.9 CHAIRMAN BAGOFF: Okay. Good.10 Mr. Tractenberg, you have the floor, sir.11 THE PUBLIC: Since I was one of the ones who12 complained about how hard it is to hear, I apologize to13 the board and to the public for not talking directly14 into the microphone.15 So back to my arrival in West Essex16 Highlands. Within a short time of my arrival I was told17 for the first time, I bought from the original owner18 that there would be shovels in the ground by the spring.19 That would have been the spring of 1999. At that point20 many of us in the community were very upset about the21 prospect of a major development adjoining us. We went22 to the West Essex Highlands condo board and requested23 its assistance in objecting to it. They claimed at that24 time, I think wrongly, but they claimed that

major development adjoining us. We went22 to the West Essex Highlands condo board and requested23 its assistance in objecting to it. They claimed at that24 time, I think wrongly, but they claimed that they were25 115 bound by their agreement with the developer from1 challenging any development proposal. But they pointed2 out that individual unit owners were free to object.3 That led several of us to create the organization which4 became We Care, which included a lot of individual unit5 owners of the Highlands, some residents of the Grand,6 residents of Howell and adjoining neighborhoods and we7 became the objectors before the board in the first go8 round and it resulted in a denial, I won't go into the9 details, I won't argue the relevance, but it resulted in10 a denial.11 There was an effort, which I think is12 germane in my case to this, between 2006 and 2008 to13 preserve this property as open space. It was then part14 of the Master Plan of the town and the open space plan15 that that was a high priority property to preserve as16 open space. The effort fell apart when the economy fell17 apart in 2008 and a lot of money was off the table for18 acquisition. Just as a matter of personal privilege,19 the township council did propose and agreed to pay for20 two appraisals of the property because there was some21 dispute about its value.22 MR. PLOCKER: I'm going to object to23 whatever actions that town council may have or may not24 have historically enacted or any studies that may have25 116 been conducted. We're here to deal with this1 application, this development, this zoning ordinance.2 CHAIRMAN BAGOFF: I'm going to let you do3 this, because it's a little history, so I have no4 problem with that.5 I'm sorry, go right ahead.6 THE PUBLIC: The township council in it's7 infinite wisdom chose not to make public the results of8 the appraisal after they were submitted. It led me to9 threaten and then bring in a lawsuit to seek those10 appraisals. We eventually won in the Appellate11 Division, I got the appraisals, the appraised value was12 much less than John McKeon, then the Mayor, was13 publically indicating would be the value of the property14 and that really jump started the preservation effort.15 It was aborted by the financial collapse in 200816 however. Mr. Plocker mentioned earlier that the17 developer was, during this time, also attempting to18 through

mp started the preservation effort.15 It was aborted by the financial collapse in 200816 however. Mr. Plocker mentioned earlier that the17 developer was, during this time, also attempting to18 through the courts to overturn the Planning Boards19 denial.20 CHAIRMAN BAGOFF: Let's move on from all21 denials and get to more facts about the case.22 THE PUBLIC: Okay.23 Fast forward to the period of 2015-'17 and24 on to 2020, which was, I think, the period where25