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

09/16/2025 06:29:53 AM Page 5 to 8 of 130 2 of 33 sheets 5 what you said.1 CHAIRMAN BAGOFF: Welcome ladies and2 gentleman. Thank you for the couple of moments.3 Council Person Scarpa is with us on zoom.4 Mr. Afran.5 MS. McGOVERN: Counselwoman Scarpa is6 visible on the screen and she's available by phone when7 she speaks. We will be holding the phone up to the8 microphone. If you can't hear raise your hand and I'll9 ask her to speak up.10 MR. AFRAN: But if we assume that the others11 on zoom still can't hear, is that correct?12 MS. McGOVERN: Yeah. But we can go forward13 because our notice clearly said we're going forward14 regardless whether zoom is working or not, after our15 last problem.16 CHAIRMAN BAGOFF: Mr. Afran, you have the17 floor.18 MR. AFRAN: Thank you.19 Good evening again. Glad we have voiced for20 council member.21 If anyone can't hear me, please let me know,22 I am trying to speak as loud as possible without23 shouting.24 We lost our traffic engineer temporarily25 6 tonight, Mr. Litwornia had an accident and is in the1 hospital, so I'm sorry to hear that. I hope he'll be2 available shortly.3 THE PUBLIC: Couldn't hear that.4 I said, good evening. And while we had our5 traffic engineer scheduled for tonight, unfortunately he6 had an accident and he's in the hospital. He will be7 out of the hospital soon, but I don't know what day he8 will be available, but he certainly can't be here today.9 In the interim however, we do have one expert10 witness, Bill Green from Litwornia Associates, to speak11 on utility issues and completeness in that respect.12 However, I do know there are two independent witnesses13 tonight, I'll just, as a curtesy, introduce them.14 I know Greg Mascera, who is the township15 counsel for Verona is here and Jessica Pearson16 independently is here for Verona Environmental17 Commission. So if I may just call up Greg Mascera,18 who's not one of my clients witnesses but is here.19 CHAIRMAN BAGOFF: Welcome, Mr. Mascera.20 MR. MASCERA: Thank you, Dr. Bagoff.21 Chairman and members of the board, my name is Gregory22 Mascera, I'm with Bannon, Rawding, McDonald & Mascera in23 Verona. I'm here tonight to represent the Township of24 Verona. And it's the Township of Verona's request that25 7 this board not allow this application as it has been1 presented. The application should not be approved and2 the basis of that goes way back. It's

a. And it's the Township of Verona's request that25 7 this board not allow this application as it has been1 presented. The application should not be approved and2 the basis of that goes way back. It's a historic basis.3 On September 25, 1980 the predecessor to the property4 owner or the applicant applied to Verona Planning Board5 for preliminary site plan approval. Was granted that6 preliminary site plan approval and subsequently got7 final site plan approval on July 28, 1983. And at that8 time the developer agreed to place deed restrictions on9 the property that is partially part of the property that10 is the subject of this development. And the developer11 agreed to do that as a condition of the approval of the12 Verona Planning Board. I had provided Jamilet earlier13 today with copies of the 19 -- September 25, 198014 resolution and the July, 28, 1983 resolution. And I15 just want to --16 CHAIRMAN BAGOFF: I'm going to interrupt for17 a second. Was the Township of West Orange, the West18 Orange Planning Board a signatory or involved in this19 agreement?20 MR. MASCERA: Yes. Congenitally absolutely.21 Because they were incorporated by reference that the22 applicant needed final site plan approval from the23 Township of West Orange.24 CHAIRMAN BAGOFF: Was the Township of West25 8 Orange and the Planning Board of West Orange involved in1 this specific agreement where we participated, a working2 participant, in the methodology used to create that3 agreement?4 MR. PLOCKER: It's a resolution. I'm sorry5 for interrupting.6 MR. MASCERA: No, but it is my understanding7 that they presented the same plan and had those8 conditions because it is referenced in the 19839 resolution. In fact it's more complex than that.10 CHAIRMAN BAGOFF: Whose resolution?11 MR. MASCERA: It's Verona's resolution.12 CHAIRMAN BAGOFF: Verona's resolution.13 MR. MASCERA: But it was subject to -- there14 was also litigation and there was also a --15 CHAIRMAN BAGOFF: So was the Township of16 West Orange and the Planning Board of West Orange17 obligated in any way, except through resolution between18 the Township of Verona and the applicant --19 MR. MASCERA: Well, they're obligated to20 provide sewer through this resolution, yes. There's a,21 like I said, it's more complex than, that what,22 respectfully, you're suggesting. Part of the23 application was that Verona was to supply sewer to

ide sewer through this resolution, yes. There's a,21 like I said, it's more complex than, that what,22 respectfully, you're suggesting. Part of the23 application was that Verona was to supply sewer to --24 sewer services to the lots that were in West Orange and25