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

29 of 33 sheets Page 113 to 116 of 130 09/16/2025 06:29:53 AM 113 filed. That's real simple. And I would just like them1 in the record. You already got them. They're not2 marked, they're not noticed, they're not even3 identified.4 MR. PLOCKER: Again, I'm going to object.5 If they want documents in the record the objector has6 counsel.7 THE PUBLIC: Well, I would like to hear from8 the Chair and the Planning Board attorney if necessary9 because they're already on record, they're just not in10 the record.11 MS. McGOVERN: So you're talking about the12 meetings that happened -- that never happened, because13 it was cancelled. You're talking about meetings that14 never happened because they were cancelled. So they're15 not part of the record.16 MR. AFRAN: We're arguing --17 MS. McGOVERN: A whole new notice went out18 and it was begun, I don't remember the exact date, I19 don't have my notes. But whatever took place before it20 never got started, so it's not part of the record.21 THE PUBLIC: But it should be part of the22 application filed June 25.23 MS. McGOVERN: No. No.24 THE PUBLIC: Why?25 114 CHAIRMAN BAGOFF: Because the application1 wasn't presented.2 MS. McGOVERN: At that point -- I know what3 you're talking about. You're talking about the4 ordinance that was drafted and approved by the council,5 they neglected to send it to the county planning board.6 THE PUBLIC: Right.7 MS. McGOVERN: And that was corrected and so8 then this started after that was corrected. So whatever9 took place before has no relevance to this.10 THE PUBLIC: Well, then why would it not be11 part of the application from the date it was filed?12 MS. McGOVERN: Because it's not relevant.13 It's got nothing to do with us going forward with this14 that started last July.15 THE PUBLIC: Okay. Well, so they won't be16 marked, they won't be part of the record of these17 hearings?18 MS. McGOVERN: Correct.19 THE PUBLIC: Okay.20 MR. AFRAN: Let me clarify one thing, if I21 may. I can profer them and have them marked for22 identification purposes, even if the board declines to23 admit them into evidence.24 MS. McGOVERN: You want to do that, yes.25 115 MR. AFRAN: And I can do that at a certain1 point.2 MS. McGOVERN: Absolutely.3 THE PUBLIC: Fine. Thank you.4 This is an ongoing discussion for some5 reason, and I'm not sure why. But the last minutes6 transcripts that were posted in this matter were

.2 MS. McGOVERN: Absolutely.3 THE PUBLIC: Fine. Thank you.4 This is an ongoing discussion for some5 reason, and I'm not sure why. But the last minutes6 transcripts that were posted in this matter were in7 January. Our experts didn't begin until February, there8 are no transcripts. I understand we're supposed to9 listen to audio, that's great. Some of us are impaired,10 that's okay. I'm one of them by the way. It's not of11 any use in this room, because I can't hear anyway. But12 there are no transcripts released since January. Our13 experts began testifying in February. Our experts at14 some point will rely on other experts, there's no15 minutes in the record, there's no transcripts.16 As far as minutes are concerned, the17 Planning Boards own rules and procedures and Municipal18 Land Use Law call for minutes. This is the only19 application in town that doesn't have minutes and I20 pointed out an e-mail which was sent out earlier this21 week, there's an application here that's got one single22 family, 75 pages worth of minutes taken at a couple of23 meetings for one lot. You all must be familiar with it.24 They're special meetings. We've been here for 1625 116 meetings, there's no minutes. How is that a proper1 record in conformance with this the Municipal Land Use2 Law. I cited it for you, the Planning Boards own rules3 and procedures. How is that okay, and if it's not okay4 and this night is going to be different than every other5 night, I'd like that on the record. That's all.6 MS. McGOVERN: Let me respond.7 THE PUBLIC: We would like minutes taken and8 certified and issued so we can see them. Transcripts9 are insufficient and they're not timely.10 MS. McGOVERN: The transcripts are11 sufficient.12 THE PUBLIC: Well, they're sufficient --13 MS. McGOVERN: Under the statute that14 requires minutes, N.J.S.A. 40:55D-9 Section C, "Minutes15 of every regular or special meeting shall be kept and16 shall include the names of persons appearing and17 addressing the municipal agency and of the persons18 appearing by attorney, the action taken by the municipal19 agency, the findings, if any, made by it and reasons20 therefor." What the transcript provides is all of that21 necessary information and then some. And what we have22 is case law that then goes into interpreting that and in23 a reported decision, Mahwa Reality Associates v.24 Township of Mahwa, decided on July

necessary information and then some. And what we have22 is case law that then goes into interpreting that and in23 a reported decision, Mahwa Reality Associates v.24 Township of Mahwa, decided on July 5, 2011 and cited in25