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

3 of 33 sheets Page 9 to 12 of 130 09/16/2025 06:29:53 AM 9 this subdivision, which includes part of this applicants1 property.2 CHAIRMAN BAGOFF: Just For the record,3 you're speaking about the High Tor subdivision?4 MR. AFRAN: Mr. Chairman, you have to speak5 up. We can't hear you.6 CHAIRMAN BAGOFF: I'm sorry.7 Were you talking about the High Tor8 subdivision?9 MR. MASCERA: The High Tor Estates which10 include Howell Drive and Slayback Terrace.11 CHAIRMAN BAGOFF: I want to be clear because12 I think we're going a little left of center here. So13 the High Tor is a, is a project that was completed that14 has, that was approved in part by Verona, in part by15 West Orange. As I recall from the previous application,16 there was no access to the High Tor from West Essex17 Highlands into Verona.18 MR. MASCERA: Correct.19 CHAIRMAN BAGOFF: Correct. So this is a20 different application --21 MR. MASCERA: Correct.22 CHAIRMAN BAGOFF: -- And is this application23 in any way noted in that resolution?24 MR. MASCERA: Did this application start?25 10 CHAIRMAN BAGOFF: No, in that resolution.1 MR. AFRAN: Well, that resolutions from2 1980, so.3 MR. PLOCKER: Does he represent him or not?4 MR. MASCERA: No, but --5 MR. AFRAN: No, but -- excuse. But I am6 entitled to raise, as objectors counsel, an objection to7 the nature of the question, even though I don't8 represent Mr. Mascera.9 MR. PLOCKER: I have a lot of objections,10 Mr. Afran, but I'm staying quiet for right now.11 MR. AFRAN: Well, that may be, but I don't12 necessarily follow that philosophy.13 MR. PLOCKER: Apparently not.14 CHAIRMAN BAGOFF: The goal is that the board15 -- the goal is that the board understands what our16 obligation is. If A, under this resolution of the17 Township of Verona, because I imagine that's why Mr.18 Mascera is speaking to us. So Mr. Mascera --19 MR. MASCERA: Thank you, Doctor.20 Doctor, one of -- Paragraph 5 of the 198321 resolution provides that the Township of Verona supply22 water to the proposed development and sewage connections23 to it's present sewage facilities to those homes24 constructed within the West Orange part of the25 11 development as contemplated in the contract entered into1 between the Township of Verona dated December 20, 19822 and the resolution of the Township of West Orange dated3 December 21, 1982. Respectfully, I think it would be4 disingenuous to say West Orange can

tween the Township of Verona dated December 20, 19822 and the resolution of the Township of West Orange dated3 December 21, 1982. Respectfully, I think it would be4 disingenuous to say West Orange can wash it's hands of5 the terms of this resolution.6 CHAIRMAN BAGOFF: I didn't say that. I'm7 trying to get information to see how this -- this8 resolution specifically, I don't have it yet, is for the9 High Tor --10 MR. MASCERA: And part of this application11 has -- proposes a cut through to the High Tor section.12 One of the lots is proposing a cut through was in this13 High Tor subdivision.14 And going now to the deed restriction aspect15 of it, the owner, Paragraph 9 of the preliminary site16 plan approval says, that a "Restrictive covenant be17 placed in a deed of each individual lot in the entire18 development against any use other than one family home."19 So a cut through -- a road is not a one family home.20 They would be violating the terms of the resolution. As21 a board member, they did not file the restriction, the22 deed restrictions, so they are in violation of the terms23 of these resolutions.24 Now, what you're alluding to I believe is25 12 that this Planning Board has no obligation to honor the1 terms of this resolution. That is the prevailing law,2 there is no obligation. However, in this circumstance3 where West Orange and Verona had a contract between them4 and two resolutions approving this development, that,5 even though there is no legal obligation, there is an6 obligation as a neighboring town to honor the commitment7 of a previous -- of a developer pursuant to the8 approval.9 CHAIRMAN BAGOFF: Mr. Mascera, you just said10 that West Orange and Verona had a contract between them?11 MR. MASCERA: Correct.12 CHAIRMAN BAGOFF: So the Township of West13 Orange council signed some contract with the Township of14 Verona, is that what you're saying?15 MR. MASCERA: That's what I just read,16 Paragraph 5 of the resolution. There was a contract17 resulting from this development.18 CHAIRMAN BAGOFF: Would you provide the19 contract.20 MR. MASCERA: I will try in the archives,21 but it's referenced in the resolution.22 MR. PLOCKER: The contract regards -- excuse23 me, may I Mr. Chairman.24 Paragraph 5 of the resolution, what Mr.25