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

09/16/2025 06:29:53 AM Page 13 to 16 of 130 4 of 33 sheets 13 Mascera is referring to, is referencing a contract, it1 looks like to provide water and sewage to the single2 family homes. So I don't see how that, one it seems3 like it's a separate legal issue that may be better4 raised in another forum.5 But two, it has nothing to do with this6 specific application. I understand Mr. Mascera's7 argument. He is saying that the emergency access8 through two of the currently undeveloped single family9 lots is not permitted. We take a very different view.10 But, again, this Planning Board in West Orange is not11 the forum to litigate that.12 CHAIRMAN BAGOFF: Thank you.13 Mr. Mascera, I'm going to say this and Mr.14 Afran can object, but we understand what you're saying.15 I recommend that we get a copy of the agreement to Ms.16 McGovern so she could look at it, so we could see what17 the operative parts are, and one of the things is the18 Planning Board will take notice of it or the other thing19 is we may recommend you seek another judicial authority20 to take reference to it and we may have no standing.21 We're an innocent bystander so to speak, so until we22 have that information and can make a better decision,23 you can finish what you have to say.24 MR. MASCERA: Dr. Chairman, thank you.25 14 Going back, and I just wanted to highlight one other1 paragraph in the September 25, 1980 preliminary site2 plan approval. Paragraph 16 says --3 CHAIRMAN BAGOFF: Is this from Verona or4 West Orange?5 MR. MASCERA: This is from Verona.6 CHAIRMAN BAGOFF: This is from Verona.7 MR. MASCERA: That any change in the West8 Orange portion, West Orange portion of this tract with9 regard to lot arrangement, road layout, utility easement10 and storm drainage not specifically approved by this11 board will void this approval.12 CHAIRMAN BAGOFF: And that is something for13 higher legal authority to adjudicate, not us. I14 understand what you're saying and we take notice of it.15 So we would like to see the original resolution and16 understand and then Ms. McGovern will weigh in on it17 and, again, we'll make a decision how we take that18 information.19 MR. MASCERA: Okay. Dr. Chairman, thank20 you. We respectfully request that you do take that into21 account as a good neighbor. And then you keep in mind22 that this developer, the successor to the owner, is23 trying to take actions that

nk20 you. We respectfully request that you do take that into21 account as a good neighbor. And then you keep in mind22 that this developer, the successor to the owner, is23 trying to take actions that violate the approval24 conditions adopted by the Verona Planning Board and they25 15 are intentionally doing that and suggesting that they do1 not apply to this application and we take issue with2 that. Respectfully.3 CHAIRMAN BAGOFF: I have that and the Verona4 Planning Board always has stance, legal stance on their5 own. We will see where we sit with this.6 MR. MASCERA: And one further request would7 be --8 CHAIRMAN BAGOFF: Go right ahead, sir.9 MR. MASCERA: If the board chooses to10 approve this application, Verona respectfully requests11 that it be subject to appearing before the Verona12 Planning Board to review the conditions in the Verona13 Planning Board resolution.14 CHAIRMAN BAGOFF: I will also take that15 under advisement. We've never done that before and I16 don't know that we have the authority to do that. So we17 only want to do things that are in our ordinance and the18 prevailing law, but I thank you very much.19 MR. MASCERA: Thank you for hearing me20 tonight.21 CHAIRMAN BAGOFF: Thank you.22 MR. PLOCKER: May I, Mr. Chairman, for the23 record.24 CHAIRMAN BAGOFF: Mr. Plocker.25 16 MR. PLOCKER: It is the applicants position1 that if this board were to approve the application and2 grant emergency access through the proposed, the two3 single family lots as proposed, that it would not4 violate any prior approval from Verona or anywhere else.5 I just wanted to make that clear for the record.6 CHAIRMAN BAGOFF: Thank you, Mr. Plocker.7 Mr. Afran.8 MR. AFRAN: And it is the objectors position9 that on a separate aspect of that question that the10 access road in Lots 8 and 9, which is in a single family11 residential zoning district, is improper and illegal12 because it's an accessory use only to the single family13 residences, it could be built on Lots 8 and 9. It is14 not a valid accessory use to serve another zoning15 district such as this multifamily zoning district, and16 therefore the application is not complete because a use17 variance is first required to run a road through Lots 818 and 9, because it's not an accessory use to serve19 another zoning district. And therefore regardless of20 the resolution, I respect Mr. Mascera's testimony, there21 is

to run a road through Lots 818 and 9, because it's not an accessory use to serve19 another zoning district. And therefore regardless of20 the resolution, I respect Mr. Mascera's testimony, there21 is a completely separate question dealing with the same22 set of facts. That there is no use variance applied23 for. This board can't grant it and it is not a valid24 accessory use because it's an accessory use in another25