July 16, 2025, Planning Board Special Meeting Transcript - WEHI

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 91 THE WITNESS: I would describe this as one of the larger storms. Certainly seen this multiple times, you know, this amount. I have not seen for instance that green that was in the distance further out which I described as, you know, 172 yards roughly. I have not seen that green underwater. Mainly because it's a little bit higher than some other things, the water spreads out before that happens. And to say, as I testified in the last meeting, basically it's not as common to see water going over Oval Road. You see a little bit in the video at the beginning where you see a little bit of ponding on the left and the right shoulder of Oval Road. I have seen that at least five times, but I have not seen it, and this is sort of what you're seeing on the video which is at the height, I have not seen it regularly above that. THE PUBLIC: Thank you. CHAIRMAN BAGOFF: Thank you. Any other members of the public have any questions for Mayor Davis? Please come up and identify yourself. THE PUBLIC: Laura Masci, I'm from Montclair, New Jersey. My question Mayor Davis is, is that area where the water is going on the golf course, is that

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 92 identified as FEMA wet plains? THE WITNESS: I can't testify to the entire length of it, but, yes, the Canoe Brook is mapped. There's both mapped wetlands, I can testify to because I'm in the middle of that with our project site and our existing buildings. There's a lot -- we had to, as part of our of project, map that area. And so, yes. I'm not a stormwater expert, I can't testify as to which FEMA map, but that is no question a protected wetlands halfway through and it is, I believe, mapped on the FEMA maps of the floodplain. CHAIRMAN BAGOFF: Thank you. Is there any other members of the public who have any questions of Mayor Davis on his testimony, please come up? Seeing none. Thank you very much, Mayor Davis. THE WITNESS: Thank you very much. CHAIRMAN BAGOFF: We're going to take a five minute break now. (Whereupon, a short recess is taken. MR. AFRAN: Hang you, Mr. Chairman. I think we have only two other witnesses this evening, Ann Marchioni, who is here, I didn't expect she was here today, I thought that she was coming on the 30th, which

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 93 is very convenient, so I'll call -- ask Ms. Marchioni from the Essex County Environmental Commission. She intends to read a statement from the commission of which she is a member of. CHAIRMAN BAGOFF: Okay. THE PUBLIC: Thank you. Thank you so much. I am a member of the Essex County -- MS. MCGOVERN: Do you swear or affirm to tell the truth the whole truth nothing but the truth. THE WITNESS: I do. MS. MCGOVERN: Please put you name on the record and spell your last name, please. THE WITNESS: Ann Marchioni, M-A-R-C-H-I-O-N-I. A N N M A R C H I O N I, having been duly sworn under oath testifies as follows: CHAIRMAN BAGOFF: Go right ahead. THE PUBLIC: I am a member of the Essex County Environmental Commission and we past this resolution -- MR. KLEIN: You've got to yell. Forget the microphone, it's not picking up the volume. Okay. THE PUBLIC: Resolution of the Essex County Environmental Commission requesting that the Township of West Orange support the preservation of the forest of

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 94 the Second Watchung Mountain Ridge. Whereas: These 120 acres of impacted forest are significantly out of the West Essex area. And -- Whereas: The forest provides biodiversity groundwater recharge, clean air and common storage. And -- Whereas: This area provides natural habitats for pollenating, birds and other wildlife area -- or wild life. And -- Whereas: This area serves clean water to towns in Essex County communities and reduces flooding and erosion. And -- Whereas: The area serves as a major cooling zone to offset the humidity and effect. And -- Whereas: This area increased open space in an area with little open space. And now therefore be it resolved Essex County Environmental Commission respectfully requests the Township of West Orange reject the proposed housing development and instead permanently preserve the forest on the Second Watchung Mountain Ridge Forest. Thank you. MR. AFRAN: Could you just state the date on that resolution? THE WITNESS: I did not state the date.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 95 MR. AFRAN: Do you know the date? THE WITNESS: I have to look at a calendar. First Monday of June. MR. AFRAN: Thank you. The witness said first Monday of June. MR. KLEIN: June 2? THE WITNESS: I think so, yes. MR. KLEIN: All right. CHAIRMAN BAGOFF: Okay. MR. AFRAN: Thank you. Should we mark that document as an objectors exhibit or the statement is sufficient? MS. McGOVERN: It's not really -- MR. AFRAN: It's not really a objector document. MS. McGOVERN: Yeah, she read it fully into the record, so I don't think it needs -- CHAIRMAN BAGOFF: It's not an exhibit because it's a statement from the commission. MS. McGOVERN: Right. CHAIRMAN BAGOFF: Okay. Good. Thank you. MR. AFRAN: I just want to briefly call John Hadu as a witness for authentication of the video Mayor Davis testified to. MS. McGOVERN: Do you swear or affirm to

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 96 tell the truth the whole truth nothing but the truth. THE PUBLIC: I do. MS. McGOVERN: Please state your name and spell your last name. THE WITNESS: John Haydu, H-A-Y-D-U. J O H N H A Y D U, having been duly sworn testifies as follows: MR. GAURINO: It says December 28. THE WITNESS: It's the 18th. MS. McGOVERN: Well, he's going to say it. MR. AFRAN: Mr. Haydu, your name appears in the lower left corner where it says, Haydu Flooding. What is your connection to this video, please? THE WITNESS: I took the video on December 18, 2023 at 7:50 AM. MR. GUARINO: Then why does it say December 28? MR. AFRAN: The witness is pointing and I don't know how to get it into the record. The cellphone version of the video which contains the following information, Essex Fells Country Club, December 18, 2023, 7:50 AM. What does that reference on your cellphone? THE WITNESS: That's from my iPhone. That tells me when I took the video.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 97 MR. AFRAN: There is a date apparently on the screen of December 28, are you aware of what that date is and what it means on the screen? I can't see it from here but members of the board say they see December 28. THE WITNESS: Yeah, might -- MR. KLEIN: It's in the title of the video. THE WITNESS: Might be a typo. MR. KLEIN: The time is there too, 7:52. CHAIRMAN BAGOFF: We're going to take his testimony because he took it, so whatever he says. You got a difference of five days. MR. KLEIN: Ten days. CHAIRMAN BAGOFF: Maybe a typo. Sir, you took the video? THE WITNESS: Yeah. I didn't do the wording, I took the video. CHAIRMAN BAGOFF: So that's what I said, you will testify to when the video was taken based on your records. THE WITNESS: Yes. CHAIRMAN BAGOFF: Go right ahead, sir. MR. AFRAN: You heard Mayor Davis's testimony? THE WITNESS: Yes.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 98 MR. AFRAN: And did you hear his description of the different scenes in the video as the video was played? THE WITNESS: Yes. MR. AFRAN: Do you have any disagreement or dispute how he characterized the location in various points of the video? THE WITNESS: No. MR. AFRAN: Thank you. That concludes my examination. CHAIRMAN BAGOFF: Does it say the date? I asked you to say the date, please. MR. AFRAN: Would you recite, again, the date you took this video? THE WITNESS: December 18, 2023 at 7:50 AM. MR. AFRAN: Would you be willing to provide a screen capture of your iPhone screen that contains that information? CHAIRMAN BAGOFF: We trust him. MR. AFRAN: I withdraw that proffer. MS. McGOVERN: I have one question. Was that video edited or stopped or added, things added to it at all or is that one continuous video? THE WITNESS: Neither. I have nine videos from that day. I have taken other videos also.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 99 MS. McGOVERN: Okay. The video we saw, was that one continuos video or was that a compilation from other videos? THE WITNESS: No. So what happened, we took my videos and put them on this, so that was put together. MS. McGOVERN: So that's -- THE PUBLIC: That's all separate videos. MS. McGOVERN: -- separate videos consolidated into one video? THE WITNESS: Correct. So I think the 28th is supposed to be the 18th. It's a typo. MS. McGOVERN: Yeah, we're past that. I just wanted to know whether this video -- you stood there with your phone -- THE WITNESS: No, I took like four or five videos and there's video too, I guess you can't listen to video, but you can hear how wet it is. I'm actually walking through about a foot of water at the time. MS. McGOVERN: All the videos that were spliced together were all from the same day? THE WITNESS: Correct. MS. McGOVERN: Okay. MR. AFRAN: That concludes my examination of Mr. Haydu. Unless there are questions.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 100 CHAIRMAN BAGOFF: Thank you very much. THE PUBLIC: Thank you. MR. AFRAN: If the board would like the individual who actually did the compilation and put the subtitle in, is here and could explain the date reference -- CHAIRMAN BAGOFF: I think we're good. Thank you very much. Any member of the board have any questions? No. I think we're good. MR. AFRAN: We do have one final witness, that is Marea DePalma. She testified last hearing but didn't have the video footage of the fire scene in general. She does have the video now that she wishes to speak to. CHAIRMAN BAGOFF: I want to say for the future any videos, documents must be presented before the hearing. Can't do this at the night. Not going to work any more. MR. AFRAN: Understood. CHAIRMAN BAGOFF: To much to make everything working perfectly plus zoom. Must be presented before to get everything out to the public. MR. AFRAN: I appreciate that. We'll work