October 29, 2025, Planning Board Special Meeting - WEHI Transcript

35 of 59 sheets Page 137 to 140 of 149 11/19/2025 04:42:31 PM 137 zoning ordinance, Ms. Klein.1 THE PUBLIC: Thank you.2 CHAIRMAN BAGOFF: Thank you.3 Any other member of the public have any4 questions on the testimony? Please come up.5 THE PUBLIC: Justin Goldsmith. I just have6 a question to you, you're with Heyer Gruel?7 THE WITNESS: Yes.8 THE PUBLIC: Last night at the council9 meeting a contract was renewed for Heyer Gruel for10 $14,800 as it relates to services rendered toward the11 Planning Board. I specifically asked last night at the12 council board -- at the council meeting what the role13 and -- can you say your name?14 THE WITNESS: Malvika Apte, you can call me15 Ms. Apte.16 THE PUBLIC: So in that agreement is that we17 would have two planners and I asked the differentiations18 of Malvika Apte and Megan Adam who would be the two19 designated coordinated people from Heyer Gruel to20 preside over this. My question is, can you shed some21 light on as to what your role specific to West Essex22 Highlands is, because I did not get an answer at the23 council meeting last night and why we're paying for the24 services of two members when I don't see the other25 138 member here? Those are my questions.1 CHAIRMAN BAGOFF: Okay. Our attorney is2 going to answer that very quickly.3 MS. McGOVERN: So Megan Adam has the4 affordable housing forth round plan. She's not a5 certified planner so, I think at this point, I think her6 license is pending. She is assisting Mr. Gruel on the7 fourth round plan.8 THE PUBLIC: The contract last night9 respectfully was for a contract not related to the10 fourth round housing of it.11 MS. McGOVERN: She may do background work in12 terms of research, but the person who comes to testify13 has to be the licensed planner, and that's Ms. Apte.14 THE PUBLIC: Understood. So can you please15 shed some light, since I did not get an answer last16 night when I asked what is your role in helping with us17 moving forward or not moving forward on this project.18 Because it was outlined --19 CHAIRMAN BAGOFF: I don't know she was there20 last night. I don't know if she would have the answer,21 the information she's not privy to.22 THE PUBLIC: Okay. Can you please state for23 the record what your role is as a representative of24 Heyer Gruel related to the West Essex Highlands proposal25 139 and our zoning components?1 CHAIRMAN BAGOFF: That's fair

Can you please state for23 the record what your role is as a representative of24 Heyer Gruel related to the West Essex Highlands proposal25 139 and our zoning components?1 CHAIRMAN BAGOFF: That's fair enough.2 THE PUBLIC: Thank you. Thank you, I3 appreciate it.4 THE WITNESS: So I'm the consulting board5 planner for the Planning Board.6 THE PUBLIC: And that entails?7 THE WITNESS: That entails the review of8 this application, the testimony and providing the board9 with testimony that I provided.10 THE PUBLIC: Thank you. I was just asking11 because last night I did not get an answer.12 CHAIRMAN BAGOFF: Fair.13 Any other members of the public have any14 questions?15 Go on, please.16 THE PUBLIC: It's different testimony, I17 mean, I have two questions, they're thought out. I'm18 not going --19 CHAIRMAN BAGOFF: Go ahead.20 THE PUBLIC: I'm going to ask straight21 forward questions.22 So you were talking about concept plan and23 site plans. Concept plan, you testified that it was24 attached to the settlement agreement, correct? So is25 140 this from -- is there mixed use allowed here, such as1 units and a business? Because during the testimony2 there was citing of a dog kennel which you said was not3 on the concept plan but now on the site plan.4 THE WITNESS: No, I believe I said that there5 was a dog kennel on the concept plan and I believe it6 has been shown on the site plan also. And in the7 ordinance it's permitted as an accessory use.8 THE PUBLIC: So it's permitted as a business9 use you're saying?10 MR. PLOCKER: I think I can clarify -- help11 move things along in response to Mr. Weisleder's12 question. May I --13 THE PUBLIC: You may, sure.14 MR. PLOCKER: -- Mr. Chairman?15 CHAIRMAN BAGOFF: Mr. Plocker.16 MR. PLOCKER: The applicant will agree to a17 condition of approval, it was not meant to be used18 outside the development. It will not be a commercial19 use, it would be an amenity for on-site development20 that's the subject of this application.21 THE PUBLIC: Okay.22 My other question is -- thank you, Mr.23 Plocker.24 MR. PLOCKER: You're welcome.25

11/19/2025 04:42:31 PM Page 141 to 144 of 149 36 of 59 sheets 141 THE PUBLIC: My other question is, the1 heights of the building, were they, you mentioned they2 were all in the concept plan, I forget what you said?3 THE WITNESS: So what I said is the4 ordinance permits the maximum height of 75 feet in this5 zone. The concept plan, again, it's attached to this,6 it's not very legible but it doesn't talk about what the7 proposed height is, because I believe it was a concept8 plan then. But I believe the site plan and the9 architectural plan talks to the height of the building,10 the proposed height of the building is 47.5 and they11 meet the ordinance.12 THE PUBLIC: Okay.13 And on the concept plan, the site plan with14 regard to Building D, was there any other units shown15 with a rooftop terrace?16 THE WITNESS: So the concept plan, again,17 was schematically drawn, so it doesn't get to the18 details of showing roof terraces, but I believe the site19 plan showed that.20 THE PUBLIC: And you're familiar that21 Building D only has one rooftop terrace?22 THE WITNESS: I believe so, yes.23 THE PUBLIC: Okay. Thank you.24 CHAIRMAN BAGOFF: Thank you.25 142 Would anyone else from the public have a1 question about the testimony? Seeing none.2 Thank you very much.3 Mr. Afran, after hearing all this, do you4 have any expert you would like to testify?5 MR. AFRAN: I don't know why I have to keep6 saying this. I have said specifically we need to see7 CME's testimony and the geotechnical issues. I also8 said that based on the report that was filed today, CME9 is asking the applicant for very substantial additional10 submissions and therefore we don't know until we hear11 CME testify and we hear what the applicant has to say in12 response. I just can't answer that.13 MR. PLOCKER: And in response to that, Mr.14 Chairman.15 CHAIRMAN BAGOFF: Go right ahead.16 MR. PLOCKER: One of the items that was17 referenced in that report, which will be testified to at18 the next meeting, we believe was done and it just may19 have been an oversight. So that's something that we're20 going to figure out, because like Mr. Afran, we did21 receive the report today.22 MR. AFRAN: I'm not saying yes or no whether23 they were done or not. I'm just saying we just can't24 tell because we hadn't had a chance to go over it.25 143 CHAIRMAN BAGOFF: Okay. How long do you1 need to go over them?2 MR. AFRAN: When

whether23 they were done or not. I'm just saying we just can't24 tell because we hadn't had a chance to go over it.25 143 CHAIRMAN BAGOFF: Okay. How long do you1 need to go over them?2 MR. AFRAN: When is CME going testify?3 MS. McGOVERN: They're coming the meeting,4 November 10.5 MR. PLOCKER: Mr. Chairman, it was my6 understanding that the CME from here on out it would be7 the last word as the boards advisor. We are not talking8 about any additional witnesses, I don't think, are we?9 MR. AFRAN: Well, we don't know what CME is10 going to say yet. If they introduce new materials it11 might monk that. I'm not looking for it, but we can't12 say for sure there can't be anymore testimony. We need13 to hear what CME says. We have to review it. I don't14 believe Mr. Plocker and I had a chance to go over it in15 detail.16 CHAIRMAN BAGOFF: During your review from17 today and then you will see if you need to have any18 other testimony.19 MR. AFRAN: Look, I can't guarantee20 anything, but I am sure between November 10 we can21 review those issues, provided Mr. Goll is available and22 I am sure he will be available during that period.23 CHAIRMAN BAGOFF: Contact the board attorney24 and let her know.25 144 MR. AFRAN: As soon as we have an answer,1 yes. But also remember, it does depend on what CME2 testifies to. I can't give --3 CHAIRMAN BAGOFF: I understand. That's one4 testimony. I'm trying to figure out if there's anything5 else --6 MR. AFRAN: The only other thing that came7 about, Mr. Plocker submitted, I'm not faulting the8 timing, the additional documents from the 19809 agreement. I have to read them, I haven't read them.10 CHAIRMAN BAGOFF: Trying to do some magic,11 because the holidays are coming and the board and you12 guys have families.13 MR. AFRAN: I just need to read that to make14 sure it doesn't create any factual issues.15 CHAIRMAN BAGOFF: Right.16 MR. AFRAN: I'll try to get this all done17 before November 10 and get an answer.18 CHAIRMAN BAGOFF: Thank you.19 MR. AFRAN: I do have a question on20 management. Now, obviously it was made known originally21 that public comment would be part of the evening today,22 we assumed CME would testify and that would have been23 done earlier. I am not criticizing CME, I know things24 happen. A lot of people did come out, many not here25

37 of 59 sheets Page 145 to 148 of 149 11/19/2025 04:42:31 PM 145 now, they were here earlier, it's hard on those who come1 out thinking finally after --2 CHAIRMAN BAGOFF: If I may, testimony has to3 be given and questions --4 MR. AFRAN: I'm not criticizing. I5 understand.6 CHAIRMAN BAGOFF: Thank you. Appreciate7 that.8 MR. AFRAN: Problem is if we say November 109 will be more time for community comment, seems unlikely10 because you have the fourth round affordable housing,11 then we have the CME testimony which will obviously take12 time. So I don't want to have the public come out again13 on November 10 because realistically seems to me we are14 not likely to get to the public comment.15 CHAIRMAN BAGOFF: I don't know yet and it's16 posted on the website.17 MR. AFRAN: So I want to stress, it's hard18 for groups of organized people to come out. People come19 out on their own to come and find they can't speak. I'm20 not complaining, I know it happens but the public may21 not. So we're concerned that perhaps there should be a22 definitive date at some point that no matter what else23 will be devoted to --24 CHAIRMAN BAGOFF: Unfortunately we have to25 146 have all testimony before public comment. So that's1 what I am trying to find out if there's anybody else.2 We are working hard so we can achieve this.3 MR. AFRAN: I'm not complaining.4 CHAIRMAN BAGOFF: We appreciate the public5 is very understanding.6 MR. AFRAN: And we've encouraged them to be7 understanding. We are trying.8 CHAIRMAN BAGOFF: Okay. Good.9 MR. AFRAN: Do we have any idea on the 10th10 what time we think we will reach this case, any concept?11 CHAIRMAN BAGOFF: No. Sorry.12 MS. McGOVERN: I would not get here before13 seven.14 MR. PLOCKER: Dr. Bagoff, can I say one more15 thing.16 CHAIRMAN BAGOFF: Mr. Plocker.17 MR. PLOCKER: In response to a comment made18 by one of the members of the public about the board19 posting the transcripts, in two seconds I was able to20 locate every single transcript from prior tonight or21 close to it. I didn't count everyone, but they looked22 to be a complete set of transcripts.23 CHAIRMAN BAGOFF: There was testimony also24 on July 30.25 147 MS. McGOVERN: On July 30.1 CHAIRMAN BAGOFF: So it's all there. It's2 all there.3 The next Planning Board regular meeting will4 be held on November 5, 2025 7:30 PM via zoom. The next5 special meeting will be held November 10, 2025

AIRMAN BAGOFF: So it's all there. It's2 all there.3 The next Planning Board regular meeting will4 be held on November 5, 2025 7:30 PM via zoom. The next5 special meeting will be held November 10, 2025 at 6:006 o'clock PM in council chambers.7 (Hearing concludes at ten 10:22 PM.)8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 148 C E R T I F I C A T E1 I, ERIC S. FISHMAN, a Shorthand Reporter2 and Notary Public of the State of New Jersey do hereby3 certify that the foregoing is a true and accurate4 transcript of the testimony as taken stenographically by5 and before me at the time, place and on the date6 hereinbefore set forth, to the best of my ability.7 I DO FURTHER CERTIFY that I am neither a8 relative nor employee nor attorney nor counsel of any of9 the parties to the action; and that I am neither a10 relative nor employee of such attorney or counsel; and11 that I am not financially interested in the action.12 13 14 ---------------------15 ERIC S. FISHMAN, S.R.16 17 18 19 Dated:__________________20 21 22 23 24 25

11/19/2025 04:42:31 PM Page 149 to 149 of 149 38 of 59 sheets 149 SIGNATURE PAGE/ERRATA SHEET1 2 WITNESS: CASE REFERENCE:3 4 INSTRUCTIONS TO WITNESS5 After you have read your transcript, please note any errors in transcript6 on this page. Do not mark on the transcript itself. Please sign and date this sheet as indicated below. If additional lines are required for corrections, attach additional sheets.7 ----------------------------------------------------------------------------------------------8 ERROR OR AMENDMENT/REASON FOR CHANGE 9 ---------------------------------------------------------------------------------------------- Page Line.10 ----------------------------------------------------------------------------------------------11 12 13 14 15 16 17 18 19 20 21 I have read my transcript and subscribed to its accuracy, to include the22 corrections or amendments noted above or hereto attached: 23 ----------------------------------------------------------------------------------------------24 Signature of Witness Date 25

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