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

11/19/2025 04:42:31 PM Page 5 to 8 of 149 2 of 59 sheets 5 MS. McGOVERN: I have.1 MR. PLOCKER: Before Mr. Walsh goes, there's2 something that I submitted to the board that I would3 like to have marked and entered into the record. I4 don't know if we could do this now or do it later.5 MR. AFRAN: Do I know what that is?6 MR. PLOCKER: It's on the agenda. The board7 had requested that we provide the legal documents8 regarding the rights and obligations of Oval Road.9 MR. AFRAN: Sure.10 MR. PLOCKER: So I did send that to the11 board. It's posted to the agenda. I just think, in12 full disclosure, we should put that on the record, have13 it marked as an exhibit.14 MR. AFRAN: I have no objection subject to15 looking at it and seeing if there's anything that's a16 surprise.17 MR. PLOCKER: I will show it to Mr. Afran.18 CHAIRMAN BAGOFF: We'll mark that in a19 minute.20 MS. McGOVERN: O-30 is Princeton Hydro. I21 am looking for the applicants exhibit markings. I think22 it's A-7 for the applicant and what are we describing23 that as? Mr. Plocker, what am I describing that as.24 MR. PLOCKER: I'm just going to give Mr.25 6 Afran a chance to review the document first.1 CHAIRMAN BAGOFF: Go right ahead.2 MR. AFRAN: I just need a moment. I3 downloaded this earlier but it's a long document, I4 couldn't read the whole thing.5 CHAIRMAN BAGOFF: Okay.6 Mr. Plocker, tell us what it is while he's7 reviewing it?8 MR. PLOCKER: Yeah, so I actually filed two9 documents, I had a cover letter dated October 22, 202510 and that attaches a publically recorded document11 entitled, Declaration of Easement and Right-Of-Way12 Agreement, I will very briefly summarize and I will do13 my best not to characterize the document. What it is,14 it's, like I said, a Declaration of Easement and15 Right-Of-Way Agreement dated January 19, 1988 and it's16 between the parties Allied Signal, Inc, Essex Fells17 Country Club and West Essex Highlands, Inc. It was18 recorded in the Essex County Clerk on January 28, 198819 in Deed Book 5012 at Page 571. And I will just very20 generally characterize, that document and it's21 attachments deal with the parties that I just mentioned,22 rights and obligations regarding Oval Road.23 MS. McGOVERN: And that's just one document,24 there's nothing else you want --25 7 MR. PLOCKER: Well, it -- is my cover letter1 a part of it?2 MS. McGOVERN: That's part of A-7.3 MR. PLOCKER:

l Road.23 MS. McGOVERN: And that's just one document,24 there's nothing else you want --25 7 MR. PLOCKER: Well, it -- is my cover letter1 a part of it?2 MS. McGOVERN: That's part of A-7.3 MR. PLOCKER: Okay. That's fine. So my4 cover letter is part of A-7 which is the publically5 recorded document and it's, I think it's approximately6 47 pages of recording documents itself.7 MR. AFRAN: It's obviously a matter of8 public record so we certainly have no objection.9 MR. PLOCKER: It speaks for itself.10 MR. AFRAN: Right. Subject to whatever11 relevance we have, we might see and need any additional12 evidence, but I'm not sure.13 CHAIRMAN BAGOFF: Okay.14 MR. AFRAN: Thank you.15 Mr. Walsh, we are ready for you.16 MS. McGOVERN: Mr. Walsh, you gave testimony17 back on February 26, 2025, you are still under oath.18 Okay?19 MR. AFRAN: We have a problem with the20 table, we just need a moment.21 Mr. Walsh has previously been accepted as an22 Q. expert and I believe he's previously been sworn.23 CHAIRMAN BAGOFF: Go right ahead. Identify24 what you're going to talk about now?25 8 I wanted to talk briefly about the response1 A. letter that CME wrote in response to our letter2 presented to the board.3 CHAIRMAN BAGOFF: Did you provide a report?4 MR. AFRAN: Yes, that's Exhibit 0-30.5 CHAIRMAN BAGOFF: I want him to say it for6 the board, he's talking about it.7 I just want to hit a few points that they had8 A. talked about. First, I want to go back --9 MR. AFRAN: I'm sorry, there's a request10 from the back, if you could hold the mic closer.11 THE WITNESS: I want to go back to the12 mottling issue that we talked about originally,13 M-O-T-T-L-I-N-G, which was when they dig test pits to14 try to find the seasonal high water table. The way the15 applicant marked the seasonal high water table was by16 where they noticed water and what the DEP requires is17 them, for them to look for mottling, which is a18 discoloration of the soil profile that shows a historic19 level of the seasonal high water table. Now, what CME20 says is that, it's not in the record and we can only go21 by the water elevation, which is according to DEP22 standards. What we suspect is that they never looked at23 the mottling to begin with and that the records, the24 flood elevations in the slope profiles are lower than25