November 10, 2025 Planning Board Special Meeting - WEHI Transcript

25 of 28 sheets Page 97 to 100 of 112 01/05/2026 03:19:18 PM 97 MR. AFRAN: So we might go 11 hours1 basically. Well, no, not with breaks.2 MS. McGOVERN: Not starting until 1:003 o'clock in the afternoon.4 MR. AFRAN: We end at 5:00, take a break and5 start at 6:30, is that the idea?6 CHAIRMAN BAGOFF: End at 5:00, 5:15 and7 start again at 6:00.8 MR. AFRAN: So the idea would be public9 comment would be begin in the evening most likely, is10 that the idea?11 CHAIRMAN BAGOFF: We're going to try.12 MR. AFRAN: Special session would be for13 this testimony?14 CHAIRMAN BAGOFF: We can get done with his15 testimony quickly, we can start public comment.16 MR. AFRAN: Okay.17 CHAIRMAN BAGOFF: Okay. Keep thinking. I'd18 like the Mayor of Essex Fells to come up, he has19 something to say. You keep thinking, I want to get him20 on the record, please.21 THE PUBLIC: Thank you, Mr. Chairman. As I22 mentioned on September 17, 2025 at the Planning Board on23 this application the board asked me to come back to24 discuss Oval Road. A question arose whether it was a25 98 private road or public road, so I have documents that I1 sent to the board secretary on October 29, Ms. McGovern2 has them, Mr. Plocker has them. I'd just like to3 introduce those exhibits for the record.4 MS. McGOVERN: So that would be -- how many5 were there, I forget?6 THE PUBLIC: Four documents with a cover7 e-mail from me.8 MS. McGOVERN: So that would be O-31, 32, 339 and 34. Can you hand them to Jamilet, she will mark10 them and then they'll go onto the agenda. They are all11 -- if you could just describe them.12 THE PUBLIC: You want me to describe them?13 Probably easier if I do it.14 MS. McGOVERN: Yeah. If you have a pen.15 What's the first one, O-31. What's your first one.16 Jamilet can mark them and you can just describe them.17 THE PUBLIC: The first one is a cover18 e-mail.19 MS. McGOVERN: So what is it?20 THE PUBLIC: First -- O-31 would be a letter21 from me to the board secretary, the board attorney and22 Mr. Plocker on behalf of the applicant, describing what23 I am introducing.24 MS. McGOVERN: Okay. All right. O-32.25 99 THE PUBLIC: Second document is a resolution1 adopted by the West Orange Planning Board on November 7,2 1984 approving the application of the West Essex3 Developers Inc., subject is, certain conditions4 including several relating to Oval Road.5 Third document is an agreement among

Board on November 7,2 1984 approving the application of the West Essex3 Developers Inc., subject is, certain conditions4 including several relating to Oval Road.5 Third document is an agreement among West6 Orange Essex Fells - West Essex Developers, which is the7 predecessor to the current applicant and the Essex Fells8 Country Club executed in March and April of 19879 relating to the vacating a portion of Oval Road by West10 Orange and Essex Fells.11 MS. MCGOVERN: And O-34.12 THE PUBLIC: Is an ordinance from the13 Borough of Essex Fells adopted August 18, 1987 pursuant14 to the agreement I just mentioned that the Essex Fells15 ordinance vacates the portion of Oval Road and Essex16 Fells from Oval Lane to Essex Fells to the Essex Fells17 West Orange border.18 MS. McGOVERN: Thank you.19 THE PUBLIC: And there's one more.20 MS. McGOVERN: O-35. Okay.21 THE PUBLIC: So the last document is a March22 9, 2006 letter from Essex Fells Borough administrator to23 the West Orange Township business administrator24 summarizing for West Orange in connection with a25 100 different development application by the same developer1 that these sections of Oval Road, specifically the2 western section of Oval Road going from West Orange and3 in Essex Fells will be closed to the public.4 MS. McGOVERN: Okay. Thank you.5 THE PUBLIC: Thank you.6 CHAIRMAN BAGOFF: Thank you, Mayor.7 MR. PLOCKER: Can I just get one8 clarification, Mayor Davis. The letter you referred to,9 is that the letter kind of imbedded, it was an e-mail or10 was there a separate letter sent to the board?11 MS. McGOVERN: It was a cover letter12 attachment.13 THE PUBLIC: The first document we produced14 was an e-mail from me.15 MS. McGOVERN: Okay.16 MR. PLOCKER: You said letter, I just wanted17 confirm that wasn't something I didn't have.18 CHAIRMAN BAGOFF: Mr. Afran.19 MR. AFRAN: On scheduling issues. I have no20 issue personally with working that schedule, but it may21 be very hard on members of the public to come question22 Mr. Kleinberg in that part of the meeting and then stay,23 come back immediately thereafter to do public comment.24 CHAIRMAN BAGOFF: Trying to be expeditious25