January 14, 2026, Planning Board Special Meeting - WEHI Transcript

13 of 53 sheets Page 49 to 52 of 122 02/03/2026 04:49:05 PM 49 actually remember this now. It's coming back to me.1 Mr. Mascera showed up here and he did not have the2 records and when he did get the records it had to do3 with the resolution, the records he brought was a4 resolution dated November 7, 1984 from West Orange by5 West Orange Planning Board and Oval Road agreement6 between Essex Fells and West Orange 1987.7 THE PUBLIC: That was submitted by the Essex8 Fells mayor, Mayor Mr. Davis.9 MS. McGOVERN: He never introduced them. We10 don't have that. He never came back with what he said11 he was going to produce. Wait, Verona resolution.12 THE PUBLIC: That's a resolution from the13 township.14 MS. McGOVERN: O-2, owner resolution from15 the town.16 THE PUBLIC: Believe me, I looked through17 this list six or seven times.18 MS. McGOVERN: What do you contend Mr.19 Mascera gave to us that we don't have in the record?20 THE PUBLIC: Verona Planning Board21 resolution September 25, 1980. It was the agreement22 made with this developer pertaining to the restrictive23 covenant on the two lots that are not included in the24 redevelopment plan by West Orange.25 50 MS. McGOVERN: On Verona's property?1 THE PUBLIC: Yes. And it's the July 28,2 1983 Verona Planning Board resolution specifically3 speaking to the same.4 MS. McGOVERN: Okay. Give it to Jamilet and5 we'll mark those O --6 MR. PLOCKER: For identification, correct?7 MS. McGOVERN: For identification, Objector8 ID --9 MR. AFRAN: Well, I would argue that they10 should be --11 MS. McGOVERN: Can I see them.12 MR. AFRAN: I think they should be in13 evidence because the board can take public notice of the14 public acts of other governmental body's and therefore15 since it relates factually to the issues that have been16 discussed it should not just be for ID, it should be for17 evidence.18 MS. McGOVERN: Okay. We can mark this.19 We'll do this one as Objector-41.20 MR. PLOCKER: Mr. Chairman. I may not have21 an objection to them being admitted into evidence, but I22 have not seen them. I have not reviewed them. I know23 the witness, the person offering them, I think it was24 Mr. McElroy, is it? I don't want to mispronounce your25 51 name. Like I said, you are handing them to me now, but1 I haven't seen it. He said there were no minutes2 available, I can check the minutes and the accompanying3 transcript from the July

ce your25 51 name. Like I said, you are handing them to me now, but1 I haven't seen it. He said there were no minutes2 available, I can check the minutes and the accompanying3 transcript from the July meeting are on the website. I4 would just like to look and see how they were referenced5 by Mr. Mascera, and I am not doubting the witnesses6 voracity, but could we just mark them for identification7 at this point.8 MS. McGOVERN: I am going to mark them,9 absolutely. He did come and talk about them and did10 submit them after the fact and they deal with Verona11 property not West Orange. The lots and blocks were12 listed.13 THE PUBLIC: But it was an agreement with14 the entire property.15 MS. McGOVERN: The document speaks for16 itself.17 THE PUBLIC: Even --18 MS. McGOVERN: The document speaks for19 itself and a judge, if need be, if this goes past this.20 The reason why we are going to move them in as objector21 exhibits, is Mr. Mascera did speak about them and then22 he never brought them here, but he did e-mail them to23 me. So that's -- technically he should have come back24 with them, the way he said he was going to, but we can25 52 see they're official documents and so it'll be added to1 the agenda record.2 MR. AFRAN: Could you state a number for3 each dated one?4 MS. McGOVERN: O-41, resolution from Verona5 dated September 25, 1980. Okay.6 42, resolution, July 8, 1983.7 THE PUBLIC: And to save time in the future,8 I just want to also note that I looked through the9 documents, we have the document of, letter from Verona,10 what's the other one. Verona Environmental Commission,11 South Orange, West Orange and Essex County just got12 registered. I know at some point they were sent in from13 Caldwell, Maplewood and Livingston also.14 MS. McGOVERN: They --15 THE PUBLIC: E-mailed or someone was here to16 --17 MS. McGOVERN: No, he came here. They18 clearly read them and that was done.19 We're done with Maplewood.20 THE PUBLIC: Maplewood was read, right?21 CHAIRMAN BAGOFF: Okay.22 Again, you have five minutes. Come up.23 Please speak to the application before us, information24 that you believe will help the Planning Board make their25