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

9 of 53 sheets Page 33 to 36 of 122 02/03/2026 04:49:05 PM 33 be aware of those documents, and so that all members of1 the Planning Board that will vote are operating from the2 same set of facts, I would ask that those three3 documents --4 MS. McGOVERN: I don't know what they are.5 Can I look at them.6 MR. PLOCKER: You should see them first.7 THE PUBLIC: They're three letters.8 CHAIRMAN BAGOFF: Bring them up here. He9 put it on the record so now we have to take a look at10 it.11 THE PUBLIC: Three letters July 25, 2024,12 May 6, 2025, September 8, 2025.13 CHAIRMAN BAGOFF: Mr. Plocker.14 THE PUBLIC: Mr. Plocker can authentic them.15 He wrote them.16 MR. AFRAN: Mr. Chairman, I believe these17 are documents referred to by me at some length at an18 earlier session. I was reading from them and referred19 to them and I also made a motion on certain issues and20 referred to those in context of that. So these21 documents have actually been referenced in the record22 and with certain direct quotations. So they should be23 proffered.24 CHAIRMAN BAGOFF: We'll find out in a25 34 minute.1 MS. McGOVERN: These are submitted regarding2 the settlement agreement, to which the Planning Board is3 not a party. The council is a party to the settlement4 agreement, so that's not pertinent, in my opinion, to5 this hearing because I thought and I know that the6 Planning Board is not to consider the settlement or7 creating some obligation on their part. They're looking8 at the ordinance and they're looking at whether the9 burden of proof has been made to establish the site10 plan. This is not directed to the Planning Board11 members. Has nothing to do with the Planning Board's12 decision that's being made here today.13 THE PUBLIC: Here's the problem, the problem14 is two members of the Planning Board that do vote that15 sit on council and Mayor, they both received that16 information. Those letters, you can take them for what17 you like, but if everyone here voting is operating from18 the same set of facts it is about this settlement19 agreement, this application, this ordinance and the20 force of this decision. Everyone who here who votes21 should be operating from the same set of facts. The22 current council president is on the Planning Board, the23 Mayor is on the Planning Board, they both received this.24 MS. McGOVERN: I believe this taints the25 35 board and this is not appropriate

he22 current council president is on the Planning Board, the23 Mayor is on the Planning Board, they both received this.24 MS. McGOVERN: I believe this taints the25 35 board and this is not appropriate for a board to review.1 The council members and the Mayor, who were council2 members at the time of the settlement or perhaps are3 currently, have different obligations and the laws put4 them on the Planning Board because they have dual5 responsibilities. This is not appropriate for the6 Planning Board members to see. They're not a7 participant or a signator to the settlement agreement.8 The counsel and Mayor were. So it's not relevant. I9 would -- they will not be admitted.10 THE PUBLIC: Okay. So I will reserve the11 right to prerogative writ action to the extend the12 record to the include these documents and perhaps others13 that may or may not be allowed.14 MS. McGOVERN: You need to mark them for15 identification.16 THE PUBLIC: Okay. That'd be great.17 MS. McGOVERN: And not go on the agenda and18 this way if you -- you don't know how the decisions19 going to be, but somebody files an appeal and those are20 relevant they can make their case then.21 The next identification number -- I got to22 find my sheet.23 MR. AFRAN: Let's mark each one for ID24 separately since they're separate letters at separate25 36 times.1 MS. McGOVERN: Give them to Jamilet.2 They're not going on the agenda, they're just being3 marked for identification.4 MR. AFRAN: May I recite -- you have a copy5 there, Ms. McGovern.6 MS. McGOVERN: The first ID O, Objector ID-17 was the e-mail exchange that we discussed tonight that8 were in fact ID-1.9 MR. AFRAN: Those are in evidence anyway, I10 used them as a composite.11 MS. McGOVERN: Objector ID-2 is a letter12 dated --13 MR. AFRAN: I have 7/25/24.14 MS. McGOVERN: 7/25/24 to the Council and15 Mayor.16 MR. AFRAN: It's addressed to --17 MS. McGOVERN: To the township attorney.18 MR. AFRAN: And copied to Ms. McGovern.19 MS. McGOVERN: Okay. Addressed to the20 township attorney copied to me. All right.21 THE PUBLIC: Thank you.22 MS. McGOVERN: Next is Objector ID-3.23 MR. AFRAN: ID-3. Again, it's a letter from24 Hutt, Shimanowitz & Plocker to --25