January 28, 2026, Planning Board Special Meeting - WEHI Transcript

02/26/2026 05:17:42 PM Page 133 to 136 of 155 34 of 66 sheets 133 record.1 THE PUBLIC: Charles Fiscus, I live at 782 Davey Drive, West Orange. F-I-S-C-U-S.3 MS. McGOVERN: Do you swear or affirm to4 tell the truth the whole truth and nothing but the5 truth.6 THE PUBLIC: I do.7 CHAIRMAN BAGOFF: Go right ahead, sir.8 THE PUBLIC: So been sitting here all night9 and I've been at a few meetings and a lot of people are10 making really good points and I don't need to repeat11 them, they're all very well put together.12 We essentially live in a cul-de-sac and13 adding more to it is just wrong. That's what it comes14 down to. And that's all I got to say.15 CHAIRMAN BAGOFF: Please state your name for16 the record, sir.17 THE PUBLIC: John Haydu, H-A-Y-D-U. 81 AVON18 DRIVE, ESSEX FELLS.19 MS. McGOVERN: Do you swear or affirm to20 tell the truth the whole truth and nothing but the21 truth.22 THE PUBLIC: I do.23 I'm your neighbor, so I just want to24 introduce myself. I actually border the property in25 134 Essex Fells. I purchased it October 29, 2014 and the1 reason why I bought the property was one of my2 neighbors, who's a really great man who passed away3 about nine years ago in 2016, his name was Dr. Leon4 Smith. Dr. Leon Smith was a great man, he fought this5 development for years. He was a infectious disease6 doctor, he was probably one of the top doctors in the7 world. He's not here today to speak so I'm going to try8 to speak, you know, for him for what he did for us in9 Essex Fells.10 In November 2004 Essex Fells Township11 residents entered in a settlement agreement with the12 West Essex Highlands, Inc, a pending litigation of a 12013 acre parcel of property. So what I want to get into,14 Mr. Plocker keeps talking about the settlement15 agreement. The settlement agreement. The settlement16 agreement. I'm happy for their settlement agreement,17 but we have a settlement agreement from 2005 and they18 need to honor our settlement agreement. They need to19 honor Verona's settlement agreement too. So I'm just20 going to talk about the settlement agreement a little21 bit.22 West Essex Highlands intended to build the23 property of single family homes and it was passed by the24 ordinance 1934-04. Essex Fells Homeowners Association25 135 Two brought a lawsuit against the Township of West1 Orange and West Orange Planning Board and West Essex2 Highlands Inc, intervened.

y the24 ordinance 1934-04. Essex Fells Homeowners Association25 135 Two brought a lawsuit against the Township of West1 Orange and West Orange Planning Board and West Essex2 Highlands Inc, intervened. The settlement agreement3 recounts that as a result of the settlement agreement4 the litigation was dismissed by the Essex Fells5 Homeowners Association and its members. So that was Dr.6 Smith that did that. But what happened, well, he's not7 here, who's going to stand up for him. Who's going to8 speak for him.9 The settlement agreement was executed by10 Zygmut Wilf on behalf of the West Highlands, Inc, and11 that signature was witnessed by Mark Hoffman. I'd like12 to submit that into the record.13 Town attorney Richard Trenk --14 CHAIRMAN BAGOFF: Sir, you can't.15 THE PUBLIC: Well, it's my time. I want my16 time. You've interrupted enough people in the 3017 meetings I've been here. I want to talk now. I want to18 talk now.19 CHAIRMAN BAGOFF: Sir.20 THE PUBLIC: I've been here 30 meetings, I21 appreciate --22 CHAIRMAN BAGOFF: So have I.23 THE PUBLIC: -- everything that you've done.24 I appreciate it. I want to talk.25 136 CHAIRMAN BAGOFF: But you want to do1 something that we can't accept. You may speak.2 THE PUBLIC: It's public comment, I can say3 what I want.4 CHAIRMAN BAGOFF: Yes, you can.5 THE PUBLIC: So I want another minute.6 CHAIRMAN BAGOFF: Go right ahead, sir.7 THE PUBLIC: Okay.8 So now that I've been rudely interrupted by9 the Chairman.10 Town attorney Richard Trenk, signed the11 Stipulation of Dismissal on January 27, 2005, that's the12 town attorney, right. So he signed it. So he was aware13 of this agreement. He also signed their agreement14 recently, so how can you agree to an agreement that you15 already had an agreement before but you didn't -- you16 guys know about our agreement? Have you even looked17 like into our agreement? Verona's agreement? Let ne18 give you some highlights of the agreement.19 "Homeowners shall have the right to attend20 all hearings." I'm here.21 "All applications by the developer relating22 to the development of the property at such time will23 have the right to object." I'm here, I'm objecting.24 "Developer makes for approval that violates25