July 30, 2024 Planning Board Special Meeting Transcript - WEHI

17 (Pages 62 to 65) Page 62 1 the application that we already have in, so although 2 I'm not, you know, privy to what exactly is there 3 and what their service is, the DEP has not indicated 4 that it's exceptional resource value because of an 5 endangered species. 6 COUNCILMAN RUTHERFORD: If it were to 7 determine that, how would that impact this project? 8 MR. ANDERSON: It would change the 9 permit requirements from the DEP for crossings of 10 wetlands. 11 COUNCILMAN RUTHERFORD: So those 12 buffers that you have now between the buildings and 13 the wetlands would not be sufficient? 14 MR. ANDERSON: There's buffers 15 associated with the wetlands and we are crossing the 16 wetlands in two locations, so those buffers would 17 increase and the amount of buffer to service would 18 increase, it would change the permit that we would 19 have to get from the DEP, but it would not 20 necessarily change the design after the roadway 21 network. It would change the permits that we are 22 seeking. 23 COUNCILMAN RUTHERFORD: But it would 24 not force you to relocate any of the existing 25 buildings or parking lots? Page 63 1 MR. ANDERSON: I don't know that, I'd 2 have to -- it's a more complicated question than 3 just shooting from the hip. I'd have to look and 4 see which ones, if any, were within 150 feet. 5 COUNCILMAN RUTHERFORD: Do we have an 6 estimate on when DEP will weigh in? 7 MR. ANDERSON: On whether there's 8 threatened -- they've already -- we have an LOI that 9 we can rely on for the next period of time, for next 10 year, that, uh, that indicates that they're not 11 exceptional -- there's not exceptional resource 12 value wetlands and there's not threatened endangered 13 species on it. We can rely on that legally with 14 this application and for this application because 15 that is in place. 16 COUNCILMAN RUTHERFORD: But your 17 application is being reviewed now by the DEP; is 18 that right? 19 MR. ANDERSON: For permits, yes, 20 correct. 21 COUNCILMAN RUTHERFORD: And when that 22 application -- when that review is complete, they 23 will then, as a part of returning that application 24 to you, whether they approve it or not, they will 25 give some detail with the endangered species and any Page 64 1 impact on the site plan? 2 MR. ANDERSON: So -- no, I think -- so 3 as part of this application, there is a natural 4 heritage report that the environmental

ith the endangered species and any Page 64 1 impact on the site plan? 2 MR. ANDERSON: So -- no, I think -- so 3 as part of this application, there is a natural 4 heritage report that the environmental scientist 5 obtained and -- 6 CHAIRMAN BAGOFF: Mr. Anderson, I'm 7 sorry, a little louder please. 8 MR. ANDERSON: Yes. 9 CHAIRMAN BAGOFF: Thank you. 10 MR. ANDERSON: Thank you for your -- 11 let me know when it happens next time. 12 CHAIRMAN BAGOFF: Yeah. That's all 13 right. 14 MR. ANDERSON: So the natural heritage 15 report comes out and it indicates what, you know, 16 species are available or are around within this 17 habitat and they look at it. That's already been 18 done and that's -- when we had our LOI granted many 19 times, it's never found threatened and endangered 20 species. We've been at this project for many years 21 and it's been -- we've had several LOIs and none of 22 them have ever found threatened endangered species, 23 so -- and we have a valid LOI we can rely on that 24 states that. So there's no further determination 25 with our permit application. Page 65 1 COUNCILMAN RUTHERFORD: All right. 2 Last thought is with regard to ingress, egress and 3 the number of cars, because there's 1,070 parking 4 spaces, 900 and something are required for the 5 development, and the way I understand your map, 6 there's only one road to get in and out. Is that -- 7 I know that there's a gate on Kuzik and a gate on 8 Howell, so they are not going to be used except in 9 emergency, so on a daily basis, there's one road in 10 and one road out; is that right? 11 MR. ANDERSON: If the de minimus 12 exception is granted, that is the plan. 13 COUNCILMAN RUTHERFORD: Have we done 14 traffic -- is that -- would that fall under you, the 15 environment? That's not under you? 16 MR. ANDERSON: We have a traffic 17 engineer who will be testifying after -- not 18 immediately after me but at some point after me. 19 COUNCILMAN RUTHERFORD: All right, 20 that'll do it for me. Thank you, Mr. Chair. Thank 21 you, Mr. Anderson. 22 CHAIRMAN BAGOFF: Thank you, Council 23 President. 24 (Applause by members of the public) 25 CHAIRMAN BAGOFF: Mr. Alper.