July 30, 2024 Planning Board Special Meeting Transcript - WEHI

34 (Pages 130 to 133) Page 130 1 MR. AFRAN: And the answer was "yes" 2 and I was going to go further. 3 UNIDENTIFIED VOICE: Into the mic, 4 Diana, into the mic. 5 MS. McGOVERN: I'm sorry. Was the 6 answer yes, is that what the answer was that you 7 pulled your DEP application? 8 MR. ANDERSON: Yes, the answer was 9 yes. 10 MS. McGOVERN: And so your next 11 question was? 12 MR. AFRAN: When did you re-file? 13 MR. ANDERSON: Just a few weeks ago; I 14 don't have the exact date. 15 MR. AFRAN: So you're no longer under 16 the 2021 rules because you pulled your application 17 and you re-filed it in 2024; isn't that correct? 18 MR. ANDERSON: That's not the case. 19 We have verified -- 20 MS. McGOVERN: This is not the purview 21 of the Planning Board. I understand the point 22 you're making; however, the Planning Board can't 23 rule on something like that. 24 MR. AFRAN: Well, I'm not asking the 25 Board to rule on it, but Board members had many Page 131 1 questions concerning what standards would apply and 2 it was raised by Board members and now I'm trying to 3 identify the fact that there's a significant 4 question different from what was stated earlier. 5 MS. McGOVERN: Whatever the standard 6 is, the legal -- the legal timing -- I understand 7 what you're saying, is whatever time the old law was 8 in effect versus what would be applicable. We're 9 not -- we're not here to decide that at this point. 10 MR. AFRAN: Well, with respect -- with 11 great respect, though, Board members asked 12 specifically -- 13 MS. McGOVERN: I understand. 14 MR. AFRAN: -- about the hundred-year 15 storm and what standards apply for that analysis. 16 Under the new regulations is a requirement of future 17 storm trend analysis. That was not done. 18 MS. McGOVERN: Okay. 19 MR. AFRAN: And so that's the next 20 question I have. 21 MS. McGOVERN: Okay, so -- 22 MR. PLOCKER: Just for the record, Ms. 23 McGovern and Chairman Bagoff -- 24 CHAIRMAN BAGOFF: Mr. Plocker, go 25 right ahead. Page 132 1 MR. PLOCKER: Okay. Thank you very 2 much, Mr. Chairman. It's clear and it's been 3 stipulated to that there are old stormwater 4 regulations and there are new ones. Mr. -- 5 CHAIRMAN BAGOFF: Mr. Plocker, could 6 you speak up a little bit? 7 MR. PLOCKER: Mr. -- 8 (Public outburst) 9 CHAIRMAN BAGOFF: Okay, okay, okay. 10 MR. PLOCKER: Thank you. It was made 11 clear by Mr. Anderson and everybody here that

ould 6 you speak up a little bit? 7 MR. PLOCKER: Mr. -- 8 (Public outburst) 9 CHAIRMAN BAGOFF: Okay, okay, okay. 10 MR. PLOCKER: Thank you. It was made 11 clear by Mr. Anderson and everybody here that there 12 are new stormwater regulations and there are old 13 ones, to -- 14 MEMBER OF THE PUBLIC: Still can't 15 hear you. 16 MR. PLOCKER: -- refer to it very 17 colloquially. Mr. Anderson testified that despite 18 the re-filing or amendment or whatever we want to 19 call it, a few weeks ago, he believes that the old 20 regulations still apply. As Ms. McGovern said, that 21 is a DEP issue, they're in Trenton and I'm sure they 22 are more than happy to deal with you on that 23 information, but Mr. Anderson's testimony was his 24 testimony. 25 MR. AFRAN: Well, the question is very Page 133 1 simple: If it was pulled and then re-filed under 2 the new rules, as an engineer, isn't it fair that 3 you can answer the question whether or not it's 4 governed under the new rules, not the old one? 5 MR. ANDERSON: We have a letter from 6 the DEP saying the old rules govern. 7 MR. AFRAN: What's the date of that 8 letter? 9 MR. ANDERSON: I don't have the letter 10 in front of me, I can't tell you that. 11 MR. AFRAN: Was that issued before you 12 pulled it or after? 13 MR. ANDERSON: After. 14 MR. AFRAN: Can you supply that 15 letter? 16 MR. ANDERSON: I -- 17 MR. PLOCKER: It would be public 18 record, I don't -- I don't know if we have it here 19 tonight, I don't know, but it's definitely -- 20 MR. AFRAN: I didn't mean tonight. 21 MR. PLOCKER: -- part of a public 22 record. 23 MR. AFRAN: Well, it relates to 24 questions -- 25 CHAIRMAN BAGOFF: Mr. Afran, at the