July 30, 2024 Planning Board Special Meeting Transcript - WEHI

35 (Pages 134 to 137) Page 134 1 end of the day, they're going to have to apply to 2 whatever the DEP, whether it's 2021 or '24, whatever 3 the rules are, they're going to have to apply, so 4 the Board, whether it has that information or not at 5 this moment, we will condition the application on 6 applying to the appropriate DEP standards -- 7 MR. AFRAN: I accept that. 8 CHAIRMAN BAGOFF: -- and they will 9 then have to, if it's the new standards, provide new 10 studies to the township. 11 MR. AFRAN: I -- I have gone as far as 12 I need to on the issue, so I respectfully... 13 CHAIRMAN BAGOFF: Okay, let's move on. 14 Mr. Afran, it is a little after 9. If it's okay, 15 I'd like to take a ten minute bio break. 16 MR. AFRAN: And that'll give me time 17 to wrap up after, yes. I'll be able to consult my 18 notes anyway. Thank you. 19 CHAIRMAN BAGOFF: Thank you. Ladies 20 and gentlemen, there's two bathrooms out here. Take 21 your time, sit here, relax. Ten minutes, we'll be 22 back on the record. Thank you very much. 23 (Recess taken) 24 CHAIRMAN BAGOFF: We are back live. 25 9:20, back on the record. Thank you ladies and Page 135 1 gentlemen. Mr. Afran, you have the floor. 2 MR. AFRAN: Mr. Chairman, I am pleased 3 to say think I've concluded my cross-examination. 4 CHAIRMAN BAGOFF: Thank you, sir. 5 MR. AFRAN: I thank Mr. Anderson and 6 Mr. Plocker. 7 MR. PLOCKER: Thank you. 8 CHAIRMAN BAGOFF: Thank you. Now, 9 ladies and gentlemen, the next part of the meeting 10 is the public may come up and ask questions. We 11 would -- and I will ask this: If somebody comes up 12 and asks a question, everybody else doesn't have to 13 ask the same question. Please listen to the 14 answers. The goal is that the Board hears the 15 questions and then gets the answers from the 16 applicant. Okay? So one at a time, raise your 17 hand, be identified. Sir, right in -- I'm sorry, 18 Mr. Afran? 19 MR. AFRAN: Yeah. I just wanted to 20 note that my clients, Board members, we've discussed 21 this with Ms. McGovern, are not going to be asking 22 direct questions of the witnesses, but if they have 23 anything to say, they'll reserve that for public 24 comment. So if any of my client Board members are 25 listening, please don't come up for questions at Page 136 1 this time. 2 CHAIRMAN BAGOFF: Thank you, sir. 3 MR. CARDOZA: Mr. Chairman. 4 CHAIRMAN BAGOFF: I'm sorry, Mr. 5 Cardoza has a

members are 25 listening, please don't come up for questions at Page 136 1 this time. 2 CHAIRMAN BAGOFF: Thank you, sir. 3 MR. CARDOZA: Mr. Chairman. 4 CHAIRMAN BAGOFF: I'm sorry, Mr. 5 Cardoza has a question, one more member of the 6 Board. 7 MR. CARDOZA: I'd just like to make 8 sure we clarify the distinction between public 9 questions and comments and that they'll have the 10 opportunity to comment later. 11 CHAIRMAN BAGOFF: Yes. Good question. 12 So there's two parts of the application in the 13 public venue. The public can come up and, as an 14 expert testifies under oath, you may ask questions 15 about their testimony directly. You may ask a 16 question that seems to be slightly off of their 17 testimony, it will be up to them and their attorney 18 to decide if they have the expertise and/or 19 knowledge to answer that question. If the answer is 20 no, we'll ask you to move on. Okay? So basically, 21 you're going to ask your question, if, when, why, 22 what, how, where. If you start with testimony, I'm 23 going to ask you to stop, rethink -- this is like 24 jeopardy. So I'm going to ask you to stop and 25 rethink the question and then propose it as a Page 137 1 question because that's the way the process works. 2 We want you to ask questions that we'll provide 3 answers that make sense to you, or if you have other 4 questions, we will get those out also. We're going 5 to give you a three-minute time limit and then 6 people can go again if there's enough time or people 7 don't ask questions. 8 Comments are at the end of the 9 application. You may -- you may say what is on your 10 mind about the project, whatever is on your mind, 11 but the question period which we have now is to ask 12 a question of the person who's just testified and 13 then that person will answer or the attorney will 14 say they don't have the understanding, knowledge or 15 expertise to answer that question, it's not in their 16 testimony, and somebody else may answer that 17 question. Okay? So under those rules, we're going 18 to ask you to come up, we're going to do this in a 19 civil manner. Sir in the middle, will you come up, 20 please? You're up. State your name for the record, 21 please. 22 MR. CASTANO: Chris Castano. 23 CHAIRMAN BAGOFF: Thank you, sir. 24 MR. CASTANO: Can you hear it all 25 right?