July 31, 2024 Planning Board Special Meeting Transcript - WEHI

10 (Pages 34 to 37) Page 34 1 not properly filed with the county and there's some 2 -- some information in our inboxes as Council 3 members regarding that. So if we're going to rely 4 on it, I need to understand from the attorney what 5 we are relying on, what is proper, and what we're 6 not relying on. 7 MS. McGOVERN: So part of the 8 requirements when you pass an ordinance is that an 9 ordinance involving land use be filed with the 10 county and that part of it was not completed at the 11 time that the ordinance was passed, but that defect 12 was cured and the ordinance was filed on July 3 of 13 this year. It doesn't affect the actionable status 14 of the ordinance. It took effect as soon as it was 15 filed and the applicant's attorney re-noticed this 16 hearing, which is why, when we were originally 17 scheduled in July, it was moved to these dates, to 18 allow everybody to receive notice that this 19 ordinance is perfected and we are ready to go. 20 The settlement agreement refers 21 directly to the intent of the parties and there is 22 language in the settlement agreement regarding the 23 trees, because I think this is how this started, 24 about the forest and about the fact that it was 25 unhealthy. These are all almost like legislative Page 35 1 intent as to why the town passed the ordinance that 2 it did, so you are all here to enforce this 3 ordinance and you have this understanding, based 4 upon the settlement agreement, as to why this was 5 put together, and one of the very important reasons 6 why the ordinance was passed is because you have an 7 affordable housing obligation, and there was 8 litigation regarding that, and this settlement took 9 care of or settled the action by the owner who owned 10 the property and wanted to develop it; as I 11 understand, wanted to develop it with even more 12 units, around the town, who had an obligation with 13 respect to affordable housing and had, I think, even 14 more units than what was originally agreed to, and 15 working with the Fair Share Housing and the town and 16 the owner of the property, the settlement was 17 achieved. That's put together and what was passed 18 after -- or in conjunction with the settlement was 19 the ordinance. What you all here, as Planning Board 20 members, are listening to is whether they meet the 21 status under that ordinance and that's what we're 22 here about. 23 CHAIRMAN

tlement was 19 the ordinance. What you all here, as Planning Board 20 members, are listening to is whether they meet the 21 status under that ordinance and that's what we're 22 here about. 23 CHAIRMAN BAGOFF: Thank you. Yes, 24 sir. 25 MR. KNIGHTS: Yes, Orin Knights, Page 36 1 K-N-I-G-H-T-S. 2 CHAIRMAN BAGOFF: Yes, sir. 3 MR. KNIGHTS: I have a question I'd 4 like to revisit and it's imperative both for the 5 contractor and the township, and it's imperative 6 because I think this is an issue and a subject that 7 we must take seriously, and that's concerning the 8 bedrock of the area that we're talking about. I 9 know the contractor said "Oh, we do this all the 10 time and it's no big deal," but we're talking about 11 an area that's on a slope and on a hill, and if I 12 remember correctly, in 2021, we had a disaster here 13 in Elizabeth. So the question that I have to ask 14 you, when it comes to blasting in that area, has 15 there been a study regarding the bedrock of that 16 area and is DEP involved? Because for the sake of 17 ill gotten game, you just don't want to rush through 18 this and make it something that's trivial. So has 19 there been a study concerning the bedrock of this 20 area? Because that's on a high slope. You talk 21 about these buildings and I'm quite sure you have 22 Lot 4, I believe it is, that's close to the corner. 23 And I haven't gotten any specific answers to how 24 it's going to be done, how it's going to be built, 25 it just seems to be knee-jerk reactions or answers. Page 37 1 So that's my question. And bedrock, can somebody 2 explain to me what the bedrock is and has there been 3 a study of that area concerning the bedrock? And 4 what the bedrock really is is when you start to 5 blast, it's not only going to affect that area up 6 there but it's going to affect downhill. 7 MEMBER OF THE PUBLIC: And the houses. 8 MR. KNIGHTS: And houses. So that's 9 my question. 10 (Applause by members of the public) 11 CHAIRMAN BAGOFF: Thank you. Thank 12 you, come right up. 13 MEMBER OF THE PUBLIC: No answer? 14 (Public outburst) 15 CHAIRMAN BAGOFF: I'm sorry, Mr. 16 Anderson, can you answer? 17 MR. ANDERSON: I don't know if there 18 is a question there, but I do know that we were just 19 discussing -- 20 MS. BENYO: The question was -- 21 (Public outburst) 22 CHAIRMAN BAGOFF: Woah, woah, woah. 23 MR. ANDERSON: Let me finish my 24 sentence,

tion there, but I do know that we were just 19 discussing -- 20 MS. BENYO: The question was -- 21 (Public outburst) 22 CHAIRMAN BAGOFF: Woah, woah, woah. 23 MR. ANDERSON: Let me finish my 24 sentence, please. 25 So we just spoke a moment ago about