August 14, 2024 Planning Board Special Meeting Transcript - WEHI

17 (Pages 62 to 65)17 (Pages 62 to 65) Page 62 1 (Many members of the public shout out - 2 indiscernible) 3 MEMBER OF THE PUBLIC: Setback is 106 4 on Howell. 5 CHAIRMAN BAGOFF: Ma'am, you can come 6 up and ask questions. Thank you. 7 MS. MEYEROWITZ: All right, so the 8 last, are there trees coming down between the 9 building and the cul-de-sac and can those be -- 10 MR. APPEL: As far as where the 11 disturbance lines are, that's really a site 12 question, site engineering question. 13 MS. MEYEROWITZ: There are trees 14 coming down. Thank you. 15 CHAIRMAN BAGOFF: Thank you. 16 Please come up and state your name and 17 spell your last name, please. 18 MR. DUBOVY: Todd Dubovy, D-U-B-O-V-Y. 19 CHAIRMAN BAGOFF: Thank you. 20 MR. DUBOVY: 10 Burnett Terrace. I've 21 got a question more for clarification. 22 If a person's involved in a settlement 23 agreement on the prior matter, should not the person 24 who's been involved in the settlement agreement 25 recuse themself from the current matter? Page 64 1 conflict of interest -- 2 MS. McGOVERN: Well, that's not a 3 conflict. It's not considered a conflict. They 4 have no pecuniary interest in this outcome. It is 5 not a conflict here. 6 MR. DUBOVY: I disagree, but that's 7 okay. All right. 8 The other question I've got has to do 9 with street canopy. We're talking about 6,000-plus 10 trees being removed. Has anybody done a -- 11 CHAIRMAN BAGOFF: Sir, I don't believe 12 he testified -- correct me if I'm wrong, did you 13 testify on tree removal? 14 MR. APPEL: No. 15 CHAIRMAN BAGOFF: Okay, he didn't 16 testify to tree removal so he can't answer that 17 question, sir. 18 MR. DUBOVY: Anybody else who can? 19 CHAIRMAN BAGOFF: Yes. But not at 20 this moment. 21 MR. DUBOVY: (Indiscernible) 22 CHAIRMAN BAGOFF: But not at this 23 moment. 24 MR. DUBOVY: Okay. All right. 25 CHAIRMAN BAGOFF: Thank you. Page 63 1 CHAIRMAN BAGOFF: No. That's a matter 2 of law, not a matter for the -- this applicant and 3 the questioning for them. So I'll give that to the 4 attorney. 5 MS. McGOVERN: No, not in this case. 6 The Planning Board is composed of people that are in 7 government, the mayor, Council -- 8 MR. DUBOVY: Right. 9 MS. McGOVERN: -- persons. 10 MR. DUBOVY: Right, but if somebody -- 11 MS. McGOVERN: -- and -- 12 MR. DUBOVY: -- has been involved in 13 the settlement agreement prior to -- 14 MS. McGOVERN: It's anticipated that's 15

persons. 10 MR. DUBOVY: Right, but if somebody -- 11 MS. McGOVERN: -- and -- 12 MR. DUBOVY: -- has been involved in 13 the settlement agreement prior to -- 14 MS. McGOVERN: It's anticipated that's 15 part of being on the Planning Board. This is not 16 Zoning Board. Zoning Board has no members of the 17 governing body -- 18 MR. DUBOVY: Right. 19 MS. McGOVERN: -- involved in it. By 20 statute, governing body members are part of the 21 Planning Board. This is -- this is a common thing. 22 MR. DUBOVY: So the government 23 employees -- 24 MS. McGOVERN: It's an -- 25 MR. DUBOVY: -- or officials can have a Page 65 1 MR. DUBOVY: Thank you. 2 CHAIRMAN BAGOFF: Thank you. 3 Come up, state your name and spell your 4 last name for the record, please. 5 MS. RUDIN: Good evening. Joyce 6 Rudin, R-U-D-I-N. 7 Mr. Appel, what did you do as the 8 architect of this project to accommodate affordable 9 housing tenants? 10 MR. APPEL: When you say what did I 11 do, I included the requisite amount of affordable 12 units and dispersed them among all the buildings. 13 MS. RUDIN: Were you directed by the 14 applicant in any particular way in terms of this 15 particular population? 16 MR. APPEL: I don't understand what 17 you're -- what you're asking. 18 MS. RUDIN: Okay, I'll move on. 19 Do you know what the 2023 income limits 20 are for the affordable housing tenants in Essex 21 County? 22 MR. APPEL: I don't -- I do not. 23 MS. RUDIN: Okay, can I state what 24 that is? 25 CHAIRMAN BAGOFF: No.