October 30, 2024 Planning Board Special Meeting Transcript - WEHI

11/06/2024 03:21:43 PM Page 37 to 40 of 203 10 of 80 sheets 37 3.6 acres more deer fence and I want to say 2.3 acres1 less of disturbance, plus or minus. So equivalently2 that's like saying six acres less of any disturbance.3 Which is significant acreage.4 COUNCIL PRESIDENT RUTHERFORD: Mr. Chair, or5 perhaps to our board attorney, we've heard this6 settlement agreement being referenced multiple times in7 the testimony by various people, including Mr. DeFeo8 tonight. Is the planning board a party of that9 settlement agreement?10 CHAIRMAN BAGOFF: It is not.11 COUNCIL PRESIDENT RUTHERFORD: Are we bound12 by that settlement agreement?13 MS. McGOVERN: What you're bound by is the14 ordinance that was drafted as a result of the settlement15 agreement. So this ordinance came and was passed by the16 council, whenever that was, back a few years ago and17 that's what the planning board is reviewing, whether18 this application meets the standards that have been set19 in that ordinance and a lot of the references to the20 settlement agreement are the rational and basis for why21 that ordinance was drafted the way it was.22 CHAIRMAN BAGOFF: And the ordinance created23 the zone, IH-1 zone. So they're looking at the24 requirement of the IH-1 zone.25 38 COUNCIL PRESIDENT RUTHERFORD: All right. I1 just wanted to be clear because it's been referenced2 several times and some cases it did say that the3 settlement governed. I want to be clear that that is4 not the case. I know Mr. DeFeo didn't say that, it's5 been said in prior testimony.6 MS. MCGOVERN: It governs because it was the7 basis for the ordinance. So it's the genesis of the8 ordinance. And you're following -- the planning board9 is required to follow the ordinance requirements for the10 zone.11 CHAIRMAN BAGOFF: Part of anything, any part12 of the Master Plan has a place in it.13 COUNCIL PRESIDENT RUTHERFORD: I see. I14 just wanted to be clear about our responsibility or, you15 know, requirement to follow the settlement agreement.16 MS. MCGOVERN: Mr. Plocker.17 MR. PLOCKER: No, and I thank Council18 President Rutherford because I think it's important.19 Mr. DeFeo did reference the settlement agreement20 multiple times, but can we just confirm so there is no21 confusion going forward so everyone here is on the same22 page and we have a clear record. The calculations that23 Mr. DeFeo referred to, the 212 per acre and all

can we just confirm so there is no21 confusion going forward so everyone here is on the same22 page and we have a clear record. The calculations that23 Mr. DeFeo referred to, the 212 per acre and all the24 numbers and the credit, I just want to confirm that is25 39 contained in the zoning ordinance?1 MS. MCGOVERN: Yes. So a lot of what's2 approved in the zoning ordinance was adopted in the3 ordinance.4 COUNCIL PRESIDENT RUTHERFORD: Understood.5 MS. MCGOVERN: It's really the ordinance6 that governs.7 MR. AFRAN: Yeah, I think Council President8 Rutherford's question goes to the question, is the9 settlement agreement itself binding as a separate entity10 from the ordinance and I'm not sure, Ms. McGovern, your11 answer, with due respect, necessarily explains this.12 The question I think is, is the settlement agreement a13 part of the ordinance or is the ordinance standing14 separately on its own?15 MS. MCGOVERN: I'm looking at the ordinance16 separately.17 CHAIRMAN BAGOFF: The settlement agreement18 created the ordinance.19 MR. AFRAN: Well, what is fair, adopted20 elements of that. The question I think Council21 President is asking is to what extent is the settlement22 agreement itself a binding document on the board.23 MS. MCGOVERN: This board had nothing to do24 with the settlement agreement. The board is following25 40 the ordinance --1 MR. AFRAN: Of course it didn't.2 MS. McGOVERN: -- and I think a lot of the3 crossover has to do with the fact that a lot of the4 information in the settlement agreement is replayed in5 the ordinance.6 COUNCIL PRESIDENT RUTHERFORD: And what7 would be helpful for me if instead of all these8 references to the settlement agreement, which all of us9 have now heard for months, that we would then reference10 the ordinance instead of the settlement agreement.11 Especially when there may be some confusion or there may12 be elements in the settlement agreement that's not in13 the ordinance.14 CHAIRMAN BAGOFF: That's a very good point.15 We will continue to do that.16 MR. PLOCKER: And one thing I can represent17 is that the ordinance was a -- a draft of it was18 attached as an exhibit to the settlement agreement and19 the town council adopted that ordinance in that form.20 MS. MCGOVERN: Yes, so that is part of the21 crossover. So the ordinance was attached to the22 settlement agreement but the board is reviewing this in23 terms of

adopted that ordinance in that form.20 MS. MCGOVERN: Yes, so that is part of the21 crossover. So the ordinance was attached to the22 settlement agreement but the board is reviewing this in23 terms of following the ordinance.24 COUNCIL PRESIDENT RUTHERFORD: Understood.25