October 30, 2024 Planning Board Special Meeting Transcript - WEHI

11/06/2024 03:21:43 PM Page 165 to 168 of 203 42 of 80 sheets 165 CHAIRMAN BAGOFF: We're done with this line1 of questioning.2 THE PUBLIC: Okay. No, I mean, I guess this3 has been vacant for 20 years private property, so let me4 get to my point then, that you could maintain a forest5 to be healthy, correct? I mean, how do we -- sounds6 like a matter of urgency right now this forest cannot7 grow but over 20 years of being vacant you can manage a8 forest to be healthy and stay healthy by eliminating a9 lot of these issues that we were discussing coming up to10 this time?11 THE WITNESS: Well, again, as I stated to12 you, the issues that you kept enumerating are13 observational one-offs. You know, this small area, that14 small area. They are not effecting the forest as a15 whole.16 CHAIRMAN BAGOFF: I don't want to lose17 sight. This is an application to do a project.18 THE PUBLIC: Correct.19 CHAIRMAN BAGOFF: The applicant, based on20 the zone plan, has a right to do certain things. Now,21 if this was owned by the town, state or the county22 these/they or the applicant could have decided to leave23 the forest. Yet he chose to do something, so we're24 listening to information to help us make a reasonable25 166 decision, does this fit the zone plan.1 THE PUBLIC: 100 percent, I agree.2 CHAIRMAN BAGOFF: Okay. Good. So let's3 move on.4 THE PUBLIC: Yes.5 CHAIRMAN BAGOFF: Thank you.6 THE PUBLIC: Mr. Chairman, thank you.7 I just, there was more discussion on deer8 than any other things that was causing the underlying to9 grow, that's why I was asking that or asking those10 questions. Because --11 MR. AFRAN: I'd like to raise a response to12 the chairs statement.13 CHAIRMAN BAGOFF: Mr. Afran.14 MR. AFRAN: I have to agree with the member15 of the public speaking because there was enormous focus16 on deer over browse giving rise for the deer fence and17 how this general settlement is a good deal because we18 get a deer fence. So inquiry by public about other19 possible causes of harm to the forest is directly within20 the point Mr. DeFeo brought to the board. So I would21 say this is highly relevant.22 CHAIRMAN BAGOFF: If the applicant chose to23 do something, remember this is private property, is this24 within the zone plan is what the planning board has to25 167 look at. How this occurred, our expert is discussing.1 All the other things that are there may have added

is is private property, is this24 within the zone plan is what the planning board has to25 167 look at. How this occurred, our expert is discussing.1 All the other things that are there may have added to2 what he has presented as an expert.3 MR. AFRAN: I must take issue with that with4 respect. The zone plan actually requires Mr. DeFeo's5 testimony as an environmental consultant in this case6 and this board. And Mr. DeFeo opened the issue to this7 board of the deer over browse as the primary cause of8 the lack of forest regeneration. Assuming all that to9 be true, and therefore questions directed to other10 potential causes are directly responsive of what the11 expert has introduced on his own. And therefore12 regardless of what the developer could do in it's own13 initiative the expert, who's required by ordinance to be14 here, has introduced the subject that naturally provokes15 these questions. I think they're highly relevant.16 CHAIRMAN BAGOFF: The easiest way to satisfy17 you is ask the expert, are the things that he just said18 pervasive or focused? If it's pervasive, it's relevant.19 If it's not pervasive for the whole 120 acres, then it's20 focused. If it's focused then do these issues cause the21 whole area to fall into the category that you described.22 MR. AFRAN: Well, with respect, the witness23 never said, made a distinction between focused and24 pervasive, you have. Now, I understand you may have a25 168 idea how this thing works, but that's not the witnesses1 testimony. And regardless of that concept that maybe2 sought as valuable to some, including yourself, the3 public has a right to question by their own questions4 not directed or captained by the chair.5 CHAIRMAN BAGOFF: And the public has had the6 right.7 MR. AFRAN: Right. And I'm staying in8 response to your response to this member of the public,9 it is relevant for him to be asking about other causes10 of the alleged forest degeneration. That's all I'm11 saying.12 CHAIRMAN BAGOFF: At the end of the day, the13 applicant takes that information and decides what they14 want to do with it.15 MR. AFRAN: Well, this board has the duty to16 hear the expert and the ordinance says so. We don't17 assume that's meaningless verbiage in the ordinance.18 Mr. DeFeo is here because this board must consider all19 the issues he's raised. So it's not just on the20 applicant at the end of the day could do in

e that's meaningless verbiage in the ordinance.18 Mr. DeFeo is here because this board must consider all19 the issues he's raised. So it's not just on the20 applicant at the end of the day could do in its own21 initiative. This board by ordinance is directed to22 study that testimony, questions of the public, respond23 to him and my cross examination. So it's not solely24 within the hands of the applicant. This board has the25