October 30, 2024 Planning Board Special Meeting Transcript - WEHI

43 of 80 sheets Page 169 to 172 of 203 11/06/2024 03:21:43 PM 169 actual legal duty to evaluate what is being said.1 CHAIRMAN BAGOFF: And the board is.2 MR. AFRAN: No, I'm not saying you're not.3 But it's not limited to what ultimately the applicant4 might want to do. The board has an independent duty to5 look at this evidence. It's got nothing to do with what6 the applicant could or could not do. This evidence must7 be heard by the board and all responsive questions are8 valuable. It's got nothing to do with what the9 applicant might want. I'm just pointing this out, that10 it's not as limited with respect as you're saying.11 CHAIRMAN BAGOFF: Agreed. The applicant --12 the public has been asking the questions.13 MR. AFRAN: All I'm trying to do is, I think14 it's relevant and I didn't mean to go on this length.15 CHAIRMAN BAGOFF: No, I counted five times16 that we heard the same information over the time the17 public's here and there's no problem with that. So what18 you're saying is the board should hear it, and we have19 five times.20 MR. AFRAN: No, no objection to the patience21 and commitment of the board. I just wanted to point out22 the relevance issue and I didn't mean that we needed to23 go on at length. My apologies.24 CHAIRMAN BAGOFF: It's always a pleasure,25 170 Mr. Afran.1 MR. AFRAN: Thank you.2 CHAIRMAN BAGOFF: Continue, sir.3 THE PUBLIC: I want to thank Mr. Afran for4 his support. I'll be taking your law class next5 semester, no kidding.6 CHAIRMAN BAGOFF: Botany and law.7 THE PUBLIC: And learning how to be a8 planning board Chair one day. Thank you, Mr. Chairman9 Bagoff.10 Can we go to the map where the deer fencing11 is and the contours again.12 So I get the idea of a sponge because that's13 going to soak up the water and keep it from flooding,14 but that little tiny corner up there where it says,15 Limit Line, and you have a little arrow there, right?16 THE WITNESS: Yes.17 THE PUBLIC: That's water all coming18 downhill, according to your contours there, which hits19 those one, two, three homes. No, going exactly where20 that limit line is. No, where those words are. Go up21 to the corner. Right there. That water all comes down22 there during a storm. There's no sponge effect and23 we're saying that the growth is not good there and24 there's not going to be -- it's going to be undisturbed.25 171 But there is going to be construction, there is

torm. There's no sponge effect and23 we're saying that the growth is not good there and24 there's not going to be -- it's going to be undisturbed.25 171 But there is going to be construction, there is going to1 be --2 THE WITNESS: I'm sorry, this is off the3 property map.4 THE PUBLIC: No, it's still on the property5 map. Right there. That's it. On the line.6 THE WITNESS: Here?7 THE PUBLIC: Right. In that little corner8 right there. That's the slope that --9 THE WITNESS: Here?10 THE PUBLIC: Right.11 THE WITNESS: Okay. Sorry.12 THE PUBLIC: So to help prevent water,13 excessive runoff, could that be included or not included14 to encourage growth there to prevent any flooding15 through the homes that are off the map?16 THE WITNESS: So you're asking can this deer17 fencing be put like this?18 THE PUBLIC: Correct. Right.19 THE WITNESS: I can't answer that. I mean,20 I can answer that but it's not my application.21 THE PUBLIC: Right. You made the22 recommendation where this deer fencing could be,23 correct?24 THE WITNESS: Generally. I did not get into25 172 specific design with them. I left that to the planner1 and to the architect. I can't answer that, it's up to2 the --3 THE PUBLIC: The negotiated area was between4 you and --5 THE WITNESS: The general area. Again, not6 specifically. So I can't answer your question, I guess7 is my answer.8 THE PUBLIC: That's a high, high concern of9 the location of the deer fencing. I know that those are10 the two lease areas, but there is concern if the, if the11 areas are to be sponges and safeguards to protect the12 properties that are off the map, correct? That's why13 they're there.14 THE WITNESS: Well, that's part of it. I15 mean, that's one of the consequences I should say, yes.16 THE PUBLIC: Right. So couldn't there be17 other areas selected for deer fencing to help protect18 water runoff?19 THE WITNESS: Again, I can't answer your20 question for this area, because it's not my specific21 design. I can -- it's up to the planning board if they22 want to ask for more deer fencing.23 THE PUBLIC: Let me rephrase. Are there24 other areas that you might suggest on the map?25