October 30, 2024 Planning Board Special Meeting Transcript - WEHI

11/06/2024 03:21:43 PM Page 189 to 192 of 203 48 of 80 sheets 189 THE WITNESS: My retention by the planning1 board was to do and prepare for what you've seen2 tonight, prepare reports on this issue.3 THE PUBLIC: And what was the scope of4 services? What were your deliverables?5 CHAIRMAN BAGOFF: I'm sorry, ma'am. We've6 gone over that through his report and through his7 PowerPoint.8 THE PUBLIC: So is he not able to --9 CHAIRMAN BAGOFF: The problem is we're10 trying not to repeat things he already testified to.11 THE PUBLIC: So your sole deliverable for12 the project was this report, is that correct?13 THE WITNESS: Two reports.14 THE PUBLIC: Two reports. Okay.15 And so you were hired to do an environmental16 evaluation and so we heard a lot about the deer17 specifically. What other environmental factors have18 been evaluated for other animals, as far as endangered19 species, you know, what other evaluations have been done20 besides the size of trees and the number of deer?21 MS. MCGOVERN: By him?22 THE PUBLIC: By him, yes.23 THE WITNESS: Nothing. Those issues are24 dealt with by the DEP.25 190 THE PUBLIC: So you counted the trees and1 you counted the deer and you consider that a sufficient2 environmental assessment of the situation?3 CHAIRMAN BAGOFF: He didn't count the deer.4 I want the record clear.5 THE WITNESS: I observed the deer.6 THE PUBLIC: He observed ten deer, correct?7 He observed ten deer and made an estimate on the tree8 count.9 And do you think that, that is an10 encompassing evaluation for the entire environmental11 impact of this project?12 MR. PLOCKER: The scope of Mr. DeFeo's13 retention has been mischaracterized. I believe Mr.14 Chairman, and correct me if I'm wrong, he was originally15 retained in connection with pending litigation. The16 case settled, the property was rezoned, we made an17 application. Part of the things we needed to adhere to18 was the Schedule C or Exhibit C to the settlement19 agreement. And I believe Mr. DeFeo was retained by this20 board to evaluate the pending site plan application that21 we're all here many nights on and we're all taking our22 time on to evaluate our compliance with those23 requirements of the ordinance and the Exhibit C24 settlement agreement.25 191 MR. AFRAN: Well, with respect, I must1 disagree with Mr. Plocker's recitation to a degree. The2 ordinance and settlement agreement state that Mr.

inance and the Exhibit C24 settlement agreement.25 191 MR. AFRAN: Well, with respect, I must1 disagree with Mr. Plocker's recitation to a degree. The2 ordinance and settlement agreement state that Mr. DeFeo3 is here as an environmental consultant with respect to4 the project, not just limited, as Mr. Plocker just5 described. And all though Mr. DeFeo was chosen, we6 spent a great deal of time on the deer fence and related7 issues. His actual charge or brief, so to speak, is8 much broader. He's here as an environmental consultant9 and he has addressed other issues beyond just the deer10 fence. But it's not limited solely to evaluating the11 compliance of the developer in connection with the12 application. He's here as an environmental consultant13 in a much broader context, and that's what the ordinance14 says and that's what the settlement says. It is not15 limited as Mr. Plocker said.16 MR. PLOCKER: Well, where in the ordinance17 does it say that, Bruce. It's not in the ordinance.18 MR. AFRAN: The settlement agreement --19 MR. PLOCKER: You said the ordinance.20 CHAIRMAN BAGOFF: One at a time. He's going21 to hit me.22 MR. AFRAN: The ordinance.23 MR. PLOCKER: I want a clear record. We24 want a clear record.25 192 CHAIRMAN BAGOFF: Don't put that on the1 record.2 I'm sorry, go ahead, Mr. Plocker, respond to3 Mr. Afran's statement and Mr. Afran can respond.4 MR. PLOCKER: I just wanted to know, Mr.5 Afran, you said a couple of times, two, three times6 tonight that either the referral and input of the7 environmental consultant or even Mr. Defeo specifically,8 I'm not sure which one, I don't want to put words in9 your mouth, is set forth somewhere in the actual10 ordinance.11 MR. AFRAN: Yeah, the problem is12 dialytically the ordinance adopts the settlement and the13 settlement says, Mr. Defeo is to be the expert for, as14 an environmental consultant on this case. So it's all15 in that sense one in the same. He's here, I'm only16 making the point to dispute from my clients perspective17 Mr. Plocker's more limited description that he's here as18 an environmental consultant, not nearly to evaluate the19 compliance by the developer. That's all I wanted to20 say. When I cross we'll go into more of that from our21 perspective.22 CHAIRMAN BAGOFF: Fair enough. Thank you.23 Ma'am, continue.24 THE PUBLIC: Is Mr. Plocker the legal25