January 29, 2025 Planning Board Special Meeting Transcript - WEHI

33 of 57 sheets Page 129 to 132 of 143 02/13/2025 11:25:53 AM 129 up.1 THE PUBLIC: I have a question. Patrick2 Laterza, L-A-T-E-R-Z-A.3 THE WITNESS: Hi, Mr. Laterza.4 THE PUBLIC: I'm a frequent questioner.5 Couple questions. First, have you seen the6 planning boards denial of this original application in7 2006?8 MR. PLOCKER: That's not relevant.9 MS. MCGOVERN: Have you seen the denial, the10 planning boards denial for the previous application.11 CHAIRMAN BAGOFF: Okay. Right, it's12 irrelevant to this application.13 THE PUBLIC: He testified to a point made14 about it earlier, about why it was denied then how it15 wouldn't apply to this application.16 CHAIRMAN BAGOFF: The reason for the denial17 is irrelevant. See, again, the public brings out things18 that the planning board needs to hear to look at this19 application. So that was an application for single20 family homes. It was a totally different application.21 They didn't have a fair share component and --22 THE PUBLIC: Fire safety --23 CHAIRMAN BAGOFF: -- different zone and so24 we're looking at a totally different animal here.25 130 THE PUBLIC: Okay.1 Are you aware that almost every municipal2 zoning environment ordinance was suspended for this3 application? They were.4 THE WITNESS: There was a tree -- there are5 tree controls that were put into here.6 MR. PLOCKER: The applicant will make the7 representation and make this point that the entire land8 use code doesn't apply to this application, except for9 this provision specific to the IH-1 zone ordinance.10 That's part of the ordinance, it's in black and white.11 It's part of the record.12 THE PUBLIC: As a planner is that13 commonplace for --14 MR. PLOCKER: It's challenging the zoning15 ordinance and it's not appropriate.16 THE PUBLIC: I mean, he's a planner. He can17 talk -- he's saying this is good planning, but a lot of18 the ordinances have been suspended.19 CHAIRMAN BAGOFF: He's looking at the zoning20 ordinance. He can answer it based on the zoning21 ordinance. Whatever opinion based on the zoning22 ordinance.23 THE WITNESS: Sure, if the question is, is24 this normal. Does this happen elsewhere. In my25 131 experience, yes, it is very common to write the zoning1 ordinances around affordable housing projects. You can2 look in towns they'll have an H-1 and H-2, H-4 zone3 districts specifically written in the interest of4 eliminating barriers to the

the zoning1 ordinances around affordable housing projects. You can2 look in towns they'll have an H-1 and H-2, H-4 zone3 districts specifically written in the interest of4 eliminating barriers to the provision for affordable5 housing.6 MR. PLOCKER: Which are provided for in the7 COAH regs, if it is not, isn't that correct?8 THE WITNESS: Correct.9 THE PUBLIC: And is it also the zoning, the10 ordinance that you look at, also to do with public11 safety though, isn't that in consideration?12 THE WITNESS: It is all about balance, yes.13 THE PUBLIC: So is this plan currently in14 compliance with the current tree ordinance? I know it's15 suspended for this.16 THE WITNESS: I haven't reviewed it against17 the current tree ordinance.18 MR. PLOCKER: Again, it's completely19 irrelevant. We have our own tree removal and20 replacement provision for this particular zone.21 THE PUBLIC: Things that have to do with22 public safety after the fact.23 MR. PLOCKER: That's a cute term that24 everyone likes to throw around, did the town necessarily25 132 consider that when they zoned this property.1 THE PUBLIC: Which was before the ordinance2 was put in place.3 CHAIRMAN BAGOFF: The tree ordinance within4 the zone plan and that's what the applicant has to5 comply to.6 THE PUBLIC: Except if it has to do with7 public safety, correct?8 MS. MCGOVERN: Except if it has to do with9 public safety.10 CHAIRMAN BAGOFF: I think that would have to11 be reviewed by the attorney.12 THE PUBLIC: Okay.13 I'm just asking a question. Is it14 complying?15 MS. MCGOVERN: It's been -- there's been16 testimony, no, it doesn't comply -- I don't know whether17 it complies or not but what the difference is, they only18 have to comply with the ordinance that pertains to this19 zone. This specific zone.20 THE PUBLIC: Unless it could impact public21 safety, which we just established, but you could ask the22 attorney about it.23 MS. MCGOVERN: Unless it pertains to public24 safety. I guess the better question, I don't want to25