February 26, 2025, Planning Board Special Meeting Transcript - WEHI

21 of 46 sheets Page 81 to 84 of 115 03/03/2025 06:36:47 AM 81 record.1 THE PUBLIC: Orin Knights.2 CHAIRMAN BAGOFF: Okay. Thank you.3 THE PUBLIC: I have to ask you two4 questions. First one I have is for the Planning Board.5 Who -- does the DEP supercede the city or does the city6 have jurisdiction over DEP?7 CHAIRMAN BAGOFF: DEP supercedes the city.8 We listen to all the testimony and make a decision.9 THE PUBLIC: So if somethings in violation,10 let's say for instance, I'm hearing testimony about DEP11 and if they're making an error in decision, does the12 city make a judgment on that or it has to go to court?13 CHAIRMAN BAGOFF: Sounds like it has to go14 to court.15 THE PUBLIC: It has to go to court.16 CHAIRMAN BAGOFF: We would catch the error17 and the applicant would report back to the DEP or the18 council would.19 THE PUBLIC: The other question that I have20 is, we're talking about high water season and I am21 hearing this is form January to, Mr. Walsh?22 THE WITNESS: April.23 THE PUBLIC: January to April. So what24 happened from April to December, is that considered high25 82 water?1 THE WITNESS: That's considered dryer time2 so less rain. Or the water elevations are lower. Like3 in the summer it's hot, doesn't rain, those seasonal4 water tables drop. DEP wouldn't want to measure then5 and say, again, you're artificially lower at that time.6 They want you to look at during the wet periods of time7 where it's the highest because that's the most8 conservative point of view.9 THE PUBLIC: I don't want to take up all my10 time, but my testimony, as well as my neighbors, I'm11 actually at the lower part of the development and we had12 a flood two or three years ago, we had, actually my wife13 and myself, it took us, we were up all night to make14 sure that our basement wasn't flooding. So if the15 flooding is, the high water is not at that time, but we16 have high water on our street in that area, many homes17 were flooding, many, many homes from Cunningham,18 Rosemont, etc., areas downhill, it was affected by the19 heavy rains, that was past the high water season, that20 was dry season. And what happens if it rains, sometimes21 we get rain for like three, four, five, six days and22 does this, the catch basin, would that be able to catch23 all the water? From what I experienced in my family it24 wasn't able to catch it. Right now we don't

or like three, four, five, six days and22 does this, the catch basin, would that be able to catch23 all the water? From what I experienced in my family it24 wasn't able to catch it. Right now we don't have25 83 development on the top but if you put a development up1 there, obviously it's not going to be able to handle2 that kind of water. But if you look at your records we3 have a problem, even right now on Rosemont where the4 city has been there like three or four times to try to5 get that area taken care of. So that's one my concern.6 And I just can't understand that, it seems to me like7 the developer is getting --8 CHAIRMAN BAGOFF: Sir, can you ask him a9 question about his testimony. You're testifying right10 now.11 THE PUBLIC: I want to ask the developer the12 question here --13 CHAIRMAN BAGOFF: He's not testifying right14 now. You can ask Mr. Walsh questions about the15 testimony he provided this evening.16 THE PUBLIC: So for instance, I'm hearing17 that a lot of rules and regulations are being bypassed18 so that the developer can have their way.19 MR. PLOCKER: I'm going to object to that20 characterization.21 CHAIRMAN BAGOFF: Sir, that's why we are22 here listening, to hear exactly what the developer has23 to say and the other people have to say. Okay. So we24 are all listening. Nobody's bypassing anything.25 84 THE PUBLIC: My last question that I have as1 far as the project and for this city --2 CHAIRMAN BAGOFF: Sir, you can do this at3 the end. Right now we're trying to focus on asking Mr.4 Walsh questions.5 THE PUBLIC: I'm asking questions pertaining6 --7 CHAIRMAN BAGOFF: To Mr. Walsh.8 THE PUBLIC: -- to what he said and his9 testimony.10 CHAIRMAN BAGOFF: You got to ask him.11 THE PUBLIC: Was there -- can the city have12 some kind of a survey at the lower level of that13 development area, for instance like Rosemont Terrace,14 Mayfair, etc., those neighborhoods. Was any testing or15 anything conducted in that area?16 THE WITNESS: No, typically you don't do17 additional stormwater mottling or analysis for much18 further downstream.19 THE PUBLIC: But it's affecting us, so if20 you're going to project uphill then you have to have21 some kind of testing. You just can't say well, just22 going to affect this area so I'm not going to test down23 here because it's going to affect the downhill24 neighborhood.25