June 4, 2025, Planning Board Regular Meeting Transcript - WEHI

23 of 41 sheets Page 89 to 92 of 101 06/20/2025 06:55:03 AM 89 a question.1 THE PUBLIC: The question is, will you be2 responsible, do you care to look into in that effect?3 I have a question --4 MR. AFRAN: He is not the builder.5 THE PUBLIC: Well, if I asked the builder6 will the builder be willing to look into this?7 CHAIRMAN BAGOFF: Ma'am, do you have a8 question about Mr. Gallagher's testimony?9 THE PUBLIC: Do you think you should be10 concerned about what might happen, because the best laid11 plans of men and other men usually go astray.12 THE WITNESS: Look, the applicant's attorney13 made it clear we're looking at the site, but site14 impacts can go off-site. So do I think that they should15 be looking at off-site, yes.16 THE PUBLIC: Could you tell them that they17 should take a look at this because --18 THE WITNESS: I think he heard.19 MR. PLOCKER: I will say for the record, DEP20 does consider that when issuing stormwater permits.21 They look to see if there's any net positive runoff.22 The point is the stormwater system is designed, again,23 I'm not an engineer, to have a net negative runoff,24 meaning that the runoff would be less after development25 90 than it is in it's current condition. The DEP approved1 that design.2 MR. AFRAN: And this of course in a sense is3 a legal question that we'll have to address at the4 appropriate time.5 CHAIRMAN BAGOFF: Thank you.6 Any other members of the public have7 questions for Mr. Gallagher? Please come up.8 THE PUBLIC: Peter Gaurino, West Orange.9 Someone mentioned that the DEP permit has been in10 process for 20 months?11 CHAIRMAN BAGOFF: Mr. Gallagher.12 MR. AFRAN: Mr. Plocker raised an objection.13 CHAIRMAN BAGOFF: The question is for Mr.14 Gallagher. If Mr. Gallagher doesn't know the answer he15 can't answer, but if he does know the answer than he can16 answer.17 THE WITNESS: I don't know the answer.18 THE PUBLIC: Okay. Anybody know the answer?19 MR. PLOCKER: I will make it clear for the20 record, since I did mention it before. From the time my21 client initially applied for the DEP permits in22 connection with this site plan application pursuant to23 the current ordinance and the settlement agreement, from24 time we applied, from the time the approvals were25 91 granted, that was a 20 month period.1 THE PUBLIC: Was it this development, this2 actual development?3 MR. PLOCKER: Yes, it was. And, again, I

m24 time we applied, from the time the approvals were25 91 granted, that was a 20 month period.1 THE PUBLIC: Was it this development, this2 actual development?3 MR. PLOCKER: Yes, it was. And, again, I am4 not the site engineer, I am an attorney so I would never5 pretend to be an engineer unless I slept in a Holiday6 Inn Express last night but I always wanted to try that7 one.8 THE PUBLIC: Thank you.9 CHAIRMAN BAGOFF: Thank you.10 Do any other members of the public have11 questions for Mr. Gallagher about his testimony? Seeing12 none. Thank you very much.13 Thank you Mr. Gallagher.14 I'm sorry, Mayor.15 MAYOR McCARTNEY: No.16 CHAIRMAN BAGOFF: Okay.17 Since, Mr. Afran, Mr. Plocker, we have the18 management conference, we would like to see to an end19 with all the information.20 Mr. Afran, are there any other people that21 you need to present to the Board, because we are trying22 to get summer dates and we are competing with other23 agencies in town, so we want to have as many dates as we24 can. We do have two dates in July.25 92 MS. McGOVERN: June 23 and June 30,1 Monday's, here in person starting at 6:30.2 MR. AFRAN: Right. I am available both3 days. We have a planner who would be available on the4 30th, not the 23rd. So I don't know whether we'll have5 witnesses on the 23rd. Let me take a couple days6 because there are some community witnesses who plan to7 testify and if I can possibly have them ready for the8 23rd I can do that. I wouldn't want to waste a night9 but I don't want people to come here and we don't have10 anything to do.11 CHAIRMAN BAGOFF: We're trying to bring this12 to a conclusion.13 MR. AFRAN: One issue of course is when the14 applicant brings the supplemental geotechnical report15 because that will potentially most likely cause us to16 bring an engineer in. So unless, I am not saying they17 should know yet and I am not criticizing them, that's a18 factor that will affect all this. If that report comes19 in three weeks then the staff needs time go over it and20 ten days notice has to be given then we need time to get21 an engineer for hearing testimony. So impossible to22 really predict that much at this moment.23 CHAIRMAN BAGOFF: The Board is trying to24 have this adjudicated in August.25