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

06/20/2025 06:55:03 AM Page 93 to 96 of 101 24 of 41 sheets 93 MR. AFRAN: I have no objection to that.1 CHAIRMAN BAGOFF: Work towards that.2 MR. AFRAN: I would like to and depends in3 part on when that engineering information comes in. If4 it comes in July 15, I don't see how that could happen.5 CHAIRMAN BAGOFF: We are going to work6 towards that.7 MR. AFRAN: Mr. Chair, you had mentioned, to8 me anyway, that at one point you might consider a9 working session with counsel and the Board, I don't know10 if that's --11 CHAIRMAN BAGOFF: Not counsel.12 MR. AFRAN: The Board, I'm sorry.13 CHAIRMAN BAGOFF: And we will. That's one14 of the first sessions, when everybody's done testifying15 the Board will review all the information and pick out16 information that our experts feel are relevant. We are17 going to look over the law, we are going to look over18 the ordinances and then we will come to decisions on19 what we hear and what we use and we may want to have20 additional testimony or read backs.21 MR. AFRAN: And when we spoke you mentioned22 counsel would be there with the Board.23 CHAIRMAN BAGOFF: No.24 MR. AFRAN: Oh, that's what I understood you25 94 to say.1 CHAIRMAN BAGOFF: Counsel will do whatever2 counsel wishes, but this is purely Board review.3 MR. AFRAN: Now, would that occur before or4 after closing arguments?5 CHAIRMAN BAGOFF: After. Everybody's going6 to be finished, then the Board will decide if they need7 to hear something again, otherwise it's going to go8 through all the information. It's been a long and9 meticulous process, we want to make sure we get all the10 information in our hands.11 MR. AFRAN: I want to understand how you12 anticipate that working. And that would be, Diane13 mentioned August 6 as a possible cutoff, do you mean the14 hearings by then and the Board will have that meeting or15 where does that date work?16 CHAIRMAN BAGOFF: That would be first work17 session.18 MR. AFRAN: August 6?19 MS. McGOVERN: That's our regular meeting.20 MR. AFRAN: Thank you. I wanted to21 understand that. And then after that the Board would22 have public deliberation?23 CHAIRMAN BAGOFF: Yes.24 MR. AFRAN: But before that Mr. Plocker and25 95 I will presumably give our closing arguments?1 CHAIRMAN BAGOFF: Yes.2 MR. AFRAN: Thank you.3 There's also --4 MAYOR McCARTNEY: I have a question.5 MR. AFRAN: I'm sorry.6 CHAIRMAN BAGOFF: Mr. Afran. One second.7 MR.

bly give our closing arguments?1 CHAIRMAN BAGOFF: Yes.2 MR. AFRAN: Thank you.3 There's also --4 MAYOR McCARTNEY: I have a question.5 MR. AFRAN: I'm sorry.6 CHAIRMAN BAGOFF: Mr. Afran. One second.7 MR. AFRAN: And somewhere in that time8 period the community gets their chance to testify?9 CHAIRMAN BAGOFF: Yes.10 MAYOR McCARTNEY: I have a question of our11 engineer. We just heard there is a fundamental concern12 with the design as it relates to the water table, in13 your review did you discover any concerns?14 CHAIRMAN BAGOFF: Did you get a chance to15 look at the Princeton Hydro first report and this16 report? If you looked at both of them, in your expert17 opinion, go right ahead.18 MR. MacNEILL: I looked at both of them. So19 the applicant submitted soil testing reports signed by a20 geotechnical engineer. So I did note some similar21 discrepancies as Mr. Gallagher has noted but the22 geotechnical engineers licensed in the State of New23 Jersey and he is identifying the seasonal high water24 table at the elevation in his report. On top of that,25 96 the BPM manual from DEP requires post construction soil1 testing for any infiltration system. So during really2 post construction -- during construction the applicant3 will be required to ensure the seasonal high water table4 and the permeability rates in those geotechnical reports5 are still current during and after construction. That's6 all outlined in the NJ DEP manual Chapter 12 regarding7 soil testing. So that will be a requirement for any8 potential -- as a potential condition of approval that9 the applicant will have to comply with those soil10 testing requirements during and post construction. And11 if there's an issue with that seasonal high water table12 that has been identified it will have to be remediated13 by the applicant. Essentially redesigning the basin.14 Additional fill may be required, but all that will be15 reconfirmed twice, once during construction and also16 post construction.17 MAYOR McCARTNEY: And that's under the18 purview of the DEP not this Board?19 MR. MacNEILL: But our stormwater code20 refers back to the BMP manual. The Township will21 enforce those requirements.22 CHAIRMAN BAGOFF: Thank you.23 Okay.24 MR. AFRAN: Our position legally is yet to25