June 23, 2025 Planning Board Special Meeting Transcript - WEHI

7 of 21 sheets Page 25 to 28 of 52 07/19/2025 07:03:47 AM 25 why I'm getting constantly interrupted.1 MS. McGOVERN: I am just -- this is cross2 examination, I thought, based upon the direct testimony3 which was given back in January. So now you're throwing4 in a witness who was after that period of time.5 MR. AFRAN: Got nothing to do with it. This6 witness repeatedly --7 MS. McGOVERN: You're asking him to draw8 conclusions from your expert, Mr. DeVito's, testimony9 regarding what's left in the forest. So have you laid a10 foundation that this witness agrees with that testimony.11 Because --12 MR. AFRAN: I don't need to ask if he agrees13 with another witnesses testimony.14 MS. McGOVERN: But he has to review it.15 You're asking him -- you're asking -- it's different16 than normal cross examination because you're going past17 what was asked on direct.18 MR. AFRAN: He said -- well, that's the,19 this board chose to allow the witness to go forward when20 I couldn't be here. I couldn't help that. We don't21 ignore what since happened.22 MS. McGOVERN: I am suggesting, I can't tell23 you what to do obviously, but without that foundation24 these questions are unfair.25 26 MR. AFRAN: The witness testified he heard1 Mr. DeVito's testimony. Watched it, correct?2 THE WITNESS: Heard it, yes.3 MR. AFRAN: He saw as much as any of us did.4 MS. McGOVERN: It should be noted that this5 is not cross examination from his January testimony.6 You are now taking it a step further. So this is where7 the objections are coming from.8 MR. AFRAN: I don't think that matters. I9 am entitled to ask this witness whether or not losing 9110 percent of forest and leaving over 9 percent is minimal11 disturbance in his opinion. He said this is minimal12 disturbance, I now asked him a simple question. Is13 this, in his opinion, still minimal disturbance?14 MR. PLOCKER: And that's a distortion of15 what's the application proposal.16 MR. AFRAN: This is not appropriate language17 --18 MR. PLOCKER: It's the only language or his19 expert's language.20 If there's only 9 percent of core forest is that21 Q. minimal disturbance of this property in your opinion as22 a planner?23 Yes, it's still minimal.24 A. Based on your status as a planner and not any25 Q. 27 significant ecological training?1 Yes. And my review of the zoning controls that2 A. establish limits of disturbance, establish limits of3 coverage

ased on your status as a planner and not any25 Q. 27 significant ecological training?1 Yes. And my review of the zoning controls that2 A. establish limits of disturbance, establish limits of3 coverage in an application that complies.4 If 9 percent of the forest is left as a core5 Q. forest and all of it is either clearcut or turned into6 edge forest, would you say that is the absence of7 significant environmental harm?8 Good site design --9 A. CHAIRMAN BAGOFF: Mr. Afran, there's a10 difference between asking questions that are set record11 to help out of the Planning Board and the information12 that the Planning Board -- information that the Planning13 Board will use to make their decision. We've heard Mr.14 DeVito's testimony, we heard his testimony. You're15 asking him questions --16 MR. AFRAN: I can move on. I'll move on.17 CHAIRMAN BAGOFF: Thank you.18 MR. AFRAN: The point was made anyway. I'll19 move on.20 CHAIRMAN BAGOFF: Thank you.21 You testified that the plan "will incorporate22 Q. abundant, robust landscape." That was your actual23 quote. Do you recall saying that?24 Yes.25 A. 28 Well, what do you mean by that? Where in these1 Q. plans that we have seen there's abundant, robust2 landscape.3 There are landscape plans that were included as4 A. part of the development application. There are many,5 there are many plantings throughout. I don't have the6 number in front of me, but there was a significant7 landscape plan.8 Other than what you've just said when you were9 Q. answering my question, anything further or does that10 conclude your answer?11 Yes.12 A. So you believe that the existing landscape plan13 Q. is abundant and robust?14 Yes.15 A. You also said this plan, I'm just paraphrasing16 Q. here, but I'm sure you'll agree with my general17 reference, is one that will flow comfortably for people.18 Do you recall saying something along those lines?19 Yes.20 A. Well, when you said, flow comfortably for people,21 Q. what did you mean by that? You didn't explain that, you22 just gave us a conclusion. So what does it mean, to23 flow comfortably for people?24 I think what I said was the project has been25 A.