June 23, 2025 Planning Board Special Meeting Transcript - WEHI

9 of 21 sheets Page 33 to 36 of 52 07/19/2025 07:03:47 AM 33 in fact the resolution specifically states the Planning1 Board was not a participant. We can only discuss the2 zone plan and the Master Plan available to us now.3 MR. AFRAN: I was really following the4 direct testimony, but I'll move on.5 CHAIRMAN BAGOFF: Thank you.6 You said that there's the general welfare aspect7 Q. of zoning?8 Yes.9 A. Now, there's lots of things we can speak about,10 Q. public safety, public health, public welfare, what did11 you understand the term "welfare" to mean in that12 context?13 Sometimes we refer to Purpose A as the great14 A. catchall phrase because it encompasses many, many15 beneficial aspects of planning, but the general welfare,16 the public good, in there I included affordable housing17 as being one of the top tier goals of our zoning laws18 and the provision of affordable housing of being19 paramount public interest. It's everywhere. It's a20 requirement everywhere.21 You would agree affordable housing is not the22 Q. only thing that embraces the general welfare?23 Totally agree with you. And I probably said24 A. this, plannings all about balance. Striking that25 34 balance. There are tremendous forces on municipalities1 to provide for affordable housing. There are certainly2 environmental protection forces as well. It's about3 balance.4 Thank you. I just wanted to clarify. So the5 Q. general welfare embraces environmental protection and6 those other issues, correct?7 Yes. Agreed.8 A. Thank you very much. Appreciate that.9 Q. Now, you say in your testimony, I will quote from10 the transcript. "You," meaning you're referring to the11 board, "you have testimony through your own12 environmental expert that there will not be any13 substantial environmental impacts." You were referring14 to Mr. DeFeo when you referred to -- when you made that15 statement?16 Yes. And I believe that was the hearing before I17 A. actually testified, yes. It may have been that same18 night.19 So your view is that Mr. DeFeo affirmatively said20 Q. there will not be any substantial environmental impacts?21 That's correct. At the time of when I testified,22 A. yes.23 So that was your interpretation of what Mr. DeFeo24 Q. said?25 35 Yes.1 A. Okay. Thank you.2 Q. And when you said, "The board has uncontroverted3 expert testimony about the absence of environmental4 impacts." That was

interpretation of what Mr. DeFeo24 Q. said?25 35 Yes.1 A. Okay. Thank you.2 Q. And when you said, "The board has uncontroverted3 expert testimony about the absence of environmental4 impacts." That was obviously when the applicant was5 presenting it's case before any objector testimony?6 It was based on evidence before me at the time of7 A. my testimony.8 So uncontroverted might have been jumping the gun9 Q. a little bit, right?10 Again, at the time of my testimony, yes.11 A. Okay. Thank you.12 Q. You mentioned in your testimony that "The13 application here refers to the settlement agreement with14 the neighbors there." Now, when you refer to the15 neighbors, who are you referring to?16 I was probably talking about Kusic when I was17 A. referring to the RSIS exception.18 Yes, that's the section in the transcript I'm19 Q. quoting from. So when you refer to neighbors, who are20 you referring to?21 I don't remember the name of the organization22 A. offhand, but there was an agreement with the, I believe,23 the association to the south.24 Right. So the association signed an agreement25 Q. 36 but you don't know what individuals signed that, do you?1 I don't know the details.2 A. Do you know whether the association had legal3 Q. authority to make commitments on behalf of individual4 homeowners?5 CHAIRMAN BAGOFF: Mr. Afran, that's out of6 his purview. He's as a planner.7 MR. AFRAN: Excuse me, I know it's out of8 his purview, that's why I was surprised he said that in9 the first place. So I'm cross examining him to be10 certain what knowledge he had.11 MR. PLOCKER: And the settlement agreement12 speaks for itself.13 MR. AFRAN: Well, the witness here was14 speaking for it. He was saying this settlement15 agreement with the neighbors, meaning the people who own16 homes and live there. And I'm asking why he said that.17 I'm perfectly entitled to.18 CHAIRMAN BAGOFF: The Planning Board has a19 copy of the settlement agreement and understand who the20 parties were and let's go back to zoning.21 MR. AFRAN: I must point out that the22 applicant's witness offered many, many statements that23 fall in the exact category that Mr. Bagoff, you are24 suggesting is not really within your purview. Yet an25