June 30, 2025, Planning Board Special Meeting Transcript - WEHI

08/07/2025 02:56:42 PM Page 53 to 56 of 175 14 of 70 sheets 53 you're effectually testifying that -- if I can explain.1 Not intentionally. It's having the effect of testifying2 that the controls and zoning rules and construction3 rulings that exist in the state or municipally will4 protect the public. Now, that's the viewpoint you're5 holding and it presumes the rules are good enough and6 the people will adhere to them and enforce them, but I7 think it's a relevant question and the public has a8 right to inquire into these areas and I think when you9 repeatedly say, despite your good intensions, that10 everything will be all right because the rules protect11 people, you're offering your viewpoint it has an impact12 of prejudicing the effect in the room. I don't think13 it's the boards role at this stage to say those things14 will protect the public. The public has the right to15 raise their concerns. So I respectfully would object to16 the characterizing these rules as protective.17 CHAIRMAN BAGOFF: I think the public has the18 right to also know that there are guidelines in place19 and the town does monitor, the applicant is required to20 monitor, so both sides of that coin. I will allow the21 question, but the public has the right to know there are22 other monitoring agencies, it doesn't go willy-nilly23 that the applicant can just do what they wish.24 MR. AFRAN: Well, I think it's true that25 54 there monitoring agencies, but I don't think it's really1 appropriate for the Chair to be assuring the public that2 there's no problem because those rules exist. We all3 know rules can be improperly enforced, incorrectly4 applied and things of that nature.5 MR. PLOCKER: That's speculation.6 MR. AFRAN: It's not speculation, it's7 reality of the world.8 CHAIRMAN BAGOFF: Well, the question is, are9 you representing that you have information that the10 rules in the Township have ever not been followed?11 MR. AFRAN: I think that's a dogmatic point12 that you're raising and to defeat what's obvious. That13 the quality of any rule and any enforcement depends how14 it is carried out and enforced. Merely because a rule15 exists does not mean the public should necessarily16 accept that a project is safe. They have the right to17 inquire and I don't think that, I don't think the Chair,18 respectfully, should be giving that constant assurance19 because it biases those members

ept that a project is safe. They have the right to17 inquire and I don't think that, I don't think the Chair,18 respectfully, should be giving that constant assurance19 because it biases those members of the board who hear it20 and it biases the public who then become intimidated by21 not raising their concerns.22 CHAIRMAN BAGOFF: I didn't say that. The23 public has a right to know that this is in fact a24 standard. However, she can ask the question.25 55 MR. AFRAN: Then witness himself can speak1 to that, I don't think it's the Chair's role to take2 that position at this stage.3 CHAIRMAN BAGOFF: Well, it wasn't brought4 out and the public does know --5 MR. AFRAN: Well, if the witness doesn't6 bring it out, he's an expert, that might demonstrate the7 point that I'm raising, that the professional doesn't8 necessarily always take sukur in the existence of the9 rules.10 CHAIRMAN BAGOFF: We do.11 MR. AFRAN: I do too. I hope they are12 carried out.13 CHAIRMAN BAGOFF: Okay.14 MR. AFRAN: Thank you.15 CHAIRMAN BAGOFF: In any case, go right16 ahead, ask your question.17 THE PUBLIC: So to repeat the question,18 what's the decibel level, the maximum decibel level that19 you believe the public who are listening to this, who20 live in range where this is happening, what are you21 expecting -- what should we be expecting?22 THE WITNESS: You should expect, very23 reasonably expect that the blasting program is designed24 to meet the standards that are set for this development.25 56 That is both in terms of the vibration level, in terms1 of velocity and the noise level. So each program has to2 be designed properly and there's many factors that can3 change that effect the noise that's generated on a4 blast, the vibration levels that's generated on blasting5 and the distance that they promulgate. That has to be6 designed and that has not been done yet. We've have7 not, Langan has not done any design with respect to this8 or any testimony related to that. These are questions9 on the speculation side. What you should reasonably10 expect is that the design is done properly so that all11 the noise and velocity and the vibration levels do12 comply with safe standards.13 THE PUBLIC: So I am getting very specific.14 I would like to know, you have done this before, you're15 the geologist, when this type of construction is done16 how high have decibel levels gone?17 THE WITNESS: I

: So I am getting very specific.14 I would like to know, you have done this before, you're15 the geologist, when this type of construction is done16 how high have decibel levels gone?17 THE WITNESS: I don't know. I don't recall18 how high they go. But what I think the important thing19 here, to help answer your question and help you20 understand how it works, when this program is designed21 these programs are designed, they are designed with22 different multitude of factors, all of which impact the23 amount of noise or vibration energy that's created. So24 it's incumbent upon the blaster to design and implement25