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

08/07/2025 02:56:42 PM Page 85 to 88 of 175 22 of 70 sheets 85 person to come first. And since the board hasn't,1 there's no reason to start inquiring into addresses.2 MS. McGOVERN: There's a question as to the3 motivation of people. If they're within the 200-foot4 radius, it says it right here, I'm looking it. It says,5 "To some extent the motivation of an objector must be6 considered" and it cites the case Exxon Company v.7 Bernard Hill. So there are reasons why a board member8 or members of this board would want to know an address.9 MR. AFRAN: It's not referring though to the10 200-foot zone in that case, it's referring to a personal11 interest an objector may have that's different from12 other people.13 MS. McGOVERN: Understood. But there are a14 variety of reasons why it is relevant for a persons15 address and Mr. Plocker is correct, people within the16 200-foot radius, we have them, that's there. So I don't17 understand what the objection is.18 MR. AFRAN: The issue is asking for Dr.19 Panullo's address targets her for some reason, which I20 don't understand. Our concerns would apply to anyone in21 the community and I am reacting to the fact that a22 member of the community comes here in good faith, raises23 important issues with her scope of expertise, as a24 matter of fact, and now she's being challenged as to25 86 where she lives. This is a problem and I don't1 understand why you're entertaining it in any way.2 CHAIRMAN BAGOFF: Two things you said. One,3 she's not targeted. B --4 MR. AFRAN: Sounds that way. To a member of5 the community it sounds that way.6 CHAIRMAN BAGOFF: Nobody's targeting her.7 And number two, there was a question and answer, like8 anybody else here and he said no, I'm not going do this9 and that's okay too. It was asked and answered.10 We appreciate the colloquy, but at this11 moment we are going to take a ten-minute break so our12 court reporter can rest his fingers.13 (Whereupon, a short recess is taken.)14 CHAIRMAN BAGOFF: Back on the record.15 Mr. Afran, you have the floor.16 MR. AFRAN: Thank you, Mr. Chairman.17 We have several witnesses who are going to18 be called. First we call Lee Tractenberg who is, if I19 may, make a presentation on several issues, in part of20 which will be presenting, will be explaining We Cares21 position and reasons for objecting in this matter.22 Mr. Plocker and I were discussing some23 issues,

esentation on several issues, in part of20 which will be presenting, will be explaining We Cares21 position and reasons for objecting in this matter.22 Mr. Plocker and I were discussing some23 issues, he indicated there are one or two areas he might24 find cause to raise an objection on so that may happen25 87 and we can hash it out if it happens.1 MR. PLOCKER: Just as a predicate Bruce, can2 we just confirm Mr. Tractenberg is an officer of We3 Care?4 MR. AFRAN: Yes.5 MR. PLOCKER: Okay. Thank you.6 CHAIRMAN BAGOFF: What's the difference7 between public comment and what he's going to present?8 For the boards edification.9 MR. AFRAN: I think we have to wait until10 Mr. Tractenberg speaks. I can't answer that, except I11 know generally what he plans to do, but I couldn't12 really say, but more importantly he's an officer of We13 Care. We Care is the objector. There is no other14 objector. All though the community has a lot to say,15 there's no other formal objectors and I think the16 objector has the right to testify through one of it's17 officers to explain why it's here and what its position18 is and, you know, obviously there may be things that Mr.19 Plocker may object to as we move forward and we can deal20 with those as they arise.21 CHAIRMAN BAGOFF: What we're going to do is22 cautiously and slowly, because we have to determine what23 is public comment and -- we have to determine what is24 public comment and what is true testimony. So public25 88 comment can be testimony, so the board has to1 differentiate exactly what Mr. Tractenberg is speaking2 about, so.3 MR. AFRAN: Only way to do that is to let4 him speak and see what happens.5 CHAIRMAN BAGOFF: Exactly right.6 Ms. McGovern.7 MS. McGOVERN: Since he's represented by8 counsel you should be asking him questions.9 MR. AFRAN: I don't necessarily have to do10 that. I have a witness who can make a presentation.11 Applicants come in all the time, they have witnesses12 make a presentation. They have even developers who own13 the company make a presentation, they're not asked14 questions necessarily. I'm not obligated to ask him15 questions.16 MS. McGOVERN: I'm looking at Section17 18-3.4, Testimony of Objectors and says, "Objectors may18 appear by an attorney at law and if such is the case all19 questions must be put by the attorney. If any testimony20 given the objector should be given in response to

ectors and says, "Objectors may18 appear by an attorney at law and if such is the case all19 questions must be put by the attorney. If any testimony20 given the objector should be given in response to the21 questions presented by his attorney."22 MR. AFRAN: I don't think that's intended to23 say that the only way an objector witness can speak is24 by being questioned. What I think it's meaning to say25