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

19 of 33 sheets Page 73 to 76 of 130 09/16/2025 06:29:53 AM 73 I withdraw it because maybe I don't understand it1 Q. either.2 Thank you.3 A. A question from a board member was asked about4 Q. you seeing the site itself. I'm not -- I don't mean any5 criticism about the question, but let me ask you this.6 When you calculated the 211 foot upgrade, okay. Did you7 see that -- did you calculate that by physically seeing8 the property or from some other source?9 Through the drawing that had grades on it. That10 A. was done by a surveyor and it listed at the property11 line an elevation. I don't remember the exact number,12 and it had another number totally opposite on the high13 end of the property and another number. And the14 difference between the two numbers was 211. I do15 remember that. So that's the elevation difference.16 Now, when you --17 Q. That was on the survey, that was on a site survey18 A. with grade lines, they're all curvy lines all over the19 drawing and each one represents a different level20 contour. The contour of the land, yeah. It's a lot of21 contour to that land apparently.22 So when you go to this site you don't see that,23 Q. you only see that when you look at the written24 documentation, is that correct?25 74 Oh, yeah. Somebody has to survey to get these1 A. grades. They got special equipment to do that work. I2 don't physically do it but I've been involved in having3 that work done and seeing the result of it many times.4 So in order to -- so not seeing the site as you5 Q. were he asked, does not impact your ability to6 understand the grade, correct?7 Of course not.8 A. And similarly does not seeing the site --9 Q. May I add, if I was at the site I would've never10 A. figured out what that elevation difference was.11 So the question for the need for a pumping12 Q. station which provides stormwater upgrade would not be13 addressed by you visually seeing the site?14 "Yes" and "no". I mean, you can -- it's awfully15 A. high and you're going to need some help.16 Not seeing the site physically would not impact17 Q. that judgement?18 No. No.19 A. In other words, you make this judgement from20 Q. documentation?21 Absolutely. Another professional went there and22 A. figured out what the grades were and documented it and I23 looked at it and simple math. 211 feet. And that's,24 think about how tall is a high-rise building. That's in25 75 the

al went there and22 A. figured out what the grades were and documented it and I23 looked at it and simple math. 211 feet. And that's,24 think about how tall is a high-rise building. That's in25 75 the neighborhood of what that would be and now you're1 adding a building on top of that and you got to get2 water up there. How you going to do it.3 And that's derived from the -- I have no further4 Q. questions.5 CHAIRMAN BAGOFF: Thank you.6 (Whereupon, a short recess is taken.)7 CHAIRMAN BAGOFF: Ladies and gentlemen here8 and on zoom, we're back on the record. Thank you.9 Ms. Kapferer has a question for Mr.10 MacNeill.11 MS. KAPFERER: Thank you, Chairman.12 Mr. MacNeill, I'm wondering, are you able to13 share a bit about what degree of planning or due14 diligence --15 THE PUBLIC: Could you speak louder.16 MS. KAPFERER: Sure.17 Just curious if you could provide some18 information for like a typical, what would be the level19 of due diligence of planning that would be required for20 water and sewer?21 MR. MacNEILL: Yes, absolutely. So22 typically, every developers different, but typically a23 good developer would potentially build the stormwater24 sewer the city would provide. It's not, again, that's25 76 not a requirement at the board level, but at the board1 level in most cases applications do not have water and2 sewer service approvals before a Planning Board hearing.3 Any potential approvals for a development application4 would include a condition of approval for outside agency5 approvals, that would include water and sewer service6 approval. So that is absolutely going to be any, if we7 get to that point, would be a condition of approval for8 this application. That they have to obtain all outside9 agency approvals prior to getting to resolution10 compliance. So if the applicant cannot obtain water and11 sewer service through approval, the resolution would12 expire in two years and they'd have to come back to the13 board for either time extension or re-approval of the14 application.15 MS. KAPFERER: Thank you.16 MR. AFRAN: Mr. Chairman, I would just note17 --18 CHAIRMAN BAGOFF: Mr. Afran.19 MR. AFRAN: I would note as a legal point to20 the great extent to the boards engineer, obviously it's21 correct that approvals of other agencies are always a22 condition of approval. However, the law, and this comes23 from Field v. Franklin Township and a series of

the boards engineer, obviously it's21 correct that approvals of other agencies are always a22 condition of approval. However, the law, and this comes23 from Field v. Franklin Township and a series of other24 cases, and we'll get to that at the right point, makes a25