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

09/16/2025 06:29:53 AM Page 117 to 120 of 130 30 of 33 sheets 117 the Cox book which -- with approval, it's cited from the1 Cox book and it's 420 NY Super 341, which a2 certification was denied by the Supreme Court. So in3 other words, they were satisfied with what the Appellate4 Division ruled. The Cox book reaffirms that you don't5 have to describe every detail that happens but it6 specifically said, the fact that -- the fact that --7 recognizing that all though the practice of keeping a8 verbatim record of every everything is of value, it is9 not required. So we are going above and beyond what is10 required by the statute when we set forth these11 transcripts. So we have more than satisfied the12 requirements from the minutes. There might be a delay13 in getting them done, the transcripts I believe are --14 we have more minutes that are getting approved, I think15 that take us up to April. Is that right? That are16 going to get approved at our regular meeting. Our next17 regular meeting is next week. We are going above and18 beyond what the statute requires. So I take issue with19 your description that no minutes have ever been20 produced. Because they have been produced since last21 July 2024 through to currently January or February and22 then the balance of them through April or will be23 admitted next week.24 THE PUBLIC: Planning Boards own procedures,25 118 rules and procedures, was this Planning Board 3.021 special meetings, special hearing devoted to exclusively2 to the consideration of the specific application may be3 requested by an applicant, blah, blah, blah. Such4 hearing only scheduled at the discretion of the board.5 Hearing minutes three hours in duration. Special6 meetings -- I'm sorry. I'm reading from the wrong7 pages. Section 2.03, Secretary. "Secretary shall,8 under the direction of the Chair generally perform9 secretarial work for the board, including but not10 limited to among other things --" I'm sorry. 4,11 "Arrange to make a tape recording as a record of the12 proceedings of each hearing of the board in accordance13 with the rules and keep minutes of the proceedings of14 each meeting, including work meetings and hearing held15 by the board and to enter therein." These minutes are,16 shall, that's your own procedures.17 MS. McGOVERN: Yeah, we followed them.18 That's part of the statute.19 THE PUBLIC: No, transcripts are

ld15 by the board and to enter therein." These minutes are,16 shall, that's your own procedures.17 MS. McGOVERN: Yeah, we followed them.18 That's part of the statute.19 THE PUBLIC: No, transcripts are not20 minutes. I'm sorry. They may seem sufficient for21 appeal in a court, that's great, but they're written22 four to a page, they're five, six, seven months late, we23 don't see them. That's not sufficient for our experts24 to just listen to audio, thank you by the way to bill by25 119 the hour, these things are expensive, that's fine. But1 Municipal Land Use Law 4:55D-10.5, the regulations of2 certain governing review application not withstanding3 any provision law from the contrary. Those development4 regulations in effect of the date, I think it was 9C.5 40:55D-9C, I can pull it out for you here, but I sent it6 out to you the other day --7 MS. McGOVERN: And I just quoted it to you8 from 40:55-9C. That was what I just read.9 THE PUBLIC: -- the cases that applied.10 So I guess the discretion of the board to11 conform with any set of rules you would like. This is12 the largest application in town, it's maybe one of the13 longest opposed applications unfortunately and the14 ability for people to hear, to see, to come and be15 present, our experts, we've got more people to come but16 we're having a hell of a time trying to keep track17 what's in the record for our own experts. It's not18 there. Timely minutes, transcripts at the expense of19 the developer if you'd like, that's great. But that20 doesn't replace minutes and it doesn't give a record of21 the actions of the board.22 MS. McGOVERN: It does. It replaces minutes23 and it gives every single action of the board, every24 objection that was made, every objection that was25 120 sustained, every objection that was overruled. Every1 decision of the board, every person who's testified,2 who's providing information, that's contained in the3 transcript. It's better than minutes in a typical sense4 of the word.5 THE PUBLIC: So would it be fair to say6 before this board concludes these hearings and before7 this boards comes to it's own resolution and8 disposition, those -- all of those transcripts will have9 been approved and in the record before that happens?10 MS. McGOVERN: I am sure that we will have11 approved as many of the minutes as we can. If the12 transcript hasn't been provided to us yet, no, we

been approved and in the record before that happens?10 MS. McGOVERN: I am sure that we will have11 approved as many of the minutes as we can. If the12 transcript hasn't been provided to us yet, no, we can't13 approve it. Obviously.14 THE PUBLIC: So will there be a complete15 record of these hearings before you come to a decision.16 MS. McGOVERN: That's not the requirement.17 The requirement is that we get timely minutes and we are18 doing that.19 THE PUBLIC: Okay. So when the hearing is20 over, it is done, when will we know actually when we're21 getting a complete record?22 MS. McGOVERN: If you take an appeal you'll23 have a complete record. You can make a request for it24 and we would've already provided it to you.25