October 29, 2025, Planning Board Special Meeting - WEHI Transcript

11/19/2025 04:42:31 PM Page 37 to 40 of 149 10 of 59 sheets 37 CHAIRMAN BAGOFF: I want the answer that you1 give.2 THE WITNESS: So that is more complicated,3 but I think it could, but the mottling's difficult to4 give a specific answer with.5 CHAIRMAN BAGOFF: Okay. That's good. Thank6 you.7 Mr. Plocker.8 MR. PLOCKER: Yeah, I just have a very few9 brief questions.10 Thank you very much, Mr. Walsh. I reread11 your report, just by frame of reference, my client12 originally applied for the DEP permits in March of 202313 and the permits were issued on November 15, 2024. Does14 that sound about right?15 THE WITNESS: I think that sounds right.16 MR. PLOCKER: Okay.17 Did you or your firm ever have a chance to18 comment to the DEP at any point along during the19 application process?20 THE WITNESS: I believe we did.21 MR. PLOCKER: Okay.22 THE WITNESS: Multiple times. I think we23 sent several letters.24 MR. PLOCKER: I believe he sent one25 38 September 29, 2023. Does that sound about right?1 THE WITNESS: That sounds about right, yes.2 MR. PLOCKER: All right.3 And one October 30, 2023.4 THE WITNESS: I believe so, yes.5 MR. PLOCKER: Okay.6 And then there was one September 13, 2024,7 about two months before the permits were issued, is that8 correct?9 THE WITNESS: I think that's right. I don't10 have the dates.11 MR. PLOCKER: Okay.12 And you may recall you did send one, I don't13 know if it was coincidence or not, but on November 15,14 the same day that the permit was issued, is that15 correct?16 THE WITNESS: Yes, that's correct.17 MR. PLOCKER: So did you have a chance to18 make some or many of these comments to the DEP during19 the application process and the DEP review?20 THE WITNESS: Yes, the design changed so our21 comments can change, but many of these comments were22 reviewed.23 MR. PLOCKER: Okay.24 THE WITNESS: Some were reviewed in that25 39 last letter, but, yes.1 MR. PLOCKER: Thank you.2 And the permits were issued, correct?3 THE WITNESS: They were issued.4 MR. PLOCKER: Okay.5 And just one more point. Do you recall6 either you or you as a co-author, I believe it was you,7 sent a letter to the DEP dated April 29, 2025 during the8 pendency of this Planning Board proceeding about five,9 six months after the permit was issued, do you recall10 that?11 THE WITNESS: Yes.12 MR. PLOCKER: Okay.13 And isn't it true that you requested that14 the permit be suspended?15 THE

ceeding about five,9 six months after the permit was issued, do you recall10 that?11 THE WITNESS: Yes.12 MR. PLOCKER: Okay.13 And isn't it true that you requested that14 the permit be suspended?15 THE WITNESS: Yes, we did.16 MR. PLOCKER: Okay.17 Did the DEP suspend the permits?18 THE WITNESS: They have not gotten back to19 us, but, no, it's not been suspended.20 MR. PLOCKER: Okay. Thank you very much.21 That's all I have.22 CHAIRMAN BAGOFF: Thank you.23 Mr. Afran.24 MR. AFRAN: One clarification. The matters25 40 Mr. Plocker referred to are on appeal. So I want to1 remind the board there is an appeal pending in the2 Appellate Division on all of these issues Mr. Plocker3 raised. To the extent that DEP's rulings are binding or4 have impacts here, that, we don't agree necessarily that5 they do, but that matter is on appeal.6 CHAIRMAN BAGOFF: Okay. Thank you.7 Malvika, do you have any questions?8 MS. APTE: Not at this time. Thank you.9 CHAIRMAN BAGOFF: Any members of the public10 have questions for Mr. Walsh on his testimony this11 evening only? Please come up front, state your name for12 the record.13 MR. AFRAN: Let's make an arrangement. Mr.14 Walsh was actually at the lectern so --15 CHAIRMAN BAGOFF: Do any members of the16 public have any questions for Mr. Walsh about his17 testimony this evening? Okay. And remember ladies and18 gentlemen, comments are something we don't -- we're not19 listening to tonight. We have a meeting set up for20 that. So these are questions specifically to Mr. Walsh21 about his testimony this evening. If anybody starts22 testifying or comments, I would ask you -- I will ask23 you respectfully to be quite. Okay. Thank you.24 Go right ahead.25