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

11/19/2025 04:42:31 PM Page 69 to 72 of 149 18 of 59 sheets 69 existing traffic would be a vital part to understand the1 safety issues. You know, vital to understand the total2 picture.3 MR. MacNEILL: Yeah, so whether we agree4 with it or not this is a permitted use. So when a use5 is permitted it's included in the Master Plan and in6 that case they do not have to dive into the traffic7 volume counts.8 COUNCILWOMAN SCARPA: But shouldn't they?9 Maybe they don't have or it might not be the standard,10 but shouldn't they do it.11 MR. MacNEILL: I'm just outlining what is12 the standard. It's not my role to opine one way or the13 other. It's simply these are what the standards are in14 black and white, it is not my role to, again, have an15 opinion one way or another on the application.16 COUNCILWOMAN SCARPA: Would it be best17 practices to look at this a little bit more accurately?18 MR. MacNEILL: I can't comment on that. I'm19 sorry.20 CHAIRMAN BAGOFF: Okay. Thank you.21 Malvika, do you have any questions for Mr.22 MacNeill on his testimony?23 MS. APTE: Not at this time.24 CHAIRMAN BAGOFF: Mr. Plocker, do you have25 70 any questions for Mr. MacNeill on his testimony?1 MR. PLOCKER: I don't have any questions but2 I would just like to clear up, since it was addressed by3 the applicant previously during these hearings, is that4 as Mr. MacNeill said, the site plan application that's5 pending before the board has Kuzik Drive open. We are6 seeking a de minimis exception, I think it may have been7 a misnomer and it wasn't intentional on anyone's part,8 it's not really because there would be problems, it was9 because we have a specific obligation as a result of the10 settlement agreement to which the condominium11 association is a party and we agreed to seek that12 exception. It's understood that it's either granted or13 it's not. If it's not, as Mr. MacNeill said, it's open.14 So it's not, and it was done as a accomodation to -- for15 the residents of Kuzik Drive and that was a product of16 the negotiations which led to the settlement agreement.17 MR. CARDOZA: Thank you, Mr. Plocker.18 MR. PLOCKER: Thank you.19 CHAIRMAN BAGOFF: Okay.20 Do any members of the public have any21 questions?22 MR. AFRAN: I have some questions.23 CHAIRMAN BAGOFF: Mr. Afran.24 MR. AFRAN: Thank you.25 71 Mr. MacNeill, what's your understanding of1 the peculiar conditions that attach to this

any21 questions?22 MR. AFRAN: I have some questions.23 CHAIRMAN BAGOFF: Mr. Afran.24 MR. AFRAN: Thank you.25 71 Mr. MacNeill, what's your understanding of1 the peculiar conditions that attach to this property2 that give rise to de minimis exception?3 MR. MacNEILL: What peculiar conditions?4 MR. AFRAN: That's the requirement.5 MR. MacNEILL: So I'm not the applicants6 traffic engineer, that is a question for the applicants7 traffic engineer.8 MR. AFRAN: You reviewed their application?9 MR. MacNEILL: Yes, I did.10 MR. AFRAN: You commented on it for the11 board?12 MR. MacNEILL: Yes, I did.13 MR. AFRAN: My question to you is, to your14 knowledge what are the peculiar conditions?15 MR. MacNEILL: And my answer is that is a16 question that needs to be answered by the applicants17 traffic engineer.18 MR. AFRAN: Have you seen any evidence of19 peculiar conditions in this application that would meet20 the definition of the RSIS?21 MR. MacNEILL: I will reiterate my same22 response --23 MR. AFRAN: All right.24 MR. MacNEILL: -- that's a question for the25 72 applicants traffic engineer.1 MR. AFRAN: I'm going to reiterate my2 question and I'll ask it be answered. You read the3 application, you studied it, correct?4 Mr. MacNeill, I asked you a question.5 MR. MacNEILL: Correct.6 MR. AFRAN: Now that you've read the7 application and studied it and offered your8 clarification of the law and the rules, I'm asking you a9 very simple question. In your review have you seen10 evidence of a "peculiar" condition that RSIS requires in11 a property in order to grant a de minimis exception.12 Have you seen that in this file?13 MR. MacNEILL: My response does not change.14 MR. AFRAN: I couldn't hear you.15 MR. MacNEILL: My response does not change.16 MR. AFRAN: Okay.17 Now, you would agree a de minimis exception18 in the RSIS rules is described by several examples,19 correct? And those examples consist of -- let me just20 get that here. A. Reducing the minimum number of21 parking spaces and minimum number size of parking22 stalls.23 B. Reducing the -- well, I'll paraphrase,24 certain geometrics distinct design, "such as curbed25