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

31 of 59 sheets Page 121 to 124 of 149 11/19/2025 04:42:31 PM 121 Flex C.1 What the applicant -- what the board here2 has to review from the testimony that the applicants3 expert has provided is, there are four -- five items4 that the board has to review. One, the application5 relates to the specific piece of property. The variance6 that they're requesting relates to the specific piece of7 property.8 The purposes of the Land Use Law will be9 advanced by deviation from the zoning ordinance10 requirement.11 The variance can be granted without12 substantial detriment to the public good. I do want to13 stress on the fact, substantial detriment.14 And the fourth is the benefits of the15 deviation have to, again, substantially outweigh the16 detriment.17 I do want to go back to what Mr. Cardoza was18 trying to just moments earlier talk about, you know,19 when he was trying to balance in his head about how the20 benefits will outweigh the detriments. This is what the21 board has to kind of review over here with this22 application. Again, the variance is for the exposure of23 the walls and that's what the applicant is requesting.24 And the last kind of proof, again, the25 122 applicant has to provide, is that this variance, this1 bulk variance, will not substantially outweigh the2 intent and the purpose of the zone plan and the zoning3 ordinance.4 So to wrap up, this was the main task that5 the applicants expert had to provide to the board in6 terms of this bulk variance.7 Now, as we move to, one thing that the board8 has to understand is if the, if the, what we call the,9 relaxation of standards, of granting this variance it10 has to benefit not only the applicant but also has to11 present an opportunity for the general welfare of the12 entire community. So those are the aspects that the13 board has to look at.14 Now, the two RSIS de minimis waivers that15 the applicant is requesting, I already stated what they16 are.17 Now, the examples of de minimis exception,18 which is brought up again earlier tonight, the RSIS19 standards does list some of them as an example, but it20 also says these are not limited to only these examples,21 we're just giving them to you as some of the exceptions.22 What the board or the approving authority, the municipal23 approving authority in granting of these exception has24 to see is, again, there are four criteria's that

to you as some of the exceptions.22 What the board or the approving authority, the municipal23 approving authority in granting of these exception has24 to see is, again, there are four criteria's that the25 123 applicants expert has to meet. First of all, is the1 exception consistent with the intent of the RSIS act.2 Then, is it reasonable, is it limited and is3 it not unduly burdensome.4 Is it meeting the needs of the public health5 and safety, and does it take into account the existing6 infrastructure and possible surrounding development. So7 those are the four criteria's that, again, RSIS asks you8 to review and decide on when applicants are seeking the9 requirement.10 Now, the third part of what I had to do was,11 I know a lot of times, again, in seeking, in reviewing12 some of these transcripts, the question was brought up13 as to how this application has come about and I know a14 lot of times a settlement agreement is referred to and a15 concept plan is referred to. What I did together is16 kind of put together a concept plan which is attached to17 the agreement. It's, I believe, dated March 3, 2020.18 Reviewed that against the site plan, the latest site19 plan, I believe I have the date of October 28, 2024, and20 the ordinance. So I'm not going to go through each21 item, I know you guys have reviewed these site plan22 in-depth, however I do want to bring up the key points.23 First, the concept plan contemplated the24 multifamily use. The site plan does show a multifamily25 124 use and that is permitted in the IH-1 zone.1 The concept plan did show a dog park, a dog2 kennel, a maintenance building, a recreation building,3 which included a clubhouse and a pool and a pump4 station. Those items are in the site plan with, for5 example, the site plan does show a clubhouse with a pool6 and tennis courts. It does show a dog kennel, it does7 show an independent maintenance building and it does8 show a pump station.9 Now, does the ordinance provide for all10 this, I believe it does. It does list these accessible11 uses, it permits clubhouse buildings, it permits12 swimming pools, it permits courts, it permits pet13 friendly stand alone buildings, it permits maintenance14 buildings and permits parking.15 The concept plan, again, contemplated a16 maximum of 496 units. The site plan proposes 496 units.17 And the ordinance that's the max that it permits.18 Again,

enance14 buildings and permits parking.15 The concept plan, again, contemplated a16 maximum of 496 units. The site plan proposes 496 units.17 And the ordinance that's the max that it permits.18 Again, the applicant shows that.19 The concept plan requires set aside of 2020 percent, which comes to 99.2, but 100 units. The site21 plan proposes 100 units over here and that is what the22 ordinance also requires.23 And another key aspect was the concept plan24 contemplates an area of disturbance of about 26.9 acres.25