November 10, 2025 Planning Board Special Meeting - WEHI Transcript

01/05/2026 03:19:18 PM Page 101 to 104 of 112 26 of 28 sheets 101 with the objectors and the applicant and the board1 members. The holidays are coming.2 MR. AFRAN: That's not the issue.3 CHAIRMAN BAGOFF: Of course it's the issue.4 We're trying to be reasonable with everybody.5 MR. AFRAN: I understand. I am concerned,6 people have been here for five years participating in7 this part of it, then leave out of necessity and then8 not be able to give public comment. Is there going to9 be another night for public comment? It is a bit much10 to expect people to stay from 1:00 o'clock to 9:00,11 10:00 o'clock to get to the right of public comment.12 MS. MCGOVERN: Well, there's two sessions,13 there's going to be at least an hour break in between14 and we have other business to do first thing starting at15 6:00 o'clock so that other business will be about an16 hour or hour and half. So the public wants to go home17 have dinner, do other things, there's that time. It is18 not straight through.19 MR. AFRAN: That's fine and so we're --20 that's not the issue. The issue is that the public has21 an absolute statutory right to comment. There's case22 law for example on objectors experts not being put very23 late at night. This is a sort of similar species of24 problem. The people could be here for five hours, four25 102 hours doing this phase of it, then they're expected, if1 they want to exercise their public comment rights, after2 they've been told for a year and half coming, they must3 now devote another five hours that same day. That's4 frankly not reasonable.5 CHAIRMAN BAGOFF: That may not be all in one6 night.7 MR. AFRAN: I am saying, we need to8 understand if there's another night for public comment,9 otherwise it's not going to work.10 CHAIRMAN BAGOFF: If there's enough public11 comment, of course there will be.12 MR. AFRAN: No, but if people have to leave13 after the first session and can't come back that night14 because their children or whatever, it may be, they're15 going to be deprived their right to public comment.16 They have been told for a year and a half it's coming17 and now they're told you get it only if you stay for a18 marathon session. That's not how the law works.19 MR. CARDOZA: He's saying at the end of that20 night it appears there's no more public comments someone21 that had already left would want to come for another22 night.23 MR. KLEIN: Let's

e law works.19 MR. CARDOZA: He's saying at the end of that20 night it appears there's no more public comments someone21 that had already left would want to come for another22 night.23 MR. KLEIN: Let's go ahead and plan for a24 second night.25 103 MR. ALPER: Do you think it will be long1 enough with Mr. Kleinberg?2 CHAIRMAN BAGOFF: I don't think Mr.3 Kleinberg is going to testify for four hours.4 MR. AFRAN: Here's the problem. The board5 members are public officials, if the board schedules a6 meeting at 1:00 o'clock and that means people give up7 time from work, that's the burden one assumes of the8 public official. However, the public normally comes at9 night when they're done with work, when they're done10 with feeding their kids and participate. That's the11 point of the citizen process. Now they're told well, if12 we finish in an hour at 1:00 to 2:00, public comments13 starts and by 5:00 o'clock if you didn't get to go and14 you have to and you can't be there in the middle of the15 afternoon, you lose your public comment. This is a16 problem.17 MS. McGOVERN: We never said it was going to18 end with the last person.19 MR. AFRAN: Let me be clear about this. If20 people are here -- if people cannot be here in the21 afternoon because they have childcare duties or work,22 your public officials may have no choice but to do that,23 but the public doesn't expect to give up their job to24 come here. That's not the way it works.25 104 CHAIRMAN BAGOFF: They come in the evening.1 MR. AFRAN: Just a moment. That's fine.2 However, if people are here in the afternoon and the3 only way to get their public comment is to go through4 this marathon session, that's equally unfair. I am5 saying we have to build in another night to make sure6 people aren't deprived. They've been told for a year7 and half they're getting public comment. We can't8 structure this part of a marathon session, many people9 may not be able to attend. It's very simple. We are10 going to need another night. That's all I am saying.11 CHAIRMAN BAGOFF: Why don't we see how much12 public comment there is in the evening.13 THE PUBLIC: Give us a date and a time14 certain for people to show up. That's all we're asking.15 I am near the microphone. We are asking that we be able16 to publish a date and time certain for public comment to17 begin when people come. They know when to come.18 CHAIRMAN BAGOFF: December

king.15 I am near the microphone. We are asking that we be able16 to publish a date and time certain for public comment to17 begin when people come. They know when to come.18 CHAIRMAN BAGOFF: December 3.19 THE PUBLIC: There's closed session first.20 There's a closed meeting before. People get here 7:0021 o'clock they sat here four hours tonight. Okay.22 Because the public can show up we would like to be in a23 position to say on a time and date certain this is when24 public comment will begin.25