January 28, 2026, Planning Board Special Meeting - WEHI Transcript

31 of 66 sheets Page 121 to 124 of 155 02/26/2026 05:17:42 PM 121 what he wants and typically they get what they want by1 hiring a slick lawyer, like Mr. Plocker, and he always2 has an answer to everything.3 Now, Mr. Plocker built his career with words4 like Mount Laurel and builders remedy and settlement5 agreements and he does always get his clients what they6 want, until now perhaps. But I actually think what is7 going on here is very simple, and my public comment to8 you, the Planning Board, can be summed up with four9 words and I think they were actually said by a few10 people tonight and I haven't conferred with any of them,11 those four words are basically, do the right thing. And12 what it means is, do the right thing for public safety.13 Do the right thing for the concerned citizens of the14 community. Do the right thing so that anyone who15 becomes a US citizen like me learns in my civics test16 which was, uphold democracy and represent the wishes of17 the community. Do the right thing. Please. All this18 legal speak about settlement agreements, it's not an19 excuse for poor planning. Poor planning is a decisions20 are just that, poor planning decisions.21 Now, personally I'm terrified what the water22 that my kids are going to have to drink because of this23 development. I'm terrified about the air that my kids24 are going to breath because of this development. I'm25 122 worried about the traffic congestion on Eagle Rock1 because of this development. Think of your kids or your2 grand kids or your future kids and how will you explain3 to them that you agreed this was a good planning4 decision.5 So members of the Planning Board, thank you6 for what you do. You volunteer to support your7 community, you give your time to this community, you can8 now vote to project your community too by denying this9 application on the grounds and the risks to public10 safety that it presents. Don't be intimidated by Mr.11 Plocker here. His legal speak about a settlement12 agreements and the threats in his legal letters,13 regardless of what he wants you to believe, you do have14 a choice. You can choose to make good planning15 decisions in the best interest of the community, your16 community. So I hope for our kids, you'll do the right17 thing --18 CHAIRMAN BAGOFF: Thank you.19 THE PUBLIC: -- and choose to deny this20 application. Thank you, Mr. Chairman.21 CHAIRMAN

nity, your16 community. So I hope for our kids, you'll do the right17 thing --18 CHAIRMAN BAGOFF: Thank you.19 THE PUBLIC: -- and choose to deny this20 application. Thank you, Mr. Chairman.21 CHAIRMAN BAGOFF: Thank you very much.22 THE PUBLIC: My name is Susan Pannullo. I23 live in the 200-foot zone. And you'd like to swear me24 in.25 123 MS. McGOVERN: Yes.1 Do you swear or affirm to tell the truth the2 whole truth and nothing but the truth.3 THE PUBLIC: I do.4 So I speak to you as a brain surgeon and I5 teach engineering with an emphasis on doing things to6 enhance and protect human health and safety. When we7 assess risk and consider doing a surgery, like brain8 surgery, or doing a project, we say, first do no harm.9 Could everybody say that. First do no harm. One more10 time, because I don't have a lot to say so, first do no11 harm. Okay. Thank you.12 There's a fatal flaw here. Mr. Kleinberg13 failed to defend the use by one set of experts, less14 stringent safety standards applied to the risk analysis15 regarding the building which has been referred to as16 Building D, I think of it as the skyscraper, rather than17 more stringent safety standards. When pressed, and I18 unfortunately felt compelled to press him, because19 that's the kind of thing that brain surgeons and20 engineers do, we think through stuff. We obsess about21 stuff and we press people. When pressed, Mr.22 Kleinberg's answer was something about money. And I23 asked him again, because I had trouble processing that,24 I don't understand a lot about money or a lot of the25 124 other issues that everybody's been talking about, very1 narrow realm. But again, it was something about money.2 This application smells of a fatal flaw. One of the3 superpowers that you have to have to be a brain surgeon4 or to be an engineer where risk is involved, is smelling5 something doesn't look right. Something's a fatal flaw.6 We cancel surgeries all the time because somethings off.7 You see a blood test off, somethings off and you say, we8 just should stop here. That's what we do, we stop. We9 stop. Dead stop and we say, let's roll this entire10 thing back again and look at it and sometimes it's11 horrible, you set everything up, the family's all there,12 everybody's all ready to go and you have to stop and13 it's annoying and it's costly and it's inconvenient, but14 when we smell a fatal flaw we stop. So I

set everything up, the family's all there,12 everybody's all ready to go and you have to stop and13 it's annoying and it's costly and it's inconvenient, but14 when we smell a fatal flaw we stop. So I can't comment15 on all the other compelling issues that we've heard16 about, a lot of which I learned about over the past17 years, but on the basis alone, the risk of a fatal flaw18 here, a fatal flaw, and I mean literally, fatal flaw.19 Like in brain surgery if you mess up it can be a fatal20 flaw. Based on the risk of a fatal flaw here you must21 reject this application as submitted. Thank you.22 CHAIRMAN BAGOFF: State your name for the23 record, please.24 THE PUBLIC: My name is Richard Baum, I live25