February 25, 2026 Planning Board Special Meeting - WEHI Transcript

03/20/2026 06:14:03 AM Page 85 to 88 of 154 22 of 68 sheets 85 no evidence of that. No one testified to it. We have1 no evidence of sewage feasibility. No one testified to2 it. We don't even know if water actually can go in3 here, and where the pumping stations going to go.4 There's no land left. We can't stick them on the5 wetlands, we can't stick them next to the wetlands6 because the buffer zones are there. All of these7 things, as Bill Greene testified and it was almost8 entirely unrefuted, are not shown. And the court is9 very clear. "Feasibility must be resolved prior to10 preliminary approval." And you can't say, we'll leave11 it for a condition of approval. The law doesn't allow12 it. We've given you a multiplicity of reasons why this13 plan should be denied. Those reasons will stand up in14 court.15 In the end, and there's a lot more we could16 talk about, but frankly I've spoken long enough, and I17 think you get the idea of this case. In the end you've18 got to decide, are you satisfied that the adequate proof19 as to all of these very necessary questions are shown.20 If adequate proof is not shown to satisfy you public21 health, safety, welfare, and in many cases the law, are22 satisfied, you have to say, no. And I can tell you23 based on this evidence, no court in this state is going24 to overturn that decision. And we'll be right there25 86 defending it. If you're not satisfied you must vote no,1 it's not an option.2 I want to thank you for listening, I was a3 little longer than I thought, I apologize. Thank you4 for these 28 meetings, a year and a half of time here.5 Ms. McGovern and I were talking, you know, what do we do6 on these Wednesday's, Dr. Bagoff I know doesn't know7 what to do one way or the other. So thank you very much8 and I'm open for questions.9 I thank our supporters.10 CHAIRMAN BAGOFF: Thank you very much, Mr.11 Afran.12 We're going to take a five-minute break.13 (Whereupon, a short recess is taken.)14 CHAIRMAN BAGOFF: Thank you.15 Welcome back, ladies and gentlemen here and16 on zoom.17 Mr. Plocker for the applicant, closing18 remarks, sir.19 MR. PLOCKER: All right. Thank you very20 much and I'm going to do my very best. I'm trying to21 decide whether I'm going to wear my readers or not, and22 it's probably going to make me look awkward at times,23 but I guess I'm old and I have to come to that24 realization, so we'll figure

ing to21 decide whether I'm going to wear my readers or not, and22 it's probably going to make me look awkward at times,23 but I guess I'm old and I have to come to that24 realization, so we'll figure that part out.25 87 Thank you, Chairman Bagoff, Vice Chairman1 Guarino, Mayor McCartney, Council President Scarpa and2 the rest of the board members.3 My client and I recognize that the4 conducting of so many special meetings required5 additional time away from lives and your families and it6 was obvious that all of you put in the commitment7 required to not only be here but take these proceedings8 seriously. Even taking the time to review the9 transcripts or listen to the audio from meetings you10 couldn't attend.11 Now, not once was I notified that we had to12 cancel the meeting at the last minute because we didn't13 have a quorum, and that's commendable for so many14 meetings over a year and half. I can tell you from15 experience it does not always happen that way in other16 towns. Even for regular meetings, so it really is17 extraordinary. It really shouldn't go unnoticed because18 this board does play an important role as set forth in19 the Municipal Land Use Law. The law. That may be a20 dirty word to some people in this room, but planning21 boards are a creation of and bound by the law.22 Including established judicial precedent. You're23 required to public hearings on-site plan applications,24 you review evidence, you hear the facts, you hear25 88 testimony from the applicants witnesses, from the1 objectors witnesses, and in this case the board took the2 additional step of asking its own professionals to weigh3 in and offer testimony after it heard from both sides.4 That is also not something that happens every day.5 There is no doubt that this board took extraordinary and6 meaningful efforts to understand all aspects of my7 clients application so it could comprehend the facts8 within the context of its legal duties, the law and the9 facts. There is a famous quote by Carl Sandberg, which10 has been somewhat prevalent in the news lately. "If the11 facts are against you, argue the law. If the laws12 against you, argue the facts. If the law and facts are13 against you, pound on the table and yell like hell."14 During public comment we heard a lot of, Do the right15 thing. Save the forest. The town should buy the16 property. Yelling about how the

s are13 against you, pound on the table and yell like hell."14 During public comment we heard a lot of, Do the right15 thing. Save the forest. The town should buy the16 property. Yelling about how the application before you17 is so incomplete that it should have never even had a18 hearing in the first place. They screamed, there's no19 sewer plan. There's no water plan. Mr. Afran just said20 there's no sewer plan, no water plan. I'm going to show21 how very wrong he is. It wasn't a mischaracterization,22 it's just wrong. Those assertions are not based in law23 or in fact.24 During the last two meetings the board heard25