March 4, 2026, Planning Board Regular Meeting - WEHI Transcript

03/11/2026 06:15:33 AM Page 85 to 88 of 136 22 of 54 sheets 85 fire safety and you could only must think in a fire, it1 could be life or death.2 MR. CARDOZA: Well, we know that one point3 of ingress for the fire department is actually only for4 Essex Fells, if I'm recalling correctly.5 MS. McGOVERN: Well, Oval Road, they have an6 agreement which was provided that in the event of an7 emergency that would be opened up. What has not been8 defined is what rises to the level of an emergency and I9 believe it's your, your services, your police department10 and your fire department in connection with their fire11 and police that make that decision because they're the12 excerpts in those cases.13 MR. CARDOZA: Okay.14 MS. McGOVERN: Similarly you heard that15 there's that emergency access out through Howell.16 Again, that would be a decision made by those experts,17 what constitutes an emergency to allow people to utilize18 that or is it just emergency access for fire, police and19 ambulance, if that's necessary. These are the things20 that you consider in terms of your own experience in21 life and what would be necessary.22 MR. CARDOZA: Appreciate that.23 So my next question would be, the extent to24 which we can consider environmental impacts, because,25 86 you know, you laid out our charge in stormwater1 management and drainage, sewage disposal, water supply,2 traffic circulation safety and the additional3 geotechnical stability. We heard a lot of testimony4 from, I should say our, the objectors experts regarding5 environmental impacts but then, you know, juxtapose that6 with Mayor McCartney brought us through how7 preservation, as she stated, is really not within the8 purview of the board being that this is private9 property. So the extent to which we consider it,10 because we've also, over 29 meetings we've done this,11 we're getting into the weeds in the law and we've had12 some dueling attorney, how should I say, dialogue back13 and forth, and so are we to consider, the extent that we14 can consider environmental impacts as a matter of law is15 it so, is it shoehorned into this narrow expense of the16 public's health and welfare or can it be, if we're to,17 you know, do to the letter of the law it can be broader18 in any capacity?19 MS. McGOVERN: I'm going to direct you to20 two things. I'm going to direct you to the ordinance21 which allows this area to be

know, do to the letter of the law it can be broader18 in any capacity?19 MS. McGOVERN: I'm going to direct you to20 two things. I'm going to direct you to the ordinance21 which allows this area to be developed, and that was a22 decision made a while ago. So you're being handed an23 ordinance for you to review to see if this site plan24 matches up with that. And I do not find anything in any25 87 case that that specifically speaks to the effect of the1 environment on the environment, other than those2 categories that we mentioned, stormwater management,3 sewer disposal, water supply, traffic circulation,4 safety. Now, because you can't get into the position5 where you are second guessing the passing of this6 ordinance, that was done. So your decision has to be7 based on, you're looking at the site plan, does it meet8 the definition of the site plan requirements under our9 ordinance and does it meet the feasibility qualities10 required for stormwater management and drainage, sewer11 disposal, water supply, traffic circulation, and I threw12 in geotechnical stability. That's all I can answer to13 you. If you feel as though it rises to the level over14 and above based upon the ordinance and whether they've15 supplied site plan information that takes it out of the16 realm of what the ordinance requires somehow, then that17 would be your decision.18 MR. CARDOZA: So thank you. That was19 clarified. That's really all I had. I just wanted to20 better contextualize everything that we heard and follow21 up on my fellow board members problems with that.22 CHAIRMAN BAGOFF: Okay.23 Go around the board again.24 Mayor McCartney, do you have any questions25 88 or comments?1 MAYOR McCARTNEY: So, we just raised that2 question about what constitutes an emergency. How do we3 define that? Is this --4 CHAIRMAN BAGOFF: Police department. We've5 had testimony, police department and the fire department6 are the two agencies that determine that. The ambulance7 is a function of the fire department, so that's who8 would determine emergency.9 MR. KLEIN: So who will decide whether to10 open up the access to Howell Drive or not?11 CHAIRMAN BAGOFF: Apparently that's the way12 it works from previous testimony. Or Essex Fells.13 MR. KLEIN: Oh, the other one.14 CHAIRMAN BAGOFF: And there'll be a Knox Box15 box. Supposed to be a Knox Box on both sites.16 MR. KLEIN: What about the Marie

from previous testimony. Or Essex Fells.13 MR. KLEIN: Oh, the other one.14 CHAIRMAN BAGOFF: And there'll be a Knox Box15 box. Supposed to be a Knox Box on both sites.16 MR. KLEIN: What about the Marie Terrace17 one?18 CHAIRMAN BAGOFF: I'm sorry.19 MR. KLEIN: The other, Marie Terrace, that20 was always a part of this?21 MS. McCARTNEY: I don't remember Marie22 Terrace. I don't remember that.23 MR. KLEIN: It's not, right?24 MR. ALPER: I suggested it because I've seen25