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

29 of 54 sheets Page 113 to 116 of 136 03/11/2026 06:15:33 AM 113 street thing is so important at this point that you1 don't even want to get to that point. These are for you2 to discuss.3 MR. CARDOZA: Maybe Mr. Chairman, you can4 just poll the board on the extra street?5 CHAIRMAN BAGOFF: I think we should ask the6 applicants attorney first. If that's the only thing7 that's holding up preliminary.8 MS. McGOVERN: He can't answer that.9 MR. PLOCKER: Yeah, I wouldn't be able to10 answer that now obviously. I have a client11 representative here with me, we don't have any12 professionals. Like Ms. McGovern said, it was the first13 time during the almost 30 hearings that the issue was14 brought up. Or, you know, or even casually mentioned.15 So, I don't think it would be proper for me to respond16 right now, if it's something we're first hearing17 tonight. We appreciate it though. Thank you.18 MR. AFRAN: Mr. Chairman, you can't hear one19 side and not the other.20 MR. PLOCKER: Yes, he can.21 CHAIRMAN BAGOFF: Stop. Stop. Stop. All22 he said was, he can't answer right now. That's okay.23 If you want to say, you can't answer right now too,24 that's okay too.25 114 MR. AFRAN: No, I want to say --1 CHAIRMAN BAGOFF: Stop right there. Stop.2 MR. AFRAN: This is a legal issue.3 CHAIRMAN BAGOFF: Hang on one second. I4 have to speak to the attorney before you talk over me,5 please.6 What is it in relation to?7 MR. AFRAN: What Ms. McGovern just8 suggested. As a matter of law we do not wish to be seen9 as remaining silent on the idea that these very major10 additional pieces of information can be left for final11 approval, and for one important reason. When12 preliminary site plan approval is granted the applicant13 can start building. These major items need to be known14 now. They are not things that can be left for final.15 If they're not known now they are fundamental elements16 as to feasibility. If you allow that to be done through17 final you're allowing the applicant to start building18 before all this information is known.19 CHAIRMAN BAGOFF: Before you go down this20 roadway, maybe you should hear what -- I'm sorry.21 Go ahead.22 MS. MCGOVERN: A condition can be added,23 that would be that no improvements begin until final24 site plan has been approved.25 115 MR. AFRAN: Well, that's answering my1 question. In other words, but improvements would also2 have to mean

d,23 that would be that no improvements begin until final24 site plan has been approved.25 115 MR. AFRAN: Well, that's answering my1 question. In other words, but improvements would also2 have to mean you're not cutting the forest down, just3 because you got preliminary.4 CHAIRMAN BAGOFF: Before you -- we have5 everything in hand, sir.6 MR. AFRAN: I don't know because7 improvements and tree cutting are not necessarily the8 same.9 CHAIRMAN BAGOFF: Okay. Then we're in the10 middle of the story.11 MR. AFRAN: Okay.12 CHAIRMAN BAGOFF: Wait for the next chapter13 and then you --14 MR. AFRAN: But it's important for me to set15 this point, because it's an important question. If the16 applicant can get preliminary, then cut down 27 acres of17 trees, that doesn't do much good even though you got a18 final coming. So the question is if --19 MS. McGOVERN: You can't argue anymore about20 this. The board heard your position and they'll make a21 decision.22 CHAIRMAN BAGOFF: Thank you.23 MS. MCGOVERN: You made your point.24 MR. AFRAN: Well, I made my point but it's25 116 important that these things be heard from the parties as1 you're going forward on legal issues.2 MS. McGOVERN: Understood.3 MR. PLOCKER: Chairman Bagoff, may I.4 CHAIRMAN BAGOFF: Thank you.5 Mr. Plocker.6 MR. PLOCKER: Yeah. I could short circuit,7 at least in the short-term. It would be my8 recommendation as the applicant, I know it's up to the9 board, but one of the options that you floated was to10 not have a vote tonight and for us to consider some of11 the things that were mentioned here and we are willing12 to do that.13 CHAIRMAN BAGOFF: Okay.14 MR. AFRAN: That would solve my concern.15 MAYOR McCARTNEY: Mine too.16 CHAIRMAN BAGOFF: Thank you for letting me17 finish. You know, you haven't trusted me the whole18 thing. The whole time here. You got to give me --19 MR. AFRAN: I do trust you, but I have a20 duty.21 CHAIRMAN BAGOFF: I appreciate that, but you22 have to give me the opportunity to be wrong. Okay.23 Thank you.24 MR. AFRAN: I withdraw any rush.25