As expected our attorney Michael Rubin did a superb job of cross-examining Chuck Latini, the City’s hired planner. Mr. Rubin had most of the 3 hours for his cross-examination. Mr. Potter, who is the attorney for International Realty will also have his opportunity to cross-examine Mr. Latini at the next Planning Board Meeting which is set for September 10, 2007.
The purpose for HSPC’s cross examination of the City’s planner was to show that the City hired someone who is basing his ideas, plans, and the designation on speculation rather than professional studies and cold hard facts.
For those of you who have been following the public meetings and Mr. Latini’s explanations of the SW area and his various studies/plans, I took dication through out the meeting so you may find the following dialogue more entertaining than one of my usual summaries.
The following are excerpts from the 3-hour dialogue between HSPC’s attorney Michael Rubin and Chuck Latini of Heyer Gruel. (For reference: Latini has been using the term “heat island effect” to describe how a surface parking lot heats up on a hot day and “sheet flow” to describe the water run-off from impervious surfaces.)
R: Who retained you, the Planning Board or the City?
L: Planning Board? Not sure.
R: Do you know or are you speculating?
non-committal response
R: So you don’t know?
L: No.
R: If you don’t know who hired you, who authorized you to revise the study?
L: Mr. Bado? (said as if he wasn’t sure.)
R: You characterize all surface parking lots as obsolete, correct?
L: Yes.
R: Why?
L: It’s an antiquated design solution.
R: Does that mean all urban parking lots are obsolete?
L: No.
R: Is the lot at Adams and Observer (strip mall) appropriate?
L: It’s iffy.
R: You said surface lots cause two negative impacts: heat island and sheet flow. And you’re saying this is detrimental to people’s health & safety?
L: Yes.
R: Do you need both negative effects to meet the (d) criteria?
L: No.
R: What scientific study have you done?
L: I researched on the web.
R: There aren’t any footnotes in your report.
L: No.
R: You’re not trained as a scientist?
L: No.
R: Can you QUANTIFY the affect?
L: No, I just got the information from various groups like the EPA site.
Then Rubin tested Latini on his scientific skills with various questions.
R: During the “heat effect,” what is the temperature raised to in the parking lot?
L: I don’t know.
There were more questions like this, none of which Latini could answer with a fact.
R: Your solution is to build a parking deck?
L: Yes, an energy efficient deck with appropriate landscaping to cool down the heat effect.
R: (Referring to Academy’s property)
The double stacked cars on lots 9 & 10 also mitigate the heat effect?
L: That’s a stretch for me.
R: This whole thing is a stretch for me!
R: If you had a surface parking lot with storm basins and drains, that would mitigate the sheet flow effect?
L: Yes.
R: You missed the storm drains on those surface lots, did you miss others?
L: No, I didn’t.
R: You didn’t see that HBC has two drains?
L: No.
R: Did you know that Academy has two storm drains?
L: No.
Rubin proceeded to test him on more drains in the area which Latini didn’t know about.
R: Given each lot has a storm drain – does it meet criteria (d) by your measure of sheet flow?
L: If those were adequate to handle flow it’s detrimental impact is mitigated.
R: Isn’t it your job to determine that before an area is designated in need of redevelopment?!!!
L: I still believe those lots negatively affect the area because they don’t have an interesting streetscape and they aren’t friendly to pedestrians. They are fragmenting the area.
R: What do you mean by fragmenting?
L: The neighborhood doesn’t function properly.
R: Why not change the zoning as suggested in the Master Plan? The Master Plan does not recommend a designation, right?
L: It doesn’t.
Break….
R: (Referring to sheet flow) You attribute that to flooding in the SW?
L: Yes.
R: Do you have an engineering study showing that?
L: No, I talked to people here about the old system in place.
R: There are properties who have their zoning applications on hold. Are they on hold until the SW is designated?
L: I don’t know.
R: Why weren’t these applications processed when they were filed 16 months ago? Aren’t you curious?
L: No.
R: Isn’t there enhanced value of the property with the designation?
L: Yes.
Closing….
R: You’re saying you know what’s better, what should go in this area – you know better than the original board who designed and approved the Master Plan?
….and then Latini tried to defend his study, etc…….
