July 31, 2024 Planning Board Special Meeting Transcript - WEHI

7 (Pages 22 to 25) Page 22 1 slope on behalf of the applicant? 2 MR. ANDERSON: Not that I'm aware of. 3 MR. SHARRET: Okay. Thank you. 4 That's it. 5 CHAIRMAN BAGOFF: Thank you. Ma'am 6 and then sir. Come up, state your name and spell 7 your last name, please. 8 MS. BUTENSKY: Deborah Butensky, 9 B-U-T-E-N-S-K-Y. I live on Rappleye Court, West 10 Orange. 11 So I have a question regarding -- 12 MEMBER OF THE PUBLIC: Can't hear. 13 CHAIRMAN BAGOFF: Ma'am, could you 14 hold the mic up a little? 15 MS. BUTENSKY: Question regarding the 16 deer fencing. And similar to Mr. Sharret, what is 17 your credentials in terms of expertise with the deer 18 fencing? 19 MR. ANDERSON: Well, deer fence is 20 just like any other fence, it's just taller and it 21 has openings in it that allows, you know, some 22 animals to go through and keep larger ones out; it's 23 really not a complicated topic. In terms of getting 24 animals out of it and so forth, that is not my 25 expertise, but installing -- Page 23 1 MS. BUTENSKY: That's not where I'm 2 going. 3 MR. ANDERSON: -- the deer fence is 4 fine. 5 MS. BUTENSKY: I'm going with the 6 environmental impact of modifying a forest by 7 closing out approximately 30 acres on the west, 30 8 acres on the east of this 120 acres. On what basis 9 is the deer fence even necessary? I know it gives 10 the ability for the saplings to grow, but is that 11 your area of expertise? 12 MR. ANDERSON: No, that -- 13 MS. BUTENSKY: Are you an 14 environmental -- 15 MR. ANDERSON: All right, so -- 16 MS. BUTENSKY: -- or ecological 17 expert? You did say yesterday -- 18 MR. PLOCKER: He's trying to answer 19 the question. 20 CHAIRMAN BAGOFF: Ma'am, ma'am, this 21 was part -- the deer fence was part of the 22 settlement agreement. There was an environmentalist 23 who did do their expert opinion and the expert 24 opinion is on the record. 25 MS. BUTENSKY: In 2020. Page 24 1 CHAIRMAN BAGOFF: That's correct. 2 MS. BUTENSKY: And perhaps things have 3 changed, because it should probably be revisited -- 4 CHAIRMAN BAGOFF: Ma'am -- 5 MS. BUTENSKY: -- by an environmental 6 expert. 7 CHAIRMAN BAGOFF: Ma'am, last evening, 8 the Board engaged an environmentalist who will be an 9 expert of the Board and this will be one of the 10 questions that will be revisited. So yes, it's 11 going to be revisited. His expertise is not in deer 12 fencing and it is also part of the

l be an 9 expert of the Board and this will be one of the 10 questions that will be revisited. So yes, it's 11 going to be revisited. His expertise is not in deer 12 fencing and it is also part of the settlement 13 agreement, so it is agreed by all the parties that 14 it will be done. We will have our environmental 15 expert look at it to see how it -- if anything has 16 changed. So you will come back at another meeting 17 and hear more testimony. 18 MS. BUTENSKY: Okay. And it was also 19 stated by Mr. Anderson that the forest was deemed 20 unhealthy. 21 CHAIRMAN BAGOFF: There -- 22 MS. BUTENSKY: Is there any 23 substantiation? 24 CHAIRMAN BAGOFF: Yes. 25 MS. BUTENSKY: Is that opinion or is Page 25 1 that fact? 2 CHAIRMAN BAGOFF: That's fact, based 3 on the original documentation supplied to the three 4 parties and the Court that created the final 5 settlement agreement. 6 MS. BUTENSKY: Correct. And what date 7 was that? 8 CHAIRMAN BAGOFF: 2020. 9 MS. BUTENSKY: That's right. And what 10 date are we in now? 11 CHAIRMAN BAGOFF: If we're checking 12 dates, I have a calendar just like you do, so let me 13 just say -- 14 MS. BUTENSKY: My point is, just like 15 the Hudson River had been -- 16 CHAIRMAN BAGOFF: The Board -- 17 MS. BUTENSKY: -- polluted at one 18 time -- 19 CHAIRMAN BAGOFF: Ma'am -- 20 MS. BUTENSKY: -- things change -- 21 CHAIRMAN BAGOFF: Ma'am -- 22 MS. BUTENSKY: -- environmentally. 23 CHAIRMAN BAGOFF: Ma'am, the Board 24 understands and we've hired an environmentalist last 25 evening that will take this up and we will get an