August 14, 2024 Planning Board Special Meeting Transcript - WEHI

46 (Pages 178 to 181)46 (Pages 178 to 181) Page 178 1 opportunity -- if he's here -- well, is tonight an 2 opportunity? 3 CHAIRMAN BAGOFF: He hasn't testified. 4 The applicant is putting on their portion of the 5 application -- 6 MS. BENYO: And will the environmental 7 specialist be able to answer my questions about the 8 building materials that are being used by the fence 9 and the installation of the deer fence? 10 CHAIRMAN BAGOFF: Not tonight, because 11 our expert is not testifying. 12 MS. BENYO: When the environmental 13 specialist is available, will they be able to answer 14 my questions about the building materials of the 15 fence and the installation of the fence? 16 CHAIRMAN BAGOFF: If it's within his 17 scope of expertise, he will. 18 MS. BENYO: Whose scope is it -- whose 19 scope is it, responsibility to answer those 20 questions? 21 CHAIRMAN BAGOFF: Which questions, 22 ma'am? 23 MS. BENYO: The installation and 24 materials of the deer fence. 25 CHAIRMAN BAGOFF: The installation's Page 180 1 MS. BENYO: And the Planning Board -- 2 the cost of that environmental specialist, that's 3 being burdened by the West Orange taxpayers? 4 CHAIRMAN BAGOFF: No. 5 MS. BENYO: Who is paying for that? 6 CHAIRMAN BAGOFF: The applicant, 7 through the escrow fund. 8 MS. BENYO: Previously, I asked that 9 question specifically and the applicant specifically 10 said that they were not hiring any environmental 11 specialist. 12 CHAIRMAN BAGOFF: We didn't. They 13 didn't, we did. Ma'am, you have to follow the 14 rules. The Board has an escrow fund supplied by the 15 applicant. The township has not done that. We, at 16 our last meeting, had a motion and we engaged Mr. 17 DeFeo. Okay? There's a process. We're following 18 the process. 19 MS. BENYO: And who -- and who's 20 paying Mr. DeFeo, to confirm? 21 CHAIRMAN BAGOFF: I'm going to try 22 this again. I want you to listen closely. This is 23 paid for by the applicant through the escrow fund. 24 The Planning Board, at its pleasure, can hire 25 experts when we feel there's more information that Page 179 1 probably done by a contractor, the materials could 2 be talked about by Mr. DeFeo. 3 MS. BENYO: When will we have an 4 opportunity to speak to -- 5 CHAIRMAN BAGOFF: Okay, I'm going to 6 try this again. The applicant has to finish their 7 portion of the application. I don't know when. The 8 applicant has more people to bring

unity to speak to -- 5 CHAIRMAN BAGOFF: Okay, I'm going to 6 try this again. The applicant has to finish their 7 portion of the application. I don't know when. The 8 applicant has more people to bring before the Board 9 and the public. So as the application progresses, 10 we'll have a better idea. 11 MS. BENYO: I think that there's a 12 general feeling that the public keeps coming here 13 and asking questions and they keep being told 14 "That's not my area of expertise, I'm not authorized 15 to answer that question," and then we have the 16 lovely lawyer who chimes in and gives his written 17 statement for his responsibility -- 18 CHAIRMAN BAGOFF: That's why the 19 Planning Board has -- 20 MS. BENYO: -- I keep coming here with 21 questions and I keep being told that's not the 22 person's responsibility to answer. 23 CHAIRMAN BAGOFF: And that's why the 24 Planning Board hired an expert in environmental 25 science. Page 181 1 the Board and the public needs to hear. And Mr. 2 DeFeo is a well-known expert. 3 MS. BENYO: And the last time the -- I 4 apologize, I forgot the lawyer's name, he 5 specifically said that they were not -- he confirmed 6 that they were not hiring -- 7 CHAIRMAN BAGOFF: Okay. 8 MS. BENYO: Any -- 9 CHAIRMAN BAGOFF: Can I just try this 10 one more time? The Planning Board, us, on behalf of 11 the township, have hired an environmental expert. 12 MS. BENYO: The township has hired an 13 environmental -- 14 CHAIRMAN BAGOFF: Ma'am, I need you to 15 listen to me real closely. The Planning Board works 16 for the township but has a fund that is not from the 17 taxpayer pool. Okay? 18 MS. BENYO: So the applicant is paying 19 for the environmental specialist. 20 CHAIRMAN BAGOFF: Indirectly, yes. 21 MR. PLOCKER: And Mr. Hess and Mr. 22 Haizel. 23 CHAIRMAN BAGOFF: I'm sorry? 24 MS. BENYO: Can I ask if there's a 25 conflict of interest between the township hiring a