October 30, 2024 Planning Board Special Meeting Transcript - WEHI

1 of 80 sheets Page 1 to 4 of 203 11/06/2024 03:21:43 PM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 TOWNSHIP OF WEST ORANGE DEPARTMENT OF PLANNING AND DEVELOPMENT WEDNESDAY, OCTOBER 30, 2024 6:30 P.M. RE; PB-24-01 WEST ESSEX HIGHLANDS, INC. BOARD MEMBERS: ROBERT BAGOFF, Chairman JERRY GUARINO, Vice Chairman SUSAN McCARTNEY, Mayor BILL RUTHERFORD, Council President LEE KLEIN WILLIAM WILKES II LEE D. KLEIN, PE PTOE LORI KAPFERER (Alternate 2) JOHN R. CARDOZA (Alternate 1) KEN ALPER JOHN HESS, Engineer GERARD M. HAIZEL, Planner JAMILET BAQUERIZO VITE, Board Secretary GENIECE GARY-ADAMS, Zoning Official JOSEPH FAGAN, Zoom Moderator FISHMAN COURT REPORTING AGENCY 89 HEADQUARTERS PLAZA NORTH 4 SPEEDWELL AVENUE, SUITE 1440 MORRISTOWN, NEW JERSEY 07960 (973) 285-5331 - FAX - (732) 605-9391 2 A P P E A R A N C E S :1 2 H U T T , S H I M A N O W I T Z & P L O C K E R , E S Q S . B Y B R Y A N D . P L O C K E R , E S Q .3 B p l o c k e r @ h u t t s h i m . c o m 4 5 9 A M B O Y A V E N U E4 W O O D B R I D G E , N E W J E R S E Y 0 7 0 9 5 A p p e a r i n g o n b e h a l f o f t h e A p p l i c a n t5 6 G A C C I O N E & P O M A C O , E S Q S . B Y D I A N A P . M c G O V E R N , E S Q .7 O N E B O L A N D D R I V E , S U I T E 1 0 2 W E S T O R A N G E , N E W J E R S E Y 0 7 0 5 28 A p p e a r i n g o n b e h a l f o f t h e B o a r d 9 10 B R U C E I . A F R A N , E S Q . 1 0 B R A E B R U N D R I V E11 P R I N C E T O N , N E W J E R S E Y 0 8 5 4 0 A p p e a r i n g o n b e h a l f o f t h e O b j e c t o r , W e C a r e N J12 C o r p . 13 14 15 16 17 18 19 20 21 22 23 24 25 3 I N D E X1 W I T N E S S D I R E C T C R O S S R E D I R E C T R E C R O S S2 3 I N D E X O F E X H I B I T S4 E X H I B I T D E S C R I P T I O N P A G E5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 C H A I R M A N B A G O F F : A p p l i c a t i o n P B - 2 4 - 0 1 , W e s t1 E s s e x H i g h l a n d , L o t 3 2 Z o n e I H - 1 . T h e a p p l i c a n t i s2 p r o p o s i n g a 4 9 6 u n i t i n c l u s i o n a r y m u l t i f a m i l y3 r e s i d e n t i a l d e v e l o p m e n t o n a v a c a n t 1 2 0 a c r e p r o p e r t y i n4 t h e n o r t h w e s t c o r n e r o f t h e t o w n s h i p .5 A t t h i s t i m e I w o u l d l i k e t o c a l l M r . W a y n e D e f e o6 f o r t h e t r e e r e p o r t a n d c o m p l e t e f i l e .7 L a d i e s

s t c o r n e r o f t h e t o w n s h i p .5 A t t h i s t i m e I w o u l d l i k e t o c a l l M r . W a y n e D e f e o6 f o r t h e t r e e r e p o r t a n d c o m p l e t e f i l e .7 L a d i e s a n d G e n t l e m a n , M r . D e f e o h a s b e e n h i r e d b y8 t h e P l a n n i n g B o a r d o f t h e T o w n s h i p o f W e s t O r a n g e . T h e9 f e e s h a v e b e e n p a i d i n a n e s c r o w f u n d f r o m t h e10 a p p l i c a n t .11 M S . M C G O V E R N : W o u l d y o u p l e a s e r a i s e y o u r12 r i g h t - h a n d .13 D o y o u s w e a r o r a f f i r m t o t e l l t h e t r u t h t h e14 w h o l e t r u t h n o t h i n g b u t t h e t r u t h .15 T H E W I T N E S S : I d o .16 M S . M C G O V E R N : W o u l d y o u j u s t g i v e y o u r17 n a m e , p l e a s e .18 T H E W I T N E S S : W a y n e D e F e o , D - E - F - E - O .19 M i d d l e i n i t i a l D .20 W A Y N E D E F E O , h a v i n g b e e n d u l y s w o r n21 u n d e r o a t h t e s t i f i e s a s f o l l o w :22 C H A I R M A N B A G O F F : M r . D e F e o , w o u l d y o u t e l l23 t h e b o a r d a n d t h e p u b l i c y o u r e d u c a t i o n a n d l i c e n s u r e ?24 T H E W I T N E S S : Y e s . I h a v e a b a c h e l o r ' s25

11/06/2024 03:21:43 PM Page 5 to 8 of 203 2 of 80 sheets 5 degree in biology from Montclair State. I don't say1 college or university because it's to confusing and2 don't want to admit my age. I have a masters degree3 from Montclair State as well in environmental studies.4 I have a teaching certification of science K through 125 from Montclair State, which is a lifetime certification6 because of the time it was received. I have taught at7 New Jersey School of Conservation where I received my8 masters degree. I have concentrations in study on9 environmental science, biology, botany and orthology10 with a focus on the entire environment as part of the11 masters program.12 For the past almost four decades I have13 worked in the environmental field and currently work and14 have worked since 1995 running my own consulting firm,15 DeFeo Associates, which is an environmental consulting16 firm which focuses on sustainability, green building and17 environmental sustainability in terms of development.18 I am a LEED accredited professional as well19 with a concentration in building design, B, D and C it's20 called, Building, Design and Construction. That means21 that that concentration focuses on new construction in22 different areas. As part of a LEED accredited23 professional, excuse me, I will have worked on projects24 where we work on virgin sites and also sites that are25 6 existing with renovations to buildings from a1 sustainability standpoint. I have worked on buildings2 with regard to wellness and I have worked on landscape3 designs and currently most recently volunteered or was4 volunteered, I'm not certain which, working on the5 development of a rain garden for one of our local6 schools.7 I also serve as chairman of my environmental8 commission in my town and I have also served as vice9 chairman of the Interstate Environmental Commission from10 1992 to what, I can't remember what year, which is a11 tri-state environmental commission authorized by12 congress with jurisdiction in New York, New Jersey and13 Connecticut.14 CHAIRMAN BAGOFF: Are your licenses current15 in the State of New Jersey at this time?16 THE WITNESS: I am not per se licensed, but17 my LEED accreditation is, yes.18 CHAIRMAN BAGOFF: Are you familiar with this19 site and the application?20 THE WITNESS: I am.21 CHAIRMAN BAGOFF: And have you visited the22 site yourself?23 THE WITNESS: I visited

reditation is, yes.18 CHAIRMAN BAGOFF: Are you familiar with this19 site and the application?20 THE WITNESS: I am.21 CHAIRMAN BAGOFF: And have you visited the22 site yourself?23 THE WITNESS: I visited the site on numerous24 occasions since prior to the settlement agreement being25 7 signed to most recently in 2024.1 CHAIRMAN BAGOFF: Okay. Great.2 Mr. Plocker, after Mr. DeFeo presents would3 you like to question him about his report?4 MR. PLOCKER: I guess it all depends on what5 he has to say.6 I guess, just for the record, Bryan Plocker7 on behalf of the applicant.8 CHAIRMAN BAGOFF: Mr. Afran.9 MR. AFRAN: Good evening.10 CHAIRMAN BAGOFF: Would you or Mr. Afran11 want to ask about his credentials?12 MR. AFRAN: Well, I was going to raise that13 issue. Often boards do this and then later the cross14 can raise that. So I'm happy to do it that way if15 that's the boards pleasure.16 CHAIRMAN BAGOFF: That's fine.17 MR. AFRAN: So after their cross we'll raise18 our questions.19 Good evening, Mr. DeFeo.20 THE WITNESS: Good evening. How are you?21 MR. AFRAN: I wanted to say, I want to22 apologize for being late if I delayed the beard.23 CHAIRMAN BAGOFF: I was late too.24 Mr. DeFeo, you have the floor.25 8 THE WITNESS: When you're ready.1 CHAIRMAN BAGOFF: Yes, sir. You have the2 floor, sir.3 Thank you, Mr. Chairman and members of the4 A. audience, I'd like to present to you tonights overview5 of the site and the environmental conditions related to6 the trees in particular, which of course is concern of7 this group.8 What I have done in this presentation are a9 couple of things. First, I have done a historical10 satellite survey of the site and you can see here this11 site in 2002, roughly in the same area, this is the12 forest in question. Even down to the fact that there is13 this remaining site of soil. The site here is West14 Essex Highlands. Just as a point of knowledge, this15 would have been contiguous as forest to this forest at16 one time in history.17 You can see as I go through these sides in 200918 of course a winter slide and then in 2016 of course the19 difference in color is just seasonal. Be aware of that,20 it's a seasonal change.21 And now we have in 2019 a more detailed slide,22 but to go back and quickly note that over these slides23 you will see very little difference in the overall24 canopy of the forest. Now, that's because the forest25

3 of 80 sheets Page 9 to 12 of 203 11/06/2024 03:21:43 PM 9 canopy has been fairly consistent for a long number of1 years.2 In 2019 we were commissioned to perform a tree3 analysis using a quadro analysis and site analysis to4 determine the impact of the development on the tree5 structure and more importantly to determine what the6 condition of the forest was at that time. To get -- to7 accomplish this I hired Davey's Environmental, which was8 formally known as Amy S. Greene Environmental -- sorry9 let me correct that. In 2019 it was still Amy S. Greene10 Environmental, she has since sold the company to Davey's11 Environmental, my apologies.12 The analysis was performed in order to analyze,13 as I said, species of trees, the density, the types and14 their condition.15 Now, in this we did an analysis, or I should say16 Amy S. Greene did the analysis that I reviewed and it17 uses a basic statistical analysis for forests and we18 estimated a range of trees per acre. In order to be19 conservative, meaning to the greatest degree possible,20 say there are the most trees being removed when in fact21 there may be less, we used the highest density of trees,22 which is 212 trees per acre. In fact there was a range23 of trees, it could go as low as 64 per acre but because24 we were trying to demonstrate the most potential impact25 10 we went to the higher number. That would mean on the1 entire 120 acres we estimate, and understand that a2 forest analysis is not a tree by tree count, it is a3 statistical overview of that forest. So we estimate4 25,440 trees. Notice I put plus or minus, very similar5 to when you look at a survey you will see acreage as6 plus or minus. There might be more there might be less.7 What is important in that study, more important8 than the number in my opinion, is the very lack of trees9 less than four inches in diameter. A tree survey, a10 tree is by definition something greater than four inches11 in diameter, a woody plant and it is measured at what is12 called DBH or diameter breast height, which is four and13 a half feet aboveground. When you don't see any large14 number of trees below four inches that is an indication15 of something you have to look at in greater detail16 because it is saying there are no seedlings to replace17 the older trees in the forests where there appears to be18 a lack thereof. You can see that we have some

ou have to look at in greater detail16 because it is saying there are no seedlings to replace17 the older trees in the forests where there appears to be18 a lack thereof. You can see that we have some fairly19 large trees, 20 inches, 24, 28 and etc. But very few20 young trees. When you get to the four inch part you see21 a fair number of trees. When a tree is four inches in22 diameter it is generally tall enough to avoid deer23 browse. The basic finding of that study is that the24 forest is unhealthy because there is a distinct lack of25 11 diversity of plants. The trees are mostly older. There1 are virtually no seedlings or young saplings and the2 understory is virtually denuded in the forest with the3 exception of invasive plants. There are a number of4 barberry, if you walk -- if you walk through the site5 you will see Japanese barberry common especially in the6 wetland area. Japanese barberry is a plant that many of7 us have in our yards throughout West Orange and they8 migrate into this forest. Deer do not eat them. They9 are invasive, they crowd out native plants and they have10 almost zero wildlife value, but you see a lot of them.11 They're also very heavily thorned, so it's difficult to12 deal with them.13 An example on this slide shows you the actual14 site. Notice here as you look in this forest, forget15 the chair, but notice as you look at the forest that you16 can see without any impediment all the way through the17 forest. This is not what a forest is supposed to look18 like. A healthy forest does not look that way.19 This is an example of a study done of another20 site. Again, same problem. I can see through the21 forest. Here I've got some sunrise and -- I'm sorry.22 Sunshine. So I have some light undergrowth. You will23 see this also in this site, all though I don't have24 images of it, and that grass that we typically see on25 12 the property is Japanese stiltgrass, another invasive1 species. Has almost no wildlife value and is in fact2 highly invasive.3 A healthier forest looks more like this. Lots of4 undergrowth. Lots of young trees. Variety. This was5 taken in an area in New Jersey. Just so you know, this6 is an actual forest in New Jersey that I went to see the7 difference. The fundamental difference in these two8 slides is that this particular forest has fewer deer per9 acre, and therefore the plants have a chance to grow.10 So what

y that I went to see the7 difference. The fundamental difference in these two8 slides is that this particular forest has fewer deer per9 acre, and therefore the plants have a chance to grow.10 So what did we come across. Well, what we've11 done is we suggested as part of this that we look at, in12 the negotiations, back in I would say 2018, 2019 is my13 recollection, we made a recommendation to say, how do we14 protect the greatest amount of forest and how do we get15 the forest to regenerate. If we leave the forest as is,16 without any fencing, it will stay as it is today. Might17 these trees last another 100 years, they might. All18 though I will tell you, in my last inspection, which was19 probably June or July, we did notice that we had beech20 leaf disease invading the large beech trees. This is a21 new disease coming into the northeast that we don't know22 the cause of. We do know that within five to ten years23 it will kill every beech tree and most of the trees that24 I had observed were infected. You can tell the25

11/06/2024 03:21:43 PM Page 13 to 16 of 203 4 of 80 sheets 13 infection because it looks as though someone painted1 dark stripe, light stripe on every leaf as you look up2 into the canopy. Unfortunately this is happening3 everywhere. I walked three or four forests since then4 and it's, it's not a good sign.5 Historically, as you know, the ash trees in this6 forest are doomed. Ash is a species that we don't know7 how much longer it will live in the northeast. It is a8 native species. To give you a little context, in light9 of the Yankees playing tonight, you will notice that10 major league baseball players are now looking for11 alternative woods for baseball bats because there isn't12 sufficient ash for them to make their bats. This is an13 issue. We therefore suggested as part of the14 negotiation the deer fencing as much as we could get.15 The advantages are multifold. First, to put in context,16 the areas in green on this property are effectively17 undisturbed from the existing forest. The only areas in18 here that will have trees removed are in the areas that19 you see of course where the buildings are located and in20 the white areas here down to the storm detention areas.21 The areas in dark green, which are undisturbed but will22 be deer fenced, are designed to allow for regeneration23 of the forest. A lot of this area in here is wetland24 and unfortunately right now if you walk-through here you25 14 could not walk from here across here without getting cut1 up pretty bad. You would be cut up by the barberry2 thorns that are there.3 So to put some things in context, I know there's4 concern over disturbing the land, this is it. Most of5 this land will be undisturbed and will be protected.6 What does a deer fencing do is a question that I7 tried to answer. This is an example of an area very8 similar to this forest. These are all northeastern9 forests by the way, nothing taken out of this area. And10 this is the other side of the deer fencing after nine11 years. And if you notice there's a significant amount12 of undergrowth. There's significantly new trees here.13 The first time I observed deer fencing in operation and14 use was in a graduate study performed by a colleague15 back in 1982 and I can tell you that forest is almost16 fully regenerated.17 Effective deer fencing design is critical. If18 you don't do it correctly it doesn't work. In my

performed by a colleague15 back in 1982 and I can tell you that forest is almost16 fully regenerated.17 Effective deer fencing design is critical. If18 you don't do it correctly it doesn't work. In my report19 to the planning board you will see a recommendation by20 the New Jersey Department of Agriculture for a specific21 design in deer fencing, which will be this design. This22 was taken at the largest deer fenced restoration area23 that I know of in New Jersey, a total of 640 acres.24 Fully deer fenced. It's in Hillsboro at Duke Farms.25 15 The Duke Estate is a preserved 2700 acre estate. They1 have fenced one square mile, which is 640 acres. And2 they are studying the impact of how effective deer3 fencing can be. Deer cannot get through this fencing4 obviously. They will not jump it. Deer have a limit5 typically of six to eight feet and you will notice the6 large spacing here, small animals will have no problem7 getting through deer fencing. That was a concern raised8 in several of the hearings before. Fox, try to keep a9 fox out of anything, and that's not going to be done.10 If you've ever had chickens or have, chickens is the11 operative word. And other small game will have no12 issue. The issue of chipmunks, birds, they have no13 impact on deer fencing and deer fencing has no impact on14 them.15 These images are all taken at Duke Farms. This16 is three years worth of growth in a protected zone.17 Now, I'm going to go backwards quickly and I've come18 back. All right. What have I done wrong.19 See here. Put that image in your mind. Put that20 image in your mind. Sorry. There we go. And put that21 image in your mind. That is a significant change in22 growth pattern.23 Within a couple of years you really don't even24 know the deer fencing is there. Vines love deer fencing25 16 by the way, as you might imagine.1 This is deer fencing, again, taken at Duke Farms,2 because it is the largest, that I know, and oldest study3 that's been done in New Jersey in terms of continuous4 use. I don't see the deer fencing. I had a hard time5 seeing it and I was standing next to it. The6 undergrowth will come into play and takeover on that7 site.8 Another advantage of undergrowth is of course9 that the more growth I have the more plants I have, the10 more water I will absorb, if on the ground. The more11 undergrowth, the more water absorption, the more water12 absorption

rowth is of course9 that the more growth I have the more plants I have, the10 more water I will absorb, if on the ground. The more11 undergrowth, the more water absorption, the more water12 absorption the less runoff. And if you will notice on13 the map going this way -- I have to go backward, I'm14 sorry. There. If you'll will notice here, a lot of the15 deer fencing --16 MR. AFRAN: Could we just note, I'm sorry.17 Could we just note what screen it is, because there's no18 page numbers. This is a schematic of the plan.19 THE WITNESS: Just use SP-11, would that be20 helpful?21 MR. AFRAN: Yeah, that's okay.22 THE WITNESS: If you notice on this drawing23 from SP-11 a large section of deer fencing is on the24 steepest slopes. The undisturbed area is also in here25