October 30, 2024 Planning Board Special Meeting Transcript - WEHI

11/06/2024 03:21:43 PM Page 85 to 88 of 203 22 of 80 sheets 85 review, comply with the Tree Removal and Replacement1 section of the IH-1 zoning ordinance?2 THE WITNESS: In my opinion, based on what I3 have read, it does.4 MR. PLOCKER: Okay.5 And just one more clarification, and this is6 really a representation for the applicant. Did you7 represent, and I will reference the settlement8 agreement, you referenced a certain exhibit I thought9 you said you've shared with other professionals or10 towns, is that correct?11 THE WITNESS: Yes.12 MR. PLOCKER: I just want to confirm, is13 that Exhibit C to the Settlement Agreement entitled,14 Design Terms and Conditions?15 THE WITNESS: Just may I see it for a second.16 MR. PLOCKER: It's part of the --17 MS. MCGOVERN: Do you have your copy,18 because I have my copy.19 MR. PLOCKER: I have a copy here, and for20 the record, it's part of the application materials that21 is part of the website and agenda.22 THE WITNESS: Counsel, do you want me to23 look at this one?24 MS. MCGOVERN: If it's the Exhibit WO-2,25 86 which is part of the --1 MR. PLOCKER: Yes. I don't have it2 numbered.3 MS. MCGOVERN: Okay. Well, yes, go ahead4 and look at it.5 CHAIRMAN BAGOFF: Why don't you read what it6 says on top of the page.7 THE WITNESS: It says, Exhibit C, Design8 Terms and Condition WEHI Challenge Permit.9 CHAIRMAN BAGOFF: Perfect. Go for it.10 THE WITNESS: Yes, Exhibit C represents the11 environmental conditions of the tree replacement12 conditions of this.13 MR. PLOCKER: Okay.14 And just for the record, there are many15 terms and conditions in Exhibit C, other than dealing16 with the tree removal and replacement, and I just want17 to state on behalf of the applicant that my client is18 bound and will agree to every one of the terms and19 conditions in here as a condition of approval, aside20 from trees, you know, there are things about21 environmental friendly appliances that must be used in22 development, amongst other things. Recycling. And I23 just wanted to, you know, say for the record that,24 all-though the board is bound by the ordinance, we25 87 certainly are bound by the Settlement Agreement and we1 do agree as a condition of approval to all the items2 listed in Exhibit C.3 MS. MCGOVERN: What's not in that exhibit4 are the specifications from the, what was it, the New5 Jersey --6 THE WITNESS: New Jersey Department

ition of approval to all the items2 listed in Exhibit C.3 MS. MCGOVERN: What's not in that exhibit4 are the specifications from the, what was it, the New5 Jersey --6 THE WITNESS: New Jersey Department of7 Agriculture.8 MS. MCGOVERN: Will you agree to the9 condition that the fence will meet those specifications?10 MR. PLOCKER: Absolutely.11 MS. MCGOVERN: Okay.12 CHAIRMAN BAGOFF: And Mr. DeFeo will provide13 us with those specifications, please.14 THE WITNESS: I believe I have already, but15 I will be happy to resubmit them if you haven't gotten16 them.17 CHAIRMAN BAGOFF: Make sure we have them.18 MS. MCGOVERN: I want to make sure. There's19 a reference in the ordinance and Settlement Agreement or20 settlement in the design specifications to the fence but21 not the specifications themselves, so now we have that22 on the record.23 CHAIRMAN BAGOFF: Mr. Afran, do you have any24 questions, sir?25 88 MR. AFRAN: Well, I'm actually going to have1 about two hours of questions and that's going to prevent2 the public from going this evening. What we did earlier3 was very easily was to have the public go first, this4 way that dwindles down some of the subject areas.5 CHAIRMAN BAGOFF: That's fine. You're6 happy, I'm happy.7 MR. AFRAN: Probably means going over to the8 next night.9 CHAIRMAN BAGOFF: We'll start and see where10 we get to.11 Ladies and gentleman, at this time I'm going12 to ask you to come up, one at a time, get identified,13 and you may ask a question of Mr. DeFeo about his14 testimony. So questions start with where, which, how,15 when, why and what. Please do not testify or bring up16 information that you would like to say, you will be17 given an opportunity to do that at a later point in the18 application process. So we're going to keep this very,19 very simple. If I ask you to, if I raise my hand to ask20 you to stop, we'll stop, we'll talk, I may ask our21 attorney to opine, and we'll go forward. So one at a22 time.23 Ma'am, please come up to the microphone.24 State your name for the record.25