October 30, 2024 Planning Board Special Meeting Transcript - WEHI

11/06/2024 03:21:43 PM Page 197 to 200 of 203 50 of 80 sheets 197 the ordinance. Mr. DeFeo didn't testify he was the1 towns consultant in connection with the settlement. But2 any -- answering that question has no bearing on why we3 are here and a lot of people wasted a lot of hours over4 many days.5 THE PUBLIC: I don't consider it a waste.6 CHAIRMAN BAGOFF: Ma'am, ask the question7 again, please. I want to hear it again.8 THE PUBLIC: Well, the question is, I didn't9 hear any scientific evidence based on the testimony that10 deer fencing is the proper and only way to rehabilitate11 the forest.12 CHAIRMAN BAGOFF: Mr. DeFeo testified about13 a couple of ways to do it and as an expert he said this14 is the most reasonable way to do it.15 THE PUBLIC: That's an opinion that's not16 scientific.17 CHAIRMAN BAGOFF: That's right. That's18 exactly right. Ma'am, you're exactly right. He's our19 expert, it's his opinion. Short of culling the deer20 this was what he feels is the best way, that's what was21 presented to the board. I agree with you.22 THE PUBLIC: Correct. But he's not a23 forester either, by his own admission.24 CHAIRMAN BAGOFF: He's hired -- his company25 198 has hired, which was his testimony, foresters/arborist's1 that have presented a report to him that he's going to2 make available their information that will be published3 on the website.4 THE PUBLIC: Do you have the studies --5 well, let's say I would request that you present the6 studies from the Duke Estate that actually corroborate7 the plan that you came up with to have deer fencing. Do8 you have studies that prove that?9 THE WITNESS: I believe you asked me to10 provide you with that.11 CHAIRMAN BAGOFF: Ma'am, we've asked for12 that already. Duke Estate, and he will provide that.13 It will be on our website.14 THE PUBLIC: Does it exist?15 THE WITNESS: Yes.16 CHAIRMAN BAGOFF: It's a good question and17 it will be provided.18 THE PUBLIC: Because if we -- if you would19 just remove the barberry how would that have effected20 the forest?21 THE WITNESS: There are two answers to your22 questions -- two parts. First, a lot of the barberry's23 in the wetland area and therefore can't be disturbed.24 Can't go in there without getting DEP permission.25 199 The second part is, it would not do much1 because it would come back very quickly since barberry2 probably exist on most of the surrounding properties

go in there without getting DEP permission.25 199 The second part is, it would not do much1 because it would come back very quickly since barberry2 probably exist on most of the surrounding properties in3 that area. Actually three parts.4 Third part is, it doesn't stop the deer from5 over browsing the area. So it wouldn't, removing the6 barberry, I'd love to see it removed because I don't7 like the plant, but it's not going to do much to8 regenerate the forest. It'll do very little, if9 anything.10 THE PUBLIC: I just want to review, how long11 do you, when you have a regeneration, X amount of years12 are undergrowth and what is that amount?13 THE WITNESS: As I testified before, I can't14 give you absolute answers, but the slides I've shown you15 and the studies I've read say that within nine years or16 so you will not be able to tell that this was the same17 forest. Now, as was asked earlier, I forget who asked18 me the question at this point, what happened if weather19 and climate and everything else changed. That changes20 everything. All those numbers change. Everything21 depends on the weather, the climate and everything else22 that happens. But I would say, based on the studies23 that have been done, within nine years or so it should24 be pretty well growing in there.25 200 CHAIRMAN BAGOFF: Ma'am, I want to thank you1 for your questions. The hours struck.2 I would like to thank all the members of the3 public and all the members on Zoom for excellent4 questions.5 Mr. Afran, the question we have for you is,6 are you going to have experts, and if so, how many do7 you plan on having for us so we can have some8 management?9 MR. AFRAN: Yes, thank you. I assume that10 means Mr. Plocker's case is finished at this point?11 MR. PLOCKER: No, not at all.12 MR. AFRAN: Okay. So the next -- that's why13 I was asking. I have cross examination of Mr. DeFeo, as14 I mentioned, probably two hours. At that point I assume15 Mr. Plocker will go on with other witnesses. How we16 working that, because it depends on when I bring17 witnesses. In other words, if the applicant hasn't18 finished his case --19 CHAIRMAN BAGOFF: We now have another20 meeting, special meeting on November 13.21 Mr. Plocker, are you providing a planner or22 anybody else?23 MR. PLOCKER: We have a planner, you know,24 and we'll likely have a couple of others witnesses that25