October 30, 2024 Planning Board Special Meeting Transcript - WEHI

9 of 80 sheets Page 33 to 36 of 203 11/06/2024 03:21:43 PM 33 COUNCIL PRESIDENT RUTHERFORD: So, so it was1 based, the number, the net number, and I'm a layman so2 you got to help me understand this. The net number of3 required trees to be replaced is almost 1500 more than4 what the ordinance would have required at that time?5 THE WITNESS: No, it would be less. We're6 giving credit for 279 native trees. They're getting a7 credit of 7123 trees for the deer fencing based on the8 density of trees and acreage that's being deer fenced.9 That is 1500 trees more than they would have been10 required to replant. So this number would be 1500 less11 is the point. We're giving -- the credit given to deer12 fencing is designed to maximize the forest. Sorry.13 MS. MCGOVERN: I just want to confirm,14 you're talking about the ordinance, are you talking15 about the ordinance for, for this zone or are you16 talking about the tree ordinance?17 THE WITNESS: The tree ordinance.18 MS. MCGOVERN: That was in general for the19 whole town?20 THE WITNESS: In general for the whole town.21 MS. MCGOVERN: That was what the Chairman22 handed you a copy of, the ordinance for this zone, so23 that's different?24 THE WITNESS: No, that's --25 34 MS. MCGOVERN: So that is not good. Okay.1 THE WITNESS: No.2 COUNCIL PRESIDENT RUTHERFORD: So what is3 the formula?4 THE WITNESS: I don't have the formula in5 front of me for the ordinance.6 COUNCIL PRESIDENT RUTHERFORD: No, what is7 the formula used to determine the credit for the deer8 fencing?9 THE WITNESS: 212 trees per acre times 3010 acres.11 COUNCIL PRESIDENT RUTHERFORD: So --12 THE WITNESS: I mean, you can't use 212 per13 acre to calculate the number of trees removed without14 giving the same credit to put them in. So it's an15 equivalent value either way.16 COUNCIL PRESIDENT RUTHERFORD: So the deer17 fence credit is 212 trees per acre that's fenced in?18 THE WITNESS: Correct.19 COUNCIL PRESIDENT RUTHERFORD: And that gets20 you 7000 trees?21 THE WITNESS: Correct.22 COUNCIL PRESIDENT RUTHERFORD: So by not23 planting a single tree or shrub or anything else, this24 applicant gets a credit for over 7000 trees planted?25 35 THE WITNESS: That's correct.1 COUNCIL PRESIDENT RUTHERFORD: Okay.2 I just want to understand, that doesn't seem3 logical to me.4 THE WITNESS: Well, you have to understand5 the condition of the forest. Right now you have a6 forest

COUNCIL PRESIDENT RUTHERFORD: Okay.2 I just want to understand, that doesn't seem3 logical to me.4 THE WITNESS: Well, you have to understand5 the condition of the forest. Right now you have a6 forest that effectively, for practical purposes, is in7 decline. If you want to regenerate and bring that8 forest back you must do something. So you can do any9 number of things, there are lots of plans and lots of10 programs that are used to regenerate forests, many are11 unpopular. For example, in the South Mountain12 Reservation, I'm sure you've all heard of deer hunts. I13 don't think that would be highly popular, but it14 certainly would help, if you were in a pure mathematical15 perspective.16 I will say to you at Duke Farms, their17 program it required taking out hundreds and hundreds and18 hundreds of deer, because that's the only way in their19 mind, because that has a different plan. That's not20 part of this. However, what we do know is deer fencing21 on its own will work, does take time, obviously. And we22 know it's extraordinarily expensive. Planting a tree is23 not that expensive. Planting a tree that will be killed24 is not much value. It doesn't regenerate the forest.25 36 It does nothing for the forest really. This, giving1 them a credit, offsets the cost of that deer fencing,2 which is extraordinarily expensive. Again, we're not3 talking about putting in a nylon fence on plastic posts.4 We're talking about a New Jersey Department of5 Agriculture approved designed deer fence, and as you saw6 that's galvanized wire. The more you know metals,7 galvanized wire is expensive, on wooden posts with cross8 supports. This is not something you just put in. The9 $20 per linear foot by the way I believe was for the10 fencing not for the installation. Plus posts.11 COUNCIL PRESIDENT RUTHERFORD: You said, you12 mentioned something in your testimony that the13 settlement agreement allows more trees to be taken down14 than actually are, did I hear that right?15 THE WITNESS: Yes, because in the settlement16 agreement they were allowed, if I recall, I don't have17 that in front of me right now, but it is that they only18 had, number one, put in 30 acres of deer fencing and19 they were allowed to disturb over 30 acres of land. I20 would defer to the planner for the exact numbers, but21 they have proposed less than 30 acres of disturbance.22 So therefore there is less

and19 they were allowed to disturb over 30 acres of land. I20 would defer to the planner for the exact numbers, but21 they have proposed less than 30 acres of disturbance.22 So therefore there is less trees down.23 MR. KLEIN: And more fencing?24 THE WITNESS: And more fence. They proposed25