November 13, 2024 Planning Board Special Meeting Transcript - WEHI

61 1 THE CHAIRPERSON: And we’re going to focus on 2 that next time. 3 MR. AFRAN: That’s fine. Absolutely. 4 THE CHAIRPERSON: Thank you. 5 Now, one moment -- Mr. DeFeo? 6 THE WITNESS: Just to be clear, the work that 7 was done by Duke Farms is a video conference. That’s 8 the study that was recorded. So, I don’t know what to 9 do other than to give you the link to the video 10 conference. 11 And as I stated in my secondary letter dated 12 December 6th -- I’m sorry, November 6th which, 13 unfortunately, we had trouble posting, I had stated 14 that I had interviewed the people at Duke Farms to draw 15 some of my conclusions, discussing the study with them. 16 I was inaccurate in my last testimony and I created -- 17 corrected that -- inaccurate in saying I had put the 18 two together. 19 I have seen the video. I talked to the 20 people at Duke Farms. I read the article and read 21 other deer studies. I don’t have a specific written 22 Duke Farms study to give you. It’s a video. I can’t - 23 - that’s posted. 24 MR. AFRAN: Well, that does clarify, Mr. 25 Chairman, but last week the representation was a study, 62 1 that’s why I asked. If you can just post the link, at 2 least that will be helpful. 3 THE WITNESS: It is posted. 4 MR. AFRAN: Great. Thank you. 5 Q Now, in Section 2.5.4 of the settlement 6 agreement, it references the following. The Township 7 and (indiscernible) recognize the importance of 8 preserving and/or optimizing the regeneration of the 9 forest in connection with the development of the 10 subject property. 11 But also recognize that the Township’s tree 12 protection and removal ordinance (Ordinance Section 13 25-7), (the tree ordinance), if applied to the proposed 14 development would constitute a cost generative 15 requirement contrary to Section 2.5.3 of this 16 agreement. 17 Now, is it fair to say that this is referring 18 to the cost of replacing those 6,000 plus trees under 19 the ordinary tree ordinance? 20 MR. PLOCKER: I’m going to object. The 21 settlement agreement speaks for itself. It was a 22 negotiated term and it was made part of the zoning 23 ordinance, that particular provision. 24 THE CHAIRPERSON: I’m going to say we’re 25 going to stay out of anything negotiated and stick with 63 1 the ordinance. Whatever is in the ordinance, that’s 2 what we’re going to follow. 3 MR. AFRAN: Well, I’m asking if, in fact, the 4 language I just

o stay out of anything negotiated and stick with 63 1 the ordinance. Whatever is in the ordinance, that’s 2 what we’re going to follow. 3 MR. AFRAN: Well, I’m asking if, in fact, the 4 language I just quoted is referring to what would be 5 the cost of replacing the trees under the ordinance. 6 Mr. DeFeo was a consultant to the committee. He’s 7 obviously familiar with this and it’s a proper 8 question. 9 THE CHAIRPERSON: Ms. McGovern? 10 MS. McGOVERN: I think you’re getting past 11 his expertise. He’s not here to interpret the 12 settlement agreement. 13 MR. AFRAN: To the contrary. He spoke very 14 clearly about the cost of deer fencing versus other 15 measures and -- 16 MS. McGOVERN: He is not here to interpret 17 this document. 18 MR. AFRAN: Well -- 19 MS. McGOVERN: The document is a negotiated 20 document prepared by attorneys and reviewed by the 21 parties as agreed to by the parties. 22 MR. AFRAN: Well, let me ask a question. 23 Q What role, Mr. DeFeo, did you play in 24 preparing the settlement agreement? 25 MR. PLOCKER: I’m going to object and just 64 1 say for the record, Mr. DeFeo did not prepare the 2 settlement agreement. 3 MR. AFRAN: I don’t know what Mr. DeFeo did 4 or did not and I don’t know how Mr. Plocker knows that. 5 MS. McGOVERN: Mr. DeFeo, did you prepare the 6 settlement agreement? 7 THE WITNESS: I did not. 8 Q Did you contribute to any of the items in the 9 settlement agreement? 10 MS. McGOVERN: Again, I think his testimony 11 is clear and I’m not going to answer for him but we’re 12 not going to go into the negotiation that took place 13 that resulted in this document. 14 Q Mr. DeFeo, who came up with the idea of deer 15 fencing in this agreement? 16 A I did. 17 Q And is it fair to say that you came up with 18 that as a replacement for the cost of placing trees 19 that the developer would otherwise have to bear? 20 A Not exactly as you stated. It came in as an 21 alternative because, if it’s allowable -- 22 MR. PLOCKER: Well, I think, Mr. DeFeo, with 23 all due respect, I’m just going to stop you there. 24 Object. 25 MR. AFRAN: He can talk -- well, he can