December 11, 2024 Planning Board Special Meeting Transcript - WEHI

01/08/2025 12:06:06 PM Page 53 to 56 of 100 14 of 38 sheets 53 So if a developer presented this study in 20101 Q. showing vastly larger number of trees than you found,2 shouldn't we at least give some credence to that as3 having some reliability since it really works against a4 developer?5 CHAIRMAN BAGOFF: I'm sorry, I think we're6 going down a realm where we don't want to be. Ask him7 about the trees in his study. You're asking8 hypotheticals about who said what in 2010. Let's not go9 there.10 Well, let me ask it this way. Mr. DeFeo, you11 Q. said you worked on forestry, on tree matters and tree12 plans before, right?13 Yes.14 A. Generally would a developer present a study that15 Q. they didn't have confidence in, in your experience?16 Again, it's the same question with different --17 A. You worked with other developers, right? Haven't18 Q. you.19 I haven't worked with developers. I usually work20 A. for towns or environmental commissions, not with -- not21 for developers per se, on clearing trees, no.22 Okay. Then I'll move on.23 Q. I have not.24 A. Thank you. I'll move on.25 Q. 54 Now, if it turns out this study is correct and1 yours is wrong, that means that the entire premises of2 this application with respect to trees is vastly3 understated, isn't that fair to say?4 MR. PLOCKER: Now I'm going to object to5 that question, because the tree count and tree removal6 and replacement process that the site plan application7 adheres to is set forth in the ordinance. So I don't8 think that is a proper question for Mr. DeFeo.9 MR. AFRAN: Well, he's here to speak in part10 to the idea of compensating for certain number of trees11 by putting a deer fence in.12 MR. PLOCKER: We're going to comply with the13 ordinance, Mr. Afran.14 MR. AFRAN: The actual tree loss is much15 more. That also pulls into doubt a lot of the premises16 on which Mr. DeFeo's reporting.17 MS. McGOVERN: Case law says the planning18 board has no jurisdiction to override the ordinance.19 MR. AFRAN: I'm well aware of that.20 MS. McGOVERN: So they have to take the21 ordinance, enforce the ordinance and see if the22 application that's submitted is in keeping and matches23 up to the ordinance. What it sounds like, and I may be24 incorrect, but it sounds like what you're trying to do25 55 is to prove that the ordinance should never have been1 passed. And that's not for this board to --2 MR. AFRAN: That

nds like, and I may be24 incorrect, but it sounds like what you're trying to do25 55 is to prove that the ordinance should never have been1 passed. And that's not for this board to --2 MR. AFRAN: That wasn't actually in my mind.3 MS. McGOVERN: Okay. Well, the point is4 that they have to take the ordinance the way it is.5 MR. AFRAN: Well, let me do it differently.6 Mr. DeFeo, the ordinance refers to the number of7 Q. trees to be lost on this proposal, doesn't it?8 I don't have the ordinance in front of me, but go9 A. ahead.10 Well, Mr. Plocker just said we're dealing with11 Q. the ordinance. There's a figure of lost trees in the12 ordinance, isn't that correct?13 I don't have the ordinance in front me. You're14 A. asking about the ordinance.15 Let me put it differently. That figure of lost16 Q. trees is based on your average of 212 trees per acre,17 isn't that correct?18 I don't have the ordinance in front me.19 A. I didn't ask you that. I just asked you another20 Q. question. I heard you.21 The tree study was provided to the Township as22 A. part of the negotiation, that's all I know. I can't23 speak to other -- the specifics of the ordinance is not24 in front of me, I can't speak to it.25 56 COMMISSIONER KLEIN: He asked a math1 question. Ask him again.2 Ask me again.3 A. Do you agree, and it's referenced in your own4 Q. papers, there will be 6,390 trees destroyed by the5 project, isn't that correct?6 I believe the initial removal, I believe that's7 A. correct. I don't have my slide in front me, but I8 believe that's correct.9 Now, that's based on an average figure of 21210 Q. trees per acre of disturbance, isn't that correct?11 Yes. I've testified that before, yes.12 A. Now, to the extent that's in the ordinance, for13 Q. example that figure is based on your 212 per acre14 calculation, correct?15 Correct, which is the highest number of the16 A. various ranges we had.17 But if your study is wrong and the 2010 study is18 Q. right, then an actual number of lost trees to be19 destroyed will be much higher, isn't that fair to say?20 If the math is different than the math is21 A. different, correct.22 Okay.23 Q. The math is the math. What variables you put in24 A. the formula determine the outcome.25