December 11, 2024 Planning Board Special Meeting Transcript - WEHI

17 of 38 sheets Page 65 to 68 of 100 01/08/2025 12:06:06 PM 65 fair to say?1 No, as it currently -- I don't know if it's been2 A. adopted. I read some earlier drafts but that's all I3 looked at.4 Well, in those earlier drafts didn't you inquire5 Q. that a detailed tree removal plan identifying each tree6 and species and the location?7 I really don't recall the details of those old8 A. drafts. I don't recall.9 Okay.10 Q. So sitting here today you don't recall what was11 adopted into law in the current tree ordinance?12 That's correct.13 A. MR. PLOCKER: How is the current tree14 ordinance relevant? I'm sorry to object, obviously it15 doesn't apply to us. We have our own tree removal16 replacement provisions in this zoning ordinance.17 MR. AFRAN: I'm glad Mr. Plocker raised the18 question, because it does get to the point we're going19 to face. The tree ordinance is a mandate of DEP, which20 acts under it's authorizing statute. Enactments in21 state are a product of statute as opposed to ordinance22 following the time of decision rule, not the time of23 application rule. And therefore since the tree24 ordinance is mandated for each community by DEP and25 66 DEP's acting under the statutory powers, a fair argument1 lies in the fact that the application is governed by2 this new ordinance because it follows the time of3 decision rule. In addition any ordinance that is a4 public, health, safety and welfare measure under MLUL5 45:55D-10.5 is in fact -- sorry, 50-10.5, is in fact6 time of decision not time of application. And so if the7 tree ordinance, which is in effect one, flows from the8 statutory power of DEP then it follows the time of9 decision rule and it is binding on this application.10 Alternately if it is a public, health, safety and11 welfare measure, as was said in its text, then it also12 binds this application because such case follows the13 time of decision rule and this is an issue we will be14 raising as we go further in the case.15 MS. McGOVERN: What's the statue, 55 --16 MR. AFRAN: I believe it's MLUL 40:55D, and17 I believe it's 10.5.18 MS. McGOVERN: 10.5. Okay.19 MR. AFRAN: I may have cited it wrong but I20 believe that's correct. And so our position is that the21 new tree ordinance governs and binds this application.22 Now, I will ask one or two more questions.23 Q. Mr. DeFeo, if you don't recall the contents of24 the ordinance just tell me

ition is that the21 new tree ordinance governs and binds this application.22 Now, I will ask one or two more questions.23 Q. Mr. DeFeo, if you don't recall the contents of24 the ordinance just tell me and I'll move on.25 67 Now, you recall under the present tree ordinance1 in effect that no development project may destroy trees2 closer than 100 feet to a ridge line?3 I really can't answer any questions on this4 A. ordinance, I have not read the detailed new ordinance.5 I don't know.6 Then I will hold those questions for another7 Q. opportunity with another witness.8 MR. AFRAN: Mr. Chairman, if I may have a9 moment to check my notes.10 (Whereupon, a short recess is taken.)11 Mr. DeFeo, if I was to ask you any specific12 Q. questions about requirements in the current tree13 ordinance would your answer be the same, that you're not14 familiar with it's contents at this point?15 Correct, I am not familiar with it.16 A. Okay.17 Q. MR. AFRAN: Mr. Chairman, I will hold the18 remainder of those questions on that point because the19 witness says he's not competently familiar with its20 contents, so there's no purpose in my going forward on21 those questions.22 MS. McGOVERN: Contents of the tree23 ordinance?24 MR. AFRAN: Yes.25 68 MS. McGOVERN: You want him to come back?1 MR. AFRAN: No, I don't think that's2 necessary at this point. I would have liked him to3 answer, but if he's not familiar with it at this point.4 MS. McGOVERN: Okay, hold on. I just want5 to make sure we're not requesting that he return another6 day.7 MR. AFRAN: Well, let me put it this way.8 We will use our own experts for those purposes and it's9 possible Mr. DeFeo on his own or through the boards10 desire may want him to come back.11 MS. McGOVERN: Understood.12 MR. AFRAN: But I don't think we need to13 bring him back for that. The ordinance speaks for14 itself. If it applies it speaks for itself. I don't15 need for Mr. DeFeo to come back.16 Hang on. Just need two or three minutes to17 make sure I'm done.18 (Whereupon, a short recess is taken.)19 Yeah, I do have one more question for Mr. DeFeo.20 Q. You're presently the Township Environmental Compliance21 Officer?22 That's the title where I submit my proposal, yes.23 A. This particular proposal?24 Q. No.25 A.