December 11, 2024 Planning Board Special Meeting Transcript - WEHI

01/08/2025 12:06:06 PM Page 69 to 72 of 100 18 of 38 sheets 69 So what do you mean, I'm sorry?1 Q. The environmental compliance officer proposal2 A. works on ensuring compliance at the environment center3 where the composting and recycling is collected. My job4 is to, my contract there is to inspect it and ensure it5 meets compliance with state regulations.6 So when you say you're the Environmental7 Q. Compliance Officer, as you did on O-4, you mean only8 with respect to that limited function?9 Well, I get called in under that title to do10 A. other items as necessary that deal with environmental11 issues. If there's an environmental question that12 pertains to an area that the Township believes I can be13 helpful, I'm called in for that, yes.14 I'm not trying to make light of anything and15 Q. please note I'm not trying to be sarcastic. Trees are a16 fundamental part of the environment, we would agree,17 correct?18 I would say trees are a fundamental part of the19 A. environment. I agree with you, yes.20 We reached a point of agreement.21 Q. Now, one would think as the environmental22 compliance officer noting that trees are a large part of23 that general subject area, that you should have read the24 town tree ordinance?25 70 I read the drafts of the towns tree ordinance1 A. when asked to read them for very specific comment. But2 not, I'm not the town forester and I do not deal with3 the tree ordinance. I have not been called to deal with4 it, so I haven't had a to reason look at it.5 Did it occur to you that the current tree6 Q. ordinance might be relevant to this application?7 Not to me because this ordinance was adopted8 A. prior. I was working under the prior -- I was working9 under the negotiated settlement system.10 Well, did someone say to you that the new11 Q. ordinance does not apply, the old ordinance does?12 My work was completed prior to the new ordinance,13 A. so it wouldn't have been anything to come up in14 discussion.15 But you knew there was a new ordinance because16 Q. you read the drafts, is that correct?17 I knew there was one being considered. I didn't18 A. know what was ultimately going to be adopted, I wasn't19 part of that process.20 And before you issued your report here and your21 Q. testimony you didn't think it necessary to look at that22 ordinance?23 My reports were issued prior to my reading even24 A. the draft of the new

20 And before you issued your report here and your21 Q. testimony you didn't think it necessary to look at that22 ordinance?23 My reports were issued prior to my reading even24 A. the draft of the new ordinance. I had no idea if it was25 71 even going to be adopted. My initial report --1 Well --2 Q. -- from a few years ago.3 A. Well, your report dated October 16.4 Q. Oh, I thought you meant the tree study. I'm5 A. sorry.6 Tree study?7 Q. Yeah, I'm sorry.8 A. Well, you came here to testify over the last9 Q. several weeks and that was after the May 2024 adoption10 of the current tree ordinance and you issued a report11 dated October 16, 2024 and that was also after the date12 of adoption. Now, didn't it occur to you to see what13 happened to those drafts that you read, to see whether14 they entered into law before you testified?15 No.16 A. Why not?17 Q. MR. PLOCKER: In all fairness, our zoning18 ordinance says this application, unless specifically19 stated in the IH zoning ordinance that are applicable20 here, that we are exempt from every regulation in the21 West Orange Land Use Ordinance. It says it in our22 ordinance.23 MS. McGOVERN: I understand that and the24 ordinance does say that and you also knew the tree25 72 ordinance was taken out of the Land Use Ordinance, so1 this board doesn't have any, it doesn't --2 CHAIRMAN BAGOFF: Not a Chapter 25 anymore.3 MS. McGOVERN: It's not a Chapter 254 anymore, so it's not part of Land Use.5 MR. AFRAN: As a general ordinance under the6 code.7 MS. McGOVERN: Right, not part of the Land8 Use Ordinance any longer.9 MR. AFRAN: Well, any application for10 development is governed by whatever tree ordinance is in11 force in the general ordinance.12 MS. McGOVERN: It's been removed from the13 land Use Ordinance.14 MR. AFRAN: I can tell you that it15 specifically states that no application for development16 will destroy trees closer than 100 feet from the ridge17 line.18 MS. McGOVERN: I will then tell you it's not19 in Chapter 25, which is the Land Use Law Ordinance which20 the board has to review to see whether it complied with21 or if there's an issue with.22 MR. AFRAN: I understand you point Ms.23 McGovern, but I would differ only in that if there is a24 general ordinance it still governs the developers25