December 11, 2024 Planning Board Special Meeting Transcript - WEHI

19 of 38 sheets Page 73 to 76 of 100 01/08/2025 12:06:06 PM 73 actions.1 CHAIRMAN BAGOFF: But we're also saying2 there's a tree ordinance for this zone that proceeds the3 latest ordinance taking out Chapter 25.4 MR. AFRAN: Granted the latest ordinance is5 a product of statute or is a public health, safety,6 welfare issue. It binds this application.7 CHAIRMAN BAGOFF: You're arguing public8 safety, health and public welfare, which ordinance was9 never challenged in the IH-1 zone. So we're using that10 because it was never challenged. So you're challenging11 the ordinance?12 MR. AFRAN: It's not that I'm challenging13 the ordinance, there's a later ordinance that supercedes14 it. Council spoke and passed another tree ordinance and15 that tree ordinance governs everything in this town.16 That's the point.17 CHAIRMAN BAGOFF: Not the way the ordinance18 was written, but this is not -19 MR. AFRAN: It's a legal issue.20 CHAIRMAN BAGOFF: Exactly. This is not the21 venue to discuss that. Thank you for bringing that to22 the board's attention.23 MR. AFRAN: It'll come up again.24 CHAIRMAN BAGOFF: I'm sure it will.25 74 So Mr. DeFeo, I asked you a question, I'm not1 Q. sure if you answered it. Not sure you had a chance to2 answer with this colloquy, so just to be fair, why3 didn't you think it necessary to check to see what4 happened to the draft ordinance?5 I didn't think it was -- it's not relevant to6 A. the, as far as I understood it, it wasn't relevant to7 the work that I had done because it was after the fact.8 MR. AFRAN: Thank you.9 I'm corrected by the professor that it was10 adopted June 10, I believe it was adopted in May, but it11 was adopted at some point.12 We have no further questions. I thank Mr. DeFeo13 for his he patience --14 THE WITNESS: Thank you.15 MR. AFRAN: -- through these two days.16 Mr. Chairman, at this point we have nothing17 further at this stage. I know Mr. Plocker does not18 either.19 CHAIRMAN BAGOFF: Thank you.20 You want to ask a question?21 COMMISSIONER KLEIN: Yeah. I have a few22 questions.23 CHAIRMAN BAGOFF: You can ask your questions24 then Council President Rutherford.25 75 COMMISSIONER KLEIN: So you say it's1 between, either between roughly, I'm going to use round2 numbers, 6,000 trees that could possibly be disturbed3 and removed, as many as 15,000 trees removed or4 disturbed, somewhere in between. Are we going to5 actually count

oughly, I'm going to use round2 numbers, 6,000 trees that could possibly be disturbed3 and removed, as many as 15,000 trees removed or4 disturbed, somewhere in between. Are we going to5 actually count the number of trees that are removed when6 they actually -- if they were to approve this and were7 to do construction, would they count the number of trees8 4 inches or greater or whatever the number is and9 quantify and say, ah, yeah, 6,100 trees?10 THE WITNESS: As a rule, no. The answer11 would be that, would depend on who ultimately does that12 work. The monitor that is used would primarily be13 concerned to make sure that tree removal does not exceed14 the area of disturbance.15 MR. KLINE: Okay.16 THE WITNESS: Not counting every tree17 internally, because it's -- that's just not feasible,18 you know they're going to be removed.19 MR. AFRAN: Actually, with respect, we have20 a different interpretation of the current ordinance. I21 know there's a dispute about whether they apply. If, if22 the current ordinance applies, it actually requires23 exactly what you asked. That each tree and species and24 it's locations be marked before construction. Now, that25 76 precedes the development plan to do precisely that. So1 the current ordinance does require exactly what you2 asked for.3 COMMISSIONER KLEIN: Right. So then if it's4 only 6,000, the way you say, then your replacement5 numbers will work. If it turns out that it's a higher6 number what would be the replacement or what would be7 the mitigation if it were indeed 3, 4, 5, 6,000 more8 trees than actually you estimate?9 THE WITNESS: I defer to legal for that kind10 of answer. I just don't know.11 COMMISSIONER KLEIN: It's more a technical12 question for you. You came up with a way, a certain13 amount of deer fence and that --14 THE WITNESS: Right. I follow what you're15 saying.16 COMMISSIONER KLEIN: What if it's double?17 What it's 12,000.18 CHAIRMAN BAGOFF: Well, he said before, you19 run the numbers.20 COMMISSIONER KLEIN: Right. And then how21 much -- is there enough area to make deer fence to be22 able to mitigate the extra 3, 4, 6,000?23 THE WITNESS: There really isn't much more24 room. I mean, theoretically more deer fencing could be25