December 11, 2024 Planning Board Special Meeting Transcript - WEHI

21 of 38 sheets Page 81 to 84 of 100 01/08/2025 12:06:06 PM 81 THE WITNESS: That's the deer fence side.1 COMMISSIONER KLEIN: And growth absorbs more2 water and runoff and things.3 MR. AFRAN: Could I add something to some of4 the questions you have. First of all, under the current5 ordinance and maybe under the earlier one as well, under6 the current ordinance it's a 1 for 1 tree replacement.7 COMMISSIONER KLEIN: The diameter or --8 MR. AFRAN: I'll read it. "If you remove a9 tree 4 to 6 inches --"10 CHAIRMAN BAGOFF: Hold on. Hold off on11 reading the ordinance because we don't know if that's12 operative right now.13 MR. AFRAN: All right. I won't go into the14 details. I'll say this, there are different categories15 of radiant -- of diameter. But it is 1 for 116 replacement with a tree, generally 2.5 inches in17 diameter for each of the size classes. A tree must be 618 feet high. So it's not that it's a little seedling,19 it's a 6-foot high tree that has to be replaced.20 COMMISSIONER KLEIN: Right. I think we're21 talking different things. Seedlings are inside the22 fenced in deer area, so that they will grow because they23 don't want the deer to eat it. The seedlings on the24 outside got to be a little more mature so if the deer,25 82 they do start eating them they will still grow.1 MR. AFRAN: Correct. I just wanted to2 clarify, I wasn't sure what Mr. DeFeo meant but the3 current law says must be 6-foot high minimum and it's a4 1 for 1 replacement. So in order to do -- now let's5 assume there's 15,000 to be lost, assuming that theory6 is right, that means the developments got to put in7 another 8,500 trees. That's an enormous cost and so8 that's our point.9 CHAIRMAN BAGOFF: That's a long10 hypothetical, so let's stop right there. It's a11 hypothetical.12 MR. AFRAN: The other thing I'll just add in13 is the actual current law doesn't require that exact14 tree plan, the specific location each tree to be removed15 and it's species. So the new law is much more rigid,16 the current law I'll say is much more rigid than Mr.17 DeFeo seems to be working with. So that's the18 distinction.19 MR. PLOCKER: And this is an affordable20 housing inclusionary development that is entitled to21 certain deference, to certain elimination of cost22 generative items. Look at the affordable housing23 regulations, you want to site the law for a future court24 or wherever you want to

entitled to21 certain deference, to certain elimination of cost22 generative items. Look at the affordable housing23 regulations, you want to site the law for a future court24 or wherever you want to go, that's fine Bruce, but25 83 there's a reason those regulations exist and the town1 recognized that in the settlement, which was approved by2 the court, the settlement had this zoning ordinance3 attached to it which was approved by the court at a4 fairness hearing which was adopted by the governing body5 of this town and was not objected to.6 MR. AFRAN: I would respond and say, it can7 be looked at completely differently. That this8 developer is getting the privilege to build 396 market9 rate units on a site where you could only build 13610 houses. And at the price for the developer getting that11 privilege --12 CHAIRMAN BAGOFF: You're testifying.13 MR. AFRAN: Hang on. Mr. Plocker testified14 too. I just want to respond to what Mr. Plocker said.15 It is not a matter that because you were given16 affordable housing you're given special breaks. The17 affordable housing is the price the developer pays for18 the privilege to put 396 luxury units on a site that19 would carry only 136 single family homes.20 MR. PLOCKER: Which would have disturbed a21 lot more of that property.22 CHAIRMAN BAGOFF: Gentlemen.23 MR. AFRAN: We're done.24 CHAIRMAN BAGOFF: Thank you.25 84 MR. AFRAN: We have concluded our1 presentation, unless anyone has any questions that2 require me to weigh in.3 CHAIRMAN BAGOFF: Thank you. Okay. We're4 going take a five-minute break.5 I'm sorry. Council President, go right a6 head.7 COUNCIL PRESIDENT RUTHERFORD: So I don't8 know if this for you Mr. DeFeo or you Mr. Afran. I just9 have a couple questions as I was listing to the10 testimony.11 The 2010 study had 182 trees per acre of 612 inch diameter or greater. I do recall earlier in your13 presentation Mr. DeFeo, you had broken out the size of14 the trees per acre. Can you help me understand where15 you are with 6 inches or greater, the number per acre,16 if you have that?17 THE WITNESS: I have to find -- I don't have18 it in front of me. Hang on. I have to find the study.19 MR. AFRAN: If you have the actual study20 when we break can I take a look at it, please. I never21 seen it.22 THE WITNESS: The PowerPoint has a23 histogram, as I recall.24 MR. AFRAN: You want my copy.25